Website Terms and Conditions

Acceptance

Thank you for visiting this website (the “Website”), which belongs to VenTex Software Corporation (“VenTex”). The Website is offered to you conditioned on your acceptance, without modification, of the following terms, conditions, and notices (these “Website Terms”). Your use of the Website (including your browsing of any of the web pages on the Website) constitutes your agreement to be bound by these Website Terms.

VenTex reserves the right, in VenTex’s sole discretion, to change, modify, add, or remove portions of these Website Terms at any time without notice to you. You should read these Website Terms periodically for changes. If you use the Website after VenTex posts changes to these Website Terms, you are deemed to have accepted the changed Website Terms. These Website Terms were last changed on July 2, 2009.

Purpose

The Website is designed to provide you with many functions, including the ability for you to browse the Website for informational purposes and to purchase services and products from VenTex.

Privacy

VenTex PrivacyPolicy is incorporated into, and made a part of, these Website Terms.

Limited License

Ownership. The Website and all information, images, graphics, data, text, files, links, software, messages, communications, content, organization, designs, structures, compilations, libraries, magnetic translations, digital conversions, and other matters related to the Website (collectively the “Website Content”) are the exclusive property of, and exclusively owned by, VenTex and VenTex’s licensors and are protected under applicable copyright, trademark, trade secret, and other proprietary and confidentiality rights laws and regulations. Except as specifically allowed in these Website Terms, the copying, redistribution, use, or publication by you of the Website Content is strictly prohibited. You do not acquire any ownership rights to any Website Content through your access to, or use of, the Website, and you possess only those rights expressly granted to you in these Website Terms.

Limited Right to Use. VenTex grants, and you accept, a limited, non-exclusive, non-transferable, and revocable license to use the Website Content solely for your own personal or internal business use (and never in a multi-level marketing capacity or managed services environment). You many not use the Website Content for any other purpose. Further, you may not reproduce, republish, distribute, assign, sublicense, sell, or prepare derivative works of the Website Content. All rights in and to the Website Content not expressly granted in this paragraph remain in VenTex and VenTex’s licensors.

Pricing and Payment

You agree to promptly pay all amounts for your use of the Website in accordance with the applicable terms and conditions of the Website. All undisputed past due amounts owed by you shall bear interest until paid in full at the rate of the lesser of (i) 1.5% per month or (ii) the maximum allowed by law.

Conduct/Content

Use. You agree to use the Website only for the Website’s intended purpose. In this connection, you agree that when using the Website, you will not:

  • Modify, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Website or make any unauthorized changes to the Website;
  • Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate (or use the Website to do any of the foregoing with respect to) any inappropriate, profane, defamatory, infringing, obscene, indecent, hateful, or unlawful topic, name, material, or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Use any automated means, including electronic “spiders,” “robots,” or “crawlers,” to download data from the Website or any of VenTex’s databases or engage in any data gathering, mining, or extraction methods for any purpose;
  • Incorporate data from the Website or any of VenTex’s databases into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side Websites, or web-based, without VenTex’s prior, express, and written consent;
  • Advertise, post, or offer to sell or buy any goods or services for any business purpose (including commercial advertisements, affiliate links, and other forms of solicitation);
  • Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited e-mail, or any advertising, promotional, or unauthorized communication;
  • Download any file posted by another user of the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded;
  • Impersonate another person or entity or use any fake name or identity;
  • Allow any other person or entity to use your identification for posting or viewing comments;
  • Restrict or inhibit any other user from using and enjoying the Website;
  • Violate any code of conduct or other guidelines that may be applicable to the Website;
  • Harvest or otherwise collect information about others, without their prior, express, and written consent; or
  • Violate any applicable laws, rules, or regulations or rights, including intellectual property, privacy, or publicity rights.

Submissions. By posting, uploading, inputting, providing, or submitting information or materials to the Website (the “Submissions”), you are granting VenTex and VenTex’s affiliated companies irrevocable permission (including a worldwide, transferable, perpetual, royalty-free, fully paid-up license) to use your Submissions without restriction in perpetuity.

No compensation will be paid with respect to the use of your Submissions. By posting, uploading, inputting, providing, or submitting your Submissions, you represent and warrant that you own or otherwise control all of the rights to your Submissions as described in these Website Terms, including all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

Monitoring. VenTex has no obligation to monitor the Submissions or any other aspect of the Website. However, VenTex reserves the right to review the Submissions and to refuse to post and remove any Submission or such other materials in VenTex’s sole discretion (regardless of the reason). VenTex assumes no liability relating to VenTex’s monitoring or removal acts or omissions. VenTex does not guarantee the accuracy, integrity, or quality of any Submissions or other user content or that the Website will be entirely free of illegal, offensive, or otherwise inappropriate material or that users of the Website will not encounter inappropriate or illegal conduct from others.

User Representations

    You represent and warrant the following:
  • (i) you are at least 18 years of age, (ii) your use of the Website is legal in, and does not violate any laws or rules of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website, (iii) you possess the legal right and ability to enter into these Website Terms and to use the Website in accordance with these Website Terms, (iv) your use of the Website shall be in accordance with these Website Terms, and (v) your use of the Website shall be in accordance with all applicable laws and regulations;
  • You will not (i) use the Website in any manner that could damage, disable, overload, or impair the Website or interfere with any other party’s use and enjoyment of the Website, (ii) obtain, or attempt to obtain, any materials, information, or other content through any means not intentionally made available or provided for through the Website, or (iii) circumvent, or attempt to circumvent, any security feature of the Website; and
  • You have all necessary right and authority to submit the Submissions to VenTex.
Registration

If the Website offers any registration functionality, then, in connection with such functionality, the following will apply: you agree to provide accurate, current, and complete information about yourself as you may be asked in the registration process or from time to time. You also agree to maintain the confidentiality and security of your password, account, and other identification information and not provide it to any other person or entity. You are fully responsible for all use of, and activities that occur under, your password, account, and other identification information and for any actions that take place through your registration or access to the Website (whether conducted by you or another). You must also maintain and promptly update personal data that you provide to VenTex to keep such data accurate, current, and complete. You are responsible for restricting access to your computer as necessary.

Termination of Access

VenTex reserves the right to terminate your access to the Website at any time (for any reason or for no reason). In particular, and without limitation, VenTex may terminate your access to the Website upon your non-compliance with these Website Terms or if you violate VenTex’s rights or the rights of any other party.

Indemnification

You agree to indemnify, defend, and hold VenTex and VenTex’s owners, partners, shareholders, members, managers, directors, officers, employees, agents, information providers, suppliers, agents, and attorneys harmless from any and all liabilities, losses, claims, and expenses, including reasonable attorney’s fees, related to (i) your failure to comply with any of these Website Terms, (ii) your use of the Website (including third party claims relating to your Submissions or information or content downloaded by you from the Website), and (iii) all use of, and activities that occur under, your password, account, and other identification information and any actions that take place through your registration or access to the Website (whether conducted by you or another). VenTex has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Website Terms or the Website or your use of the Website.

Disclaimers

THE INFORMATION, CONTENT, AND SERVICES PROVIDED BY VENTEX THROUGH THE WEBSITE (INCLUDING THE WEBSITE CONTENT) ARE PROVIDED “AS IS,” “WHERE IS,” AND WITHOUT WARRANTY. VENTEX DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. VENTEX DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. VENTEX DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. IN NO EVENT WILL VENTEX BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR ACCOUNT.

ALL INFORMATION, CONTENT, AND SERVICES PROVIDED BY VENTEX THROUGH THE WEBSITE (INCLUDING THE WEBSITE CONTENT) ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND REPRESENTS NO COMMITMENT ON VENTEX’S PART IN THE FUTURE TO MAINTAIN OR CHANGE SUCH INFORMATION, CONTENT, OR SERVICES OR TO PROVIDE THE WEBSITE. ALTHOUGH THE WEBSITE CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT-OF-DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. VENTEX DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS, OR APPROPRIATENESS OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY VENTEX.

VENTEX IS NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE WEBSITE OR OTHERWISE USE OR RECEIVE INFORMATION, CONTENT, OR SERVICES FROM OR REGARDING THE WEBSITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VENTEX OR ANY OF VENTEX’S AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND (INCLUDING COMPENSATORY DAMAGES, LOST PROFITS, LOST DATA, OR ANY FORM OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE WEBSITE CONTENT, OR THE SUBMISSIONS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT VENTEX AND VENTEX’S AFFILIATES AND LICENSORS ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, INCLUDING OFFENSIVE CONTENT OR OFFENSIVE CONDUCT. IF YOU ARE DISSATISFIED WITH ANY WEBSITE CONTENT, OR WITH ANY OF THESE WEBSITE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IN ADDITION TO THE FOREGOING LIMITS, IN NO EVENT WILL VENTEX’S OR ANY OF VENTEX’S AFFILIATES’ OR LICENSORS’ AGGREGATE LIABILITY EXCEED $100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT EXPAND THESE LIMITS. IN NO EVENT MAY YOU BRING A CLAIM OR CAUSE OF ACTION AGAINST VENTEX OR ANY AFFILIATE OF VENTEX MORE THAN TWO YEARS AFTER THE CLAIM OR CAUSE OF ACTION AROSE.

Links

The Website may contain links to other websites. VenTex is not responsible for, and disclaims any liability with respect to, the content, accuracy, or opinions expressed in such websites, and VenTex does not investigate, monitor, or check such websites for accuracy or completeness. Inclusion of any linked website on the Website does not imply VenTex’s approval or endorsement of the linked website or the products, services, or information available at or from such linked website. If you decide to leave the Website and access these third-party sites, you do so at your own risk. Specifically, you will be subject to such third-party sites’ privacy policies (if any).

You may not create an Internet “link” to the Website or “frame” or “mirror” any Website Content without VenTex’s prior written permission for each such instance. Additionally, the Website may contain links to other pages within the Website that are “dead” or that no longer work. Please report any such dead-links that you encounter.

Miscellaneous

These Website Terms shall be governed by, and construed and enforced in accordance with, the laws of the state of Texas, without regard to Texas’s conflicts of law principles. All legal proceedings arising out of, or in connection with, these Website Terms shall be brought solely in a court of competent jurisdiction located in Midland County, Texas.

The provisions of these Website Terms are severable, and in the event any provision of these Website Terms is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. VenTex’s waiver of a breach of any provision of these Website Terms by you shall not operate or be construed as a waiver by VenTex of any subsequent breach by you.

A printed version of these Website Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, these Website Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Website Terms and all related documents be drawn up in English as spoken in the United States.

You may not assign these Website Terms (or delegate your rights, duties, or obligations under these Website Terms) without VenTex’s prior, express, and written consent.

If you are aware of any violations of these Website Terms or if you have any questions or comments regarding these Website Terms, please contact us at postmaster@ventexsoftware.com.

All trademarks, service marks, and trade names displayed on the Website are proprietary to VenTex or VenTex’s licensors, all of which are the property of their respective owners.

The following materials have been used in connection with the Website with permission from the Society of Petroleum Engineers:

  • Performance After Breakthrough (welge equations), Craig, F.F., Jr. ed. 1971. The Reservoir Engineering Aspects of Waterflooding. Monograph Vol.3. Henry L. Doherty Series. 36. Richardson, Texas: Society of Petroleum Engineers. © 2009 SPE;
  • Methods of Predicting Waterflood Performance, Craig, F.F., Jr. ed. 1971. The Reservoir Engineering Aspects of Waterflooding. Monograph Vol.3. Henry L. Doherty Series. 78-95. Richardson, Texas: Society of Petroleum Engineers. © 2009 SPE;
  • Composite Injection and Producing Rates, WOR, and Recovery vs Time, Craig, F.F., Jr. ed. 1971. The Reservoir Engineering Aspects of Waterflooding. Monograph Vol.3. Henry L. Doherty Series. 115-124. Richardson, Texas: Society of Petroleum Engineers. © 2009 SPE; and
  • Craig-Geffen-Morse Method, Craig, F.F., Jr. ed. 1971. The Reservoir Engineering Aspects of Waterflooding. Monograph Vol.3. Henry L. Doherty Series. 81. Richardson, Texas: Society of Petroleum Engineers. © 2009 SPE.
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