User Agreement

By using the University of New Hampshire (UNH) SIMAP carbon and nitrogen calculator ("SIMAP"), accessible on the Sustainability Indicator Management and Analysis Platform (SIMAP) site located at UNHSIMAP.org (the "Portal"), you are agreeing to specific terms and conditions set forth below. 

IMPORTANT-READ CAREFULLY BEFORE USING: This is an agreement (this "Agreement") between you, whether acting as an individual or entity (“You”) and the University of New Hampshire, the public NH state land grant university located at 131 Main St., Durham, New Hampshire, 03824 ("UNH"). By using SIMAP or the Portal, you are accepting the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you should click on the button marked "I DO NOT ACCEPT" and you may not access or otherwise use SIMAP or the Portal. Your clicking on the button marked "I ACCEPT" and your continued use SIMAP or the Portal indicates your acknowledgement that you have read, understand and accept these terms and conditions. This Agreement represents the entire agreement concerning SIMAP and the Portal between you and UNH, and it supersedes any prior proposal, representation or understanding between you and UNH. 

SECTION I: USER ACCESS: 

1. Use of the Calculator or Portal does not obligate you to enter into a fee-based relationship with UNH. 

2. UNH grants to you, and you accept, a nonexclusive, nontransferable license to use SIMAP and the Portal for use by you or your organization, for non-commercial purposes only. Any use beyond the scope of this Agreement must be in writing and agreed to separately by you and UNH. 

3. Use of SIMAP or the Portal for purposes other than to track and manage institutional carbon and nitrogen emissions or to provide educational value (the "Limited Purpose"), including, but not limited to firms providing consulting services or other for-profit enterprises, shall contract with UNH separately. UNH reserves the right to block your use and access to SIMAP and the Portal for any use unrelated to the Limited Purpose.  

4. You agree that you will not (a) reverse engineer, modify, alter, disassemble, decompile, adapt or translate any part of SIMAP or the Portal except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (b) copy (except solely for back-up purposes), sell, loan, assign, sublicense, subcontract, transfer, give, disclose, pledge, lease, rent or share any portion of SIMAP, the Portal or your rights or obligations under this Agreement; (c) modify or prepare derivative works of SIMAP or the Portal; or (d) use SIMAP or the Portal in a competing endeavor, whether educational, non-profit, or for-profit business. 

SECTION II: INTELLECTUAL PROPERTY AND ACKNOWLEDGEMENT: 

1. All right, title and interest in or associated with SIMAP, including trademarks and copyrighted materials, are property of UNH. All rights not expressly granted are reserved by UNH. "University of New Hampshire", "Campus Carbon Calculator", "CarbonMAP", "SIMAP" and the associated logos are used as trademarks and cannot be used for commercial purposes. Use of any UNH trademarks are granted for credit purposes only. No other use of UNH trademarks is granted unless otherwise agreed to in writing by you and UNH.  

2. When presenting the data obtained from the Portal, whether in written reports or spoken presentations, users should credit the tool as follows: "SIMAP, University of New Hampshire, Sustainability Institute."  

SECTION III: ACCESS TO USER DATA 

1. The online Inventory Module of the Portal stores your user input information in a database created and maintained by UNH. Staff from UNH will have access to your user input data and results (collectively, the "Data"). Limitations on the use of this Data by UNH are outlined in Section IV of this Agreement. 

2. UNH will not sell, share, or in any other way divulge Data attributable to you or any other specific user of the Portal without express permission from you or any user’s account administrator, subject to the permitted uses set forth in Section IV of this Agreement. 

3. You shall have unrestricted access to your own input data, except during regularly scheduled maintenance periods during the first full weekend of every month; or in the event of unplanned outages, which the UNH will work to resolve as quickly as reasonably possible. 

4. UNH will use commercially reasonable efforts to ensure security of your Data. UNH, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance.  UNH will use reasonable efforts to maintain your access to SIMAP and may suspend performance for problems brought to UNH’s attention. UNH’s responsibilities to you do not extend beyond such endeavors. 

SECTION IV: PRIVACY AND USE OF USER DATA 

1. You acknowledge and agree that the Portal and SIMAP constitutes and contains valuable proprietary products and know-how of UNH, embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly, you agree to treat (and take precautions to ensure that its employees treat) the Portal and SIMAP as confidential in accordance with the confidentiality requirements and conditions set forth below. 

2. To the extent permitted by law, each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become known publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (e) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information. 

3. You acknowledge that the unauthorized use of the Portal and/or SIMAP will (i) substantially diminish the value to UNH of the know-how and other proprietary interests that are the subject of this Agreement; (ii) render UNH's remedy at law for such unauthorized use, disclosure or transfer inadequate; and (iii) cause irreparable injury in a short period of time. If you breach any of your obligations with respect to the use or confidentiality of the Portal and/or SIMAP, UNH shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief. 

4. The Data stored in the Portal’s databases, and specifically in the SIMAP database, will be aggregated and analyzed by UNH for the purposes of identifying industry trends and providing useful benchmarks. However, UNH recognizes the need of each of our participating institutions to keep some or all Data entered into SIMAP confidential. Confidential information shall include any and all information, proprietary or non-proprietary, that has not been publicly disclosed. In the performance of services related to SIMAP, (i) confidential or proprietary information that you input into SIMAP shall remain the exclusive property of you and (ii) UNH shall not, without your express written consent from the account administrator, disclose, copy or make any use of your confidential information; provided, however, that notwithstanding the foregoing, UNH shall have the right to aggregate Data, compare and benchmark Data and otherwise use Data to perform analyses, and compile reports, and sell or license the results of any such activities for commercial sale. In connection with such aggregated data, you hereby grant an irrevocable and perpetual license to UNH to (a) generate comparative reports, inclusive of your Data, and sell/license and deliver such comparative reports, and (b) generate reports regarding aggregated Data and analyses thereof (including benchmarks, barriers, trends, averages and the like) for sale or license to third parties. Notwithstanding the foregoing, any such use of aggregated Data by UNH shall be de-identified. You shall not have any rights in such reports, work product or results resulting from such aggregated data. All rights to the aggregated data shall be reserved by UNH. 

5. Notwithstanding the foregoing, your confidential information shall not include (a) information that is generally known to the public (provided that such general knowledge was not obtained by any improper act or omission by UNH or any third party), (b) communicated to UNH by a third party, free of any obligation of such third party to maintain the confidentiality of such, or (c) was independently developed by UNH using no amount of the information supplied by you. You understand and agree that information and Data from our users shall be aggregated and compared, included as described in this Section IV. 

6. Use of SIMAP and the Portal implies authorization to use such Data in the creation of comparative reports, inclusive of your confidential information; however, reports will not link institutions to the confidential information contained in such reports, to maintain the confidentiality of each participating institution’s information. 

7. UNH will not sell or share identifying or contact information for users of SIMAP without express written consent from an account administrator. 

8. Notwithstanding anything in this Agreement to the contrary, UNH may disclose your confidential information and Data to the extent that such disclosure is required by an order of a court, administrative agency or governmental authority, or by any law, rule or regulation, or by subpoena, discovery request, summons or other administrative or legal process, or by any formal or informal investigation by any governmental agency or authority. The parties acknowledge and agree that no UNH confidential information will be provided to you under this Agreement. 

SECTION V: LIMITATION OF LIABILITY 

1. UNH will not be responsible for verifying your input data or results from SIMAP. UNH does not assume any liability for the accuracy of your inventory results from your use of the Portal or SIMAP. 

2. UNH does not assume any liability for the application of the inventory results from your use of the Portal or Calculator to any decision-making processes on or off campus. 

3. THE PORTAL AND SIMAP (INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, RESULTS AND INFORMATION ACCESSED OR GENERATED BY YOUR USE THEREOF) IS PROVIDED "AS-IS", WITHOUT WARRANTIES OF ANY KIND, AND UNH DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE. UNH DOES NOT WARRANT THAT THE PORTAL OR SIMAP, OR FUNCTIONS CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES WILL BE CORRECTED, THAT THE PRODUCT WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT DEFECTS IN THE PORTAL OR SIMAP WILL BE CORRECTED. UNH DOES NOT WARRANT THAT SIMAP AND THE PORTAL WILL ALWAYS WORK CORRECTLY. UNH DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PORTAL OR SIMAP IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. 

4. IN NO EVENT SHALL UNH BE LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO YOUR USE OR INABILITY TO USE SIMAP, INCLUDING DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL (INCLUDING LOST PROFITS) DAMAGES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

5. EXCEPT FOR EXPRESS RESPONSIBILITIES OF UNH HEREUNDER, YOU SHALL USE THE PORTAL AND SIMAP AT YOUR OWN RISK. You assume the entire risk as to the results and performance of the Portal and/or SIMAP. You are advised that information, data and files supplied to you and stored by you in connection with the use of the Portal and/or SIMAP are transported through a network and stored on a server. Thus, it is your responsibility to create back-up files for any and all such information, data and files that you use in connection with the Portal and/or SIMAP. You acknowledge and agree that: (a) SIMAP and the Portal, and the use thereof, may result in unexpected results, loss of data, project delays or other unpredictable damage or loss to you; and (b) UNH has the right to unilaterally abandon development of the Portal and/or SIMAP at any time and without any obligation or liability to you or any third party. You further agree that you shall make no claim against UNH for lost data, run time, inaccurate output, work delays or lost profits resulting from the use or operation of SIMAP. 

SECTION VI: TERMINATION OF USE: 

6. You may terminate your use of SIMAP and the Portal at any time. To terminate, users must notify UNH and receive confirmation that the termination request has been received and processed. 

7. UNH may terminate your use of the Calculator or Portal upon your breach of any terms of this Agreement. 

8. Continuing after termination, your data may be maintained and held by UNH, for a period of time determined by the UNH and subject to change, pursuant to the terms, conditions and limitations set forth in Section IV. 

OTHER: 

You shall be notified (by electronic mail to your provided address) of any changes to any terms and conditions of this Agreement within 48 hours of any such changes being made; and any such changes shall be binding upon you upon such notification.

[Added 11/2020] The terms for purchasing a SIMAP license are described in this user agreement. Please note that we cannot accept any additional terms in a PO. By paying for a SIMAP license, you agree that any additional terms in a PO are null and void and that the SIMAP user agreement solely governs your use of SIMAP.

[Added 5/2023 to Section IV, Paragraph 8] The parties acknowledge and agree that no UNH confidential information will be provided to you under this Agreement.