CEI

Competitive Energy Insight, Inc.

Phone: (858) 566 - 0221

Fax: (858) 566 - 0287

info@ceinsight.com

SAMPLE CEI DUE DILIGENCE REVIEW LICENSE

Clients of CEI software who are authorized under paid licenses may request that CEI provide a special Due Dilligence Review License to Third Parties who need to review EconExpert proformas for necessary Due Dilligence purposes.  The Due Dilligence Review User Designation provided below, is a sample copy of the subject agreement that those Third Parties will be required to agree to when the software is installed and each time it is opened on the Third Party's computer.  Acceptance of the agreement is performed by clicking on a macro button located in the software at the bottom of the agreement form, confirming by the user that "I agree to and accept the terms above"  . Blanks in this sample agreement will be filled in when the user opens the software.    If the terms are accepted, the Third Party will be provided access to the model for a period specified by CEI, usually at no additional cost.

Due Diligence Review User Designation

 This document or screen constitutes a Due Diligence Review User Designation under the Software License Agreement granted by Competitive Energy Insight, Inc. ("CEI"), as licensor, to _____________ [insert name of licensee] ("Licensee") dated ____________, a copy of which is attached hereto or which can be found at the following website: http://www.ceinsight.com/page/sample-cei-due-dilligence-review-license (the "License Agreement"). Terms used with initial capitalization which are not otherwise defined herein shall have the respective meanings given to them in the License Agreement
 
CEI hereby designates ______________________ as an authorized Due Diligence Review User of the Software which acting solely in his/her capacity as an owner, employee, or consultant of a company supporting or reviewing the business or affairs of Licensee and conducting a due diligence examination to review the models or other data produced or generated under the Software for accuracy, completeness, or other similar purposes and more specifically for ___________________ (the "Due Diligence Review Use"), AND FOR NO OTHER PURPOSE.
 
name of software program: _____________________ (the "Software").
 
The foregoing designation is made subject to all of the terms, conditions, and restrictions set forth in the License Agreement.
 
1.         By clicking on the "I Agree to" button below, you are expressly agreeing to the terms of the License Agreement and you agree to be bound to the terms of the License Agreement as if you were a party thereto, a copy of which is available for your review at the following location: www.CEInsight.com.
 
2.         You agree that you will not use the Software or any information obtained through the use of the Software for any purposes other than the Due Diligence Review Use.
 
3.         You agree that since you are not being required to pay any licensing or other fees for the use of the Software, your access to the Software is provided to you without warranty of any kind from CEI or any other person, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. In no event shall CEI or any other person from whom you have received access to the Software (collectively, the "Providers") be liable to you for any damages of any type or nature, whether in contract, tort, or otherwise, nor shall any Provider assume any other type of liability to you arising from, out of, or in connection with your use of the Software.
 
4.         Your rights to gain access to the Software, as set forth herein, shall terminate on the earlier of your completion of activities associated directly with the Due Diligence Review Use or the date specified in the License Agreement unless CEI, in its sole discretion after receiving a written request from the Licensee, grants an extension to such termination date. Upon completion of activities associated directly with the Due Diligence Review Use, you may retain one electronic copy of the Software only for Archival Purposes and unless expressly agreed in writing by CEI, you will destroy all other electronic copies of the Software.
 
5.         This Due Diligence Review User Designation is not assignable.
 
6.         You hereby represent and warrant that you are duly authorized to make these commitments on behalf of yourself and your employer.
 
7.         You understand and acknowledge that any support provided by CEI relative to your use of this Software is given solely at CEI's discretion and pursuant to the terms of the License Agreement.
 
8.         You acknowledge you will be required to agree to the foregoing each time you access the Software.
 
 
In the software, buttons will be presented at the end of the agreement requiring the user to accept or reject the terms above.

 

  I agree to and accept the terms above.   

 

 

I cannot agree to the terms above and therefore

I will not attempt to use the Software.