Terms of Service

The software that you are licensing is subject to the terms and conditions below. This is a legal document (the Agreement) between you (Licensee or You) and INFINITE LAMBDA LIMITED (Infinite Lambda or We), a company incorporated in England and Wales under company number 11946079 and whose registered office is at Atlas House, 1 King St Atlas House, 1 King Street, London, England, EC2V 8AU for:

• Carbon Analytics the data supplied with the software, and the associated media (Software); and
• printed materials - online OR electronic documents (Documents).
  We license use of the Software and Documents to you on the basis of this Agreement. We do not sell the Software or Documents to you. We remain the owners of the Software and Documents at all times.

IMPORTANT NOTICE TO ALL USERS:

• BY ACCESSING OR DOWNLOADING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU AND YOUR EMPLOYEES. THE TERMS OF THIS AGREEMENT INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CLAUSE 8.
• IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS OR THIS SOFTWARE OR ITS DOCUMENTS.

1. License Grant and Scope

Subject to the terms and conditions hereof, Infinite Lambda grants to licensee, a limited non-exclusive, non-transferable, revocable license to use Infinite Lambda’s Software product in object code format or only by accessing it via a cloud-based web application solely for the purpose of licensee’s internal evaluation and testing of the Software and not for general commercial use. licensee shall not use the Software for the processing of any live or production data. Infinite Lambda is not obliged to provide any source code or reveal any methodologies or documentation for the Software.

The Software is under constant development and does not constitute a commercial product ready for use. All affiliated materials such as documentation, methodologies and/or information are copyrighted and form an integral part of the Software, collectively referred to as the Software. Any translation of the Software is prohibited. Infinite Lambda is not obligated to provide maintenance, technical support or updates to licensee in relation to the Software.

The name of the Software might be subject to additional change depending on Infinite Lambda’s sole discretion and marketing strategy. Nevertheless, licensee agrees that a change in the Software’s name does not limit the obligations set forth herein and the same copyright protection shall be granted to the referred Software if its name changes.

The Scope of this agreement is the licensing (not selling) of the Software to licensee as the 'user' (either an individual or an entity).

2. Restrictions

Except as expressly set out in this Agreement or as permitted by any local law, You undertake:

a) not to copy the Software or Documents except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documents;
c) not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software;
e) to supervise and control use of the Software and ensure that the Software is used by your employees and company representatives in accordance with the terms of this Agreement;
f) to include Infinite Lambda copyright notice on all entire and partial copies you make of the Software on any medium;
g) not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than your employees without prior written consent from us;

3. No Services and No fees

Infinite Lambda shall be under no obligation to provide licensee with any services connected to the use of the Software.

The Parties agree that no fees shall be due for the use of the Software under this Agreement.

4. Termination

We may terminate this Agreement upon written notice to You at any time. Within five days after termination, licensee will (i) return to Infinite Lambda the Software and all copies thereof in the form provided by Infinite Lambda or (ii) upon request by Infinite Lambda destroy the Software and all copies thereof and certify in writing that it has been destroyed. Sections 3 through 11 shall survive termination of this Agreement.

5. Proprietary Rights; Confidentiality; Restrictions and Dependencies

Licensee acknowledges that the Software contains confidential information and trade secrets of Infinite Lambda and its licensors.

Licensee will not use the Software or any documentation provided therewith for any purpose other than licensee’s internal evaluation, and shall not disclose to any third party without the prior written approval of Infinite Lambda, the Software, its features, related technical information identified as confidential or the results of any performance or functional evaluation or test of the Software (the “Confidential Information”). licensee will use no less than all reasonable efforts to protect the Confidential Information from unauthorized use or disclosure. licensee may disclose Confidential Information only on a need to know basis and only to those of its employees who have first executed a written agreement that contains use and nondisclosure restrictions at least as protective as those set forth herein. licensee will immediately report any violation of this provision to Infinite Lambda and shall employ all reasonable means to mitigate any damages or losses that Infinite Lambda may incur as a result of any such violation. licensee is obliged to prevent unauthorized access to the Software by third parties through the implementation of appropriate precautionary measures. The original storage media delivered and any backups are to be stored in a location protected against unauthorized access by a third party. licensee is to be obliged to advise potential employees to respect copyright and the terms of this Agreement.

Licensee’s rights in the Software will be limited to those expressly granted in Section 1. Infinite Lambda and its licensors reserve all rights and licenses in and to the Software not expressly granted to licensee hereunder.

6. Warranty

THE SOFTWARE IS PROVIDED “AS-IS.” INFINITE LAMBDA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE IN TRADE.

7. Acknowledgment of the Software

Licensee acknowledges and agrees that: (a) the Software is not an official product and has not been commercially released for sale by Infinite Lambda; (b) the Software may not operate properly, be in final form or fully functional; (c) the Software may contain errors, design flaws or other problems; (d) it may not be possible to make the Software fully functional; (e) the information obtained using the Software may not be accurate and may not accurately correspond to information extracted from any database; (f) use of the Software may result in unexpected results, loss of data or communications, project delays or other unpredictable damage or loss; (g) Infinite Lambda is under no obligation to release a commercial version of the Software; and (h) Infinite Lambda has the right unilaterally to abandon further development of the Software, at any time and without any obligation or liability to licensee. licensee acknowledges and agrees that it should not rely on the Software for any reason. licensee is solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Software. licensee will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of licensee’s use of the Software. 

8. Limitation of Liability

EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFINITE LAMBDA AND ITS LICENSORS TO licensee OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SOFTWARE, OR FOR ANY ERROR OR DEFECT IN THE SOFTWARE, OR FOR THE PROVISION OF TECHNICAL SUPPORT INSTALLATION, TRAINING OR OTHER SERVICES IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES PAID TO INFINITE LAMBDA HEREUNDER. IN NO EVENT WILL INFINITE LAMBDA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS, REVENUE, DATA OR DATA USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitations of liability set forth in this Agreement reflect the allocation of risk negotiated and agreed to by the Parties. The Parties would not enter into this Agreement without these limitations on its liability.

9. Amendments and Modifications

Licensee’s rights and obligations under this Licence may be amended or modified from time to time and at any time. If any such amendment or modification is material, We will post notice of it on our website or by email to registered users. Your use of the Software following any such amendment or modification shall be deemed your acceptance of such amendment and modification. You agree to review this Agreement.

10. General

Licensee may not assign or otherwise transfer, by operation of law or otherwise, any of its rights under this Agreement without Infinite Lambda’s prior written consent, and any attempted assignment without such consent will be null and of no effect.

This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, communications and understandings with respect to the Software and shall be construed in accordance with the laws of England and Wales, and the competent court shall be the respective competent court of law of the United Kingdom. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining provisions of the Agreement will remain in full force and effect. All notices required or permitted under this Agreement will be in writing and delivered by email as specified below and in each instance will be deemed given upon receipt. All communications will be sent to us via our website https://infinitelambda.com and its contact form.