TERMS FOR USE OF CANADIAN ENERDATA LTD. CGPR AND CANADIAN STORAGE DATA
INTRODUCTION: THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") ARE THE TERMS AND CONDITIONS ON WHICH CANADIAN ENERDATA LTD. ("ENERDATA", "US" or "WE") PERMITS ACCESS TO YOU TO VIEW, AND DOWNLOAD PORTABLE DOCUMENT FILE VERSIONS ("PDF") OF, THE CANADIAN GAS PRICE REPORTER MONTHLY, WEEKLY & DAILY ("CGPR") AND CANADIAN NATURAL GAS STORAGE ("STORAGE") DATA (AS DEFINED BELOW) ON THE WEBSITE, WWW.ENERDATA.COM AND WWW.ENERDATA.CA. PROVIDED THAT YOU AGREE TO THESE TERMS BY ACCEPTING THEM IN THE MANNER REQUIRED BELOW, YOU WILL BE GIVEN ACCESS TO VIEW/DOWNLOAD THE CGPR AND STORAGE DATA ON THE WEBSITES. IF YOU FAIL TO ACCEPT AND ABIDE BY THESE TERMS IN THE MANNER REQUIRED BELOW, YOU WILL NOT BE PERMITTED ACCESS TO THE CGPR AND STORAGE DATA ON THE WEBSITE. PLEASE NOTE THAT YOU MAY PRINT A COPY OF THIS PAGE SO THAT YOU CAN RETAIN A HARD COPY OF IT FOR YOUR RECORDS ONLY.
Please read these Terms carefully. We may change these Terms at any time and it is your responsibility to check for any changes.
1. CGPR and Storage Data: For the purpose of these Terms, "CGPR and Storage Data" shall mean all information and data pertaining to natural gas prices and price indices and Canadian natural gas storage volumes and capacity displayed on the Enerdata Website and contained in the CGPR and Storage PDFs and E-Mails, including, without limitation, high-low prices, settlement prices, average and weighted average prices, estimated and actual storage volume and capacity data, contract specifications and trade data. CGPR and Storage Data also includes information, data and materials that are derived from the foregoing and that convey information to a viewer that is substantially equivalent to the above.
2. Property in CGPR and Storage Data: You acknowledge and agree that all title and
intellectual property rights in the CGPR and Storage Data belongs to Enerdata except
for data in CGPR supplied by external sources as noted, including, but not limited to
the "Proprietary Data" of Natural Gas Exchange Inc. ("NGX") and its affiliates referred
to below. You acknowledge and agree that all right, title and interest in the
Proprietary Data, including any intellectual property rights therein, is the sole
property of NGX. You further acknowledge that no title or rights in the Proprietary
Data are transferred to You pursuant to these Terms or your access to the CGPR and
Storage Data, other than as specifically set out in these Terms. Enerdata represents
that it has a license with NGX to publish in CGPR and display on its Website the
Proprietary Data: All of the data including Volume (MMcf and GJ), Number of Transactions and the Low, High and Average prices, expressed in $/GJ, $/Mcf, and US$/MMBtu or any substitution therefore and all other indices that are generated from these prices as displayed on the Website and reported in the CGPR for: Page 2 - NGX AB-NIT Same Day Index Table and Indices (formerly Daily Spot Gas Price at AECO C & Nova Inventory Transfer Table)
NGX AB-NIT Same Day Index (1A)
NGX AB-NIT Same Day Index (2A)
NGX AB-NIT Same Day Index (3A)
NGX AB-NIT Same Day Index (4A)
NGX AB-NIT Same Day Index (5A)
Page 3 - Canadian Natural Gas Supply Prices Table and Indices
NGX AB-NIT Month Ahead Index (7A) (formerly AECO "C" & N.I.T. One Month Spot)
NGX AB-NIT Bidweek Index (formerly AECO "C" & N.I.T. "Bid-Week" Spot)
Page 11 - Monthly Canadian and U.S. Natural gas price summary Table and Indices
NGX AB-NIT Month Ahead Index (7A) (formerly Alberta Spot Price - AECO C/N.I.T. (7A))
NGX AB-NIT Bidweek Index (formerly Alberta Bidweek Spot Price - AECO C/N.I.T. (7A1))
NGX AB-NIT Same Day Index (2A) (formerly Alberta Daily Spot Price - AECO C/N.I.T. - 2A)
NGX AB-NIT Same Day Index (4A) (formerly Alberta Daily Spot Price - AECO C/N.I.T. - 4A)
NGX AB-NIT Same Day Index (5A) (formerly Alberta Daily Spot Price - AECO C/N.I.T. - 5A)
Page 15 - NGX Spectra Station #2 Day Ahead Index Table (formerly NGX Station #2 Daily Spot Price Index)
NGX AB-NIT Day Ahead Index Table (formerly NGX Alberta Next Day Price Index
NGX Union-Dawn Day Ahead Index Table (formerly NGX Union Dawn Daily Spot Price Index)
NGX AB-NIT/TCPL-Empress Transport Day Ahead Index Table (formerly NGX Empress Transport Spot Day Price Index)
3. Confidential Information: You acknowledge and accept that CGPR and Storage Data constitutes valuable confidential information and/or trade secrets of Enerdata and NGX which are not currently within the public domain, and consequently you shall ensure that no third party is provided with access to the CGPR and Storage Data without Enerdata/NGX prior written consent.
4. Use of the CGPR and Storage and Proprietary Data: You acknowledge that the CGPR and Storage Data and Proprietary Data is copyrighted by Enerdata and NGX respectively and is not to be copied, marketed, sold or redistributed in whole or in part for any purpose or by any means, including without limitation by photocopy or electronic dissemination, that are not in compliance with the Terms. You agree that you will not communicate or otherwise furnish, or permit to be communicated or otherwise furnished, CGPR and Storage Data and Proprietary Data, in any format and via any method, to any other person other than as specifically set out in these Terms. You agree that you will not use the CGPR and Storage Data and Proprietary Data or any information or data contained therein in connection with the creation, marketing, trading, clearing or settlement of any commodities contract in an organized market. The rights of use of the CGPR and Storage Data and Proprietary Data set out above are subject to all of the limitations set forth in these Terms. We reserve the right in our absolute discretion to monitor, suspend, revoke, or otherwise limit access to the CGPR and Storage Data and Proprietary Data by you at any time. You agree not to use the CGPR and Storage Data and Proprietary Data in any way that will violate or infringe any laws or regulations of any jurisdiction or the rights of any person, and you agree to indemnify us and hold us harmless against all claims, liabilities, losses, damages, costs and expenses incurred or suffered by us by reason of any breach of such responsibilities.
5. No Representation or Warranty: Your access and use of the CGPR and Storage Data and Proprietary Data is at your own risk. The CGPR and Storage Data and Proprietary Data is provided by us for information purposes only and is subject to change without notice. We shall have no responsibility for ensuring that this website and the CGPR and Storage Data and Proprietary Data is kept up to date. Neither Enerdata and NGX nor any of their respective affiliates, members, directors, officers, employees or agents, guarantees the accuracy, reliability or completeness of any CGPR and Storage Data and Proprietary Data, nor shall any of them be liable to you, any other individual, or any entity for any delays, inaccuracies, errors or omissions in any CGPR and Storage Data and Proprietary Data, or in the transmission thereof, or for any other damages arising in connection with your receipt or use of CGPR and Storage Data and Proprietary Data. We reserve the right in our absolute discretion to add to or remove any CGPR and Storage Data and Proprietary Data from this website or to amend, alter, redesign or change any CGPR and Storage Data and Proprietary Data at any time and without notice or liability. We may also suspend your access to any Ice Market Data at any time, without notice or liability.
You understand and agree that Enerdata has licensed some of the rights granted to you by this agreement from NGX and that NGX is a third party beneficiary of this agreement.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BOTH ENERDATA AND NGX MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CGPR AND STORAGE DATA AND PROPRIETARY DATA, OR THE TRANSMISSION, TIMELINESS, ACCURACY OR COMPLETENESS THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND IN RESPECT OF THE CGPR AND STORAGE DATA AND PROPRIETARY DATA ARE HEREBY EXCLUDED.
6. Liability: To the fullest extent permitted by law, Enerdata and NGX exclude all liability for any direct or indirect losses, damages, costs or expenses incurred or suffered by you or any other party arising out of or in connection with the access to, use of or reliance on the CGPR and Storage Data and Proprietary Data whether through negligence, tort, breach of contract or otherwise and howsoever arising. In no circumstances shall we have any liability for consequential or special damages.
7. Scraping: The scraping of this website for the purpose of extracting data automatically from this website is strictly prohibited and it should be noted that this process could result in damage to the website and Enerdata resources. Enerdata (or its affiliates, agents or contractors) may monitor usage of this website for scraping and may take all necessary actions to ensure that access to this website is removed from entities carrying out or reasonably believed to be carrying out web scraping activities.
8. General: These Terms shall be governed by Canadian law and the courts of Canada shall have exclusive jurisdiction in relation to any disputes arising from them or your use of the CGPR and Storage Data and Proprietary Data. The invalidity or unenforceability of any part of the Terms shall not affect, impair or invalidate the remainder of the Terms.