1. Analytical Services and Results. Rimrock Analytical will use commercially reasonable efforts to provide the Analytical Services using samples taken by Rimrock Analytical or provided by Customer and will provide the results of such testing (“Results”) to Customer, all as set forth in each Order issued under the Agreement. Any changes to any Analytical Services or Results under any Order will be set forth in a written change order describing the changes (and any resultant changes to the Fees applicable to the Analytical Services and Results) agreed to by both parties. Unless otherwise agreed to by the parties in a written change order, any services not set forth in an Order requested by Customer and performed by Rimrock Analytical will be provided on a time and materials basis at Rimrock Analytical’s then-current rates.
2. Payment. Customer will pay the Fees set forth in each Order when due. If an Order does not state any Fees, Customer agrees to pay Rimrock Analytical for the Analytical Services and Results under that Order on a time and materials basis at Rimrock Analytical’s then-current rates. Unless otherwise stated in an applicable Order, Rimrock Analytical will invoice Customer for all Fees incurred at the time each Order is placed.
3. License. Subject to payment of all applicable Fees when due, Rimrock Analytical grants to Customer a limited, personal, non-transferable, non-sublicensable, and non-exclusive license to access and use the Results provided to Customer by Rimrock Analytical under the Agreement solely for its own internal business purposes in accordance with the terms of the Agreement. Customer agrees not to: (a) sublicense, lease, sell, rent, loan or otherwise transfer the Results to any third party; (b) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or method of operation of the Results; or (c) otherwise use or copy the Results except as expressly permitted in this Section.
4. Limited Warranty. Rimrock Analytical will use commercially reasonable efforts to perform all Analytical Services under the Agreement. If Rimrock Analytical fails to comply with the previous sentence, Rimrock Analytical will, at its sole discretion and as Customer’s sole remedy and Rimrock Analytical’s sole obligation for any such failure: (a) re-perform the Analytical Services in a manner that resolves the alleged failure; or (b) refund any Fees paid by Customer attributable to the Analytical Services that are the subject of the failure.
5. Use of Results. Customer acknowledges that Results only relate to the samples taken and are intended for monitoring and information purposes only. Results are not suitable for regulatory or compliance reporting. Rimrock Analytical accepts no liability for sample traceability, sample quality, or sample representation fitness. Rimrock Analytical’s testing methods have been optimized to detect the specific targets requested by the Customer and accurately describe those targets in the large majority of cases. Relevant quality assurance and quality control standards are followed to ensure process repeatability and functionality. However, Rimrock Analytical accepts no liability or responsibility and makes no warranties, expressed or implied, as to the accuracy or completeness of any Results. Customer is solely responsible for and assumes all risk associated with its use of the Results.
6. Promotions. By participating in a promotion, the participant agrees to the terms and conditions of the Promotion. The participant can only participate in the promotion during the promotion period and only in the manner described by Rimrock analytical in the terms and conditions of the Promotion. If the participant submits their entry late, early, in a way other than the prescribed manner, or otherwise incomplete, they shall be excluded from participation without further notice. Promotions will run from the advertised start date and will end at the advertised end date or earlier, with or without notice. Benefits from Promotion activities will be rewarded at the specified time, frequency and type as described in the Promotion. Rimrock Analytical will not be responsible for misuse of Promotion or any associated taxes, fees or dues associated with the distribution of rewards.
