Grant Of License

ESA grants you a non-exclusive, non-transferable, revocable license to access and use the ESA Analytics application and any Purchased Data, including all associated data, tools, and features (collectively, the "Services"), solely for your personal or internal business purposes during the term of your active subscription.

This license does not permit redistribution or resale of any data or content, except as expressly authorized in the "Resale and Sublicensing of Purchased Data" section of this Agreement.

The Master User is responsible for ensuring that all authorized users under their account also comply with this Agreement. Any rights to resell or sublicense Purchased Data are conditional upon strict compliance with ESA's reporting, revenue-sharing, and downstream-use requirements.

Payment and Subscription

Access to the Application requires payment of a monthly subscription fee. Your access will remain active as long as your subscription is current, fully paid, and you remain in compliance with the terms of this Agreement.

ESA reserves the right to suspend or terminate your access to the Application at any time if:

• Your payment is past due, or
• You violate any provision of this Agreement.

Plan Rights Summary

The table below summarized permitted uses for each subscription tier. Full details are provided in the sections that follow.

Prohibited Activities

You agree that, unless expressly permitted under a separate license (such as a well-level data purchase or Corporate Plan), you will not:

• Attempt to download, extract, or scrape data from the Application by any automated or unauthorized means.
• Redistribute, share, or resell any data, reports, or materials derived from the Application or Services without prior written permission or an active resale license.
• Attempt to reverse-engineer, decompile, or otherwise tamper with the Application.
• Attempt to replicate the design, user interface, features, or functionality of the Application in any manner.

Permitted Uses

You may:

• Take screenshots of the Application for any purpose, including publication, provided that any published screenshots include a visible citation to "Earth Science Agency" as the data source.
• Use such screenshots in derivative works, provided they do not provide access to raw or unlicensed data, or imply ownership of ESA's datasets.
• If you have purchased well-level data, you may download and use that data in accordance with the resale and derivative use terms outlined in the "Well-Level Data Purchases" section of this Agreement.
• If you have a Corporate Plan subscription, you may also download ESA's complete datasets as included in your plan, subject to the redistribution and resale terms in this Agreement.

Well-Level Data Purchases

• Professional Plan and Educational Plan subscribers may purchase access to well-level data on a per-well basis (“Purchased Data”) for $1 per well through features available within the Application.
• Corporate Plan subscribers receive the right to download the complete ESA dataset as part of their subscription.

In all cases:

• This license grants the subscriber a non-transferable right to download, store, and use the data for internal business or personal use while their subscription remains active.
• Redistribution of any ESA data—whether Purchased Data or complete datasets—in raw or substantially unaltered form is strictly prohibited except as expressly permitted under the Resale and Sublicensing terms below.

Resale and Sublicensing of ESA Data

All subscribers—regardless of plan—may redistribute ESA data (including Purchased Data and complete datasets) only under the following conditions:

• Redistribution Fee:
  ESA is entitled to fifty cents ($0.50) per API for any well data that is redistributed, regardless of whether it is sold, licensed, given away for free, or “accidentally” made available for redistribution.
• Reporting:
  Users must maintain accurate records and report all redistribution transactions—including the recipient's contact information and the API numbers of all redistributed wells—on a monthly basis. ESA's share must be remitted within ten (10) business days of each report.
• Payment Method:
  Check payments should be mailed to:Earth Science Agency
  3763 Imperial Street, Unit D
  Frederick, CO 80516
  
• Breach:
  Failure to report redistribution activity or remit ESA's share constitutes a material breach of this Agreement and will result in immediate termination of access, legal action, and liability for monetary damages.

Downstream Use Requirements

Any resale or sublicense must include terms that bind the recipient to restrictions at least as protective of ESA's rights as those in this Agreement.Resellers are responsible for ensuring that all downstream users:

• Use the data solely for internal business or personal use;
• Do not redistribute, resell, or share the data further;
• Do not attempt to extract, repackage, or republish the data in raw or unaltered form.

ESA retains all ownership rights to the data, and resale does not grant the recipient any rights beyond those explicitly conveyed.ESA reserves the right to enforce its rights against any unauthorized user, including downstream recipients.

Derivative Works

Users may create and distribute derivative works (e.g., maps, screenshots, or analytical charts) based on the Purchased Data, provided that:

• The derivative works do not contain raw or substantially unaltered data; and
• and The derivative works do not enable extraction or redistribution of the underlying dataset.

All Purchased Data remains the exclusive intellectual property of ESA and is subject to all restrictions in this Agreement.

Ownership

The Application, including all content, data, and intellectual property rights, remains the exclusive property of ESA. This Agreement does not grant you ownership of the Application or any associated data.

Audit Rights

ESA reserves the right to audit any User or Reseller to ensure compliance with the terms of this Agreement. Such audits may include a review of resale activity, associated revenue, downstream agreements, and record-keeping practices.

• Maintain complete and accurate records of all resale activity, including API numbers, prices, and customer information, for a period of three (3) years;
• Provide access to such records upon ESA's written request;
• Cooperate fully with ESA during any compliance review.

Failure to provide records or cooperate with an audit constitutes a material breach of this Agreement and may result in immediate termination of access and legal enforcement actions.

Termination

ESA reserves the right to suspend or terminate your access to the Application and all related data and services, with or without notice, if you:

• Violate any term of this Agreement, including subscription payment obligations;
• Fail to report resale activity, underreport revenue, or attempt to circumvent ESA's resale or redistribution restrictions;
• Resell Purchased Data without including required downstream use limitations;
• Engage in unauthorized use, sharing, or modification of ESA's data, tools, or platform.

Upon termination, you must immediately cease all use of the Application and any associated data and delete any locally stored copies not permitted under a valid derivative license.

No Warranty

The Application is provided "as is" and "as available" without any warranties of any kind, express or implied. ESA does not guarantee the accuracy, completeness, or reliability of the data or the uninterrupted operation of the Application.

Limitation of Liability

To the maximum extent permitted by law, ESA shall not be liable for any direct, indirect, incidental, or consequential damages arising out of your use or inability to use the Application.

Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Colorado and the United States of America.

Changes to this Agreement

ESA reserves the right to modify this Agreement at any time. We will notify you of any material changes, and your continued use of the Application constitutes your acceptance of the revised terms.

Acknowledgement

By clicking "Purchase," you confirm that you have read and understood this Agreement, and you agree to abide by its terms and conditions.