Sygration Dashboard Order Form

Order Form – Sygration Dashboard

Please e-mail, mail or fax your order form to the address below: Mail: SYGRATION INC. 6457 Longspur Road Mississauga, ON L5N6E4 FAX: 206-260-8267 Email: [email protected]

Company Information: Company Name Address

City, Prov/State Postal Code

Billing / Primary Contact Information: Name Position/Department Phone Number Email

Pricing Information: 5 Users: $5453 annually or $507/month 10 Users: $8603 annually or $792/month

Branding: Additional 20% (Optional)

User Accounts: _ 5 Users __ 10 Users __ Other1 Billing Period: _ Monthly 2 __ Annual Optional Branding: __ Replace Sygration Logo with another (20% additional cost) Specify Logo:

Order Costs Account License Branding Option (20% of above if required) Subtotal 3 GST/HST (Registration # 876203324RT0001) Total

1 Orders for license quantities between or beyond base prices are permitted. The cost is the lower nearest base license, multiplied by the ratio of total required users divided by the base license users. Example, for 6 users the cost is $5453 x 6/5 = $6544 2 Monthly subscriptions available to customers that are not subscribers to the NRG Matters Peak Advisory Notification Service. 3 GST/HST rates are based on new Place of Supply rules. HST 13% in ON, NB, NL. HST 14% in PEI. HST 15% in NS. GST 5% in all other provinces. Additional Place of Supply Rules may apply as covered in CR Technical Bulletin B-103. User Account Information:

# Name Email Desired Username * Phone Number

* Account names should be lower-case. If a user already has an account, please use it or indicate that it is to be replaced by the new account name.

Terms of Use and Liability

BY USING THE SYGRATION INC. (SYGRATION) DASHBOARD SERVICE YOU AGREE TO THE FOLLOWING TERMS:

THE SERVICE IS LICENSED TO ORGANIZATIONS BY GRANTING MULTIPLE INDIVIDUAL ACCOUNTS TO USERS (PERSONS) OR ROLES (ONE OR MORE PERSONS ASSIGNED TO A FUNCTION). MORE THAN ONE PERSON MAY SHARE AN INDIVIDUAL ACCOUNT, HOWEVER, SECURITY MEASURES WILL PREVENT IT FROM BEING ACCESSED AT THE SAME TIME ON DIFFERENT MACHINES. INDIVIDUAL ACCOUNTS ARE INTENDED FOR USE BY THAT ORGANIZATION’S STAFF AND ARE NOT TO BE SHARED WITH OTHER ORGANIZATIONS OR INDIVIDUALS THAT ARE OUTSIDE OF THE CONTROL OF THAT LICENSED ORGANIZATION. ACCESS TO THE DASHBOARD SERVER DATA FEEDS MUST BE VIA THE DASHBOARD CLIENT AS PROVIDED. YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE OR PART THEREOF.

SYGRATION IS ENTIRELY DEPENDENT ON OUTSIDE SOURCES TO SUPPLY MARKET AND WEATHER DATA AND CANNOT BE RESPONSIBLE FOR THE CONTENT OR TIMELINESS OF DATA PROVIDED THROUGH THIS SERVICE. THE INFORMATION PRESENTED IS PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. SYGRATION DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, NO ENCUMBRANCES, AND NO LIENS, (2) WARRANTIES OF ACCURACY REGARDING THE DATA, REPORTS AND INFORMATION PROVIDED WITHIN, (3) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. SYGRATION MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.

IN NO EVENT SHALL SYGRATION BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SYGRATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ALL OTHER CIRCUMSTANCES SYGRATION’S TOTAL AGGREGATE LIABILITY TO YOU, OR ANY THIRD PARTY, HOWEVER ARRISING, SHALL BE LIMITED TO CDN $10.00.

Intellectual Property Rights

ALL DATA PROVIDED ON THE MARKET DASHBOARD IS SOURCED FROM PUBLICLY AVAILABLE DATA SOURCES. NO PARTICIPANT-CONFIDENTIAL DATA IS PROVIDED. SYGRATION WARRANTS AND WILL TAKE REASONABLE EFFORTS TO ENSURE THAT THE SOFTWARE AND HARDWARE COMPONENTS USED WITHIN, THE SOURCE MARKET DATA, AND THE INFORMATION PROVIDED BY THE SERVICE DOES NOT INFRINGE ON ANY COPYRIGHT, TRADEMARK, TRADE SECRET, OR SIMILAR RIGHT OF ANY THIRD-PARTY.

IESO MARKET DATA IS REPRODUCED UNDER THEIR GENERAL TERMS OF THE USE, WHICH REQUIRES THE FOLLOWING STATEMENT.

"(THAT DATA IS) COPYRIGHT © INDEPENDENT ELECTRICITY SYSTEM OPERATOR, ALL RIGHTS RESERVED. THIS INFORMATION IS SUBJECT TO THE GENERAL TERMS OF USE SET OUT IN THE IESO'S WEBSITE (http://www.ieso.ca/terms-of-use.htm)"

Subscription Cancellation

IF YOU NO LONGER REQUIRE THE USE OF THE SYGRATION DASHBOARD OR YOU ARE NOT COMPLETELY SATISFIED WITH IT OR THE QUALITY OF SERVICE PROVIDED BY SYGRATION, YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME WITHOUT PENALTY. PLEASE PROVIDE NOTICE OF CANCELLATION BY EMAIL OR FAX TO SYGRATION AND YOU WILL BE REFUNDED FOR THE REMAINING SUBSCRIPTION PERIOD. SUBSCRIBERS OF THE PEAK ADVISORY NOTIFICATION SERVICE (PANS) MAY CANCEL THEIR DASHBOARD SUBSCRIPTION AT ANY TIME, HOWEVER, THE REFUND WILL BE PRO-RATED BASED ON THE NUMBER OF PEAK HOURS THAT HAVE OCCURRED WITH RESPECT TO THOSE PEAKS THAT ARE REMAINING, AS ESTABLISHED AND REPORTED BY THE IESO FOR THE GLOBAL ADJUSTMENT ALLOCATION PROGRAM AT THE END OF THE BASE PERIOD. IN ADDITION, THE TERMS AND CONDITIONS OF THE PANS SERVICE REQUIRES THE CLIENT TO HAVE A SUBSCRIPTION TO THE DASHBOARD SERVICE CONCURRENT WITH THAT SERVICE.