End User License Agreement :

THE NEXT SEQUENCE SYSTEM & WEBSITE

NOTICE TO USER:  THIS IS A CONTRACT.  PLEASE READ IT CAREFULLY.  BY CLICKING ON THE "I ACCEPT” BUTTON BELOW, YOU INDICATE YOUR ACCEPTANCE, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR COMPANY AS ITS AUTHORIZED REPRESENTATIVE, OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN YOU MAY NOT PROCEED FURTHER.

This End User License Agreement ("Agreement") by and between NEXT, LLC ("Licensor"), and the individual or entity (“Licensee”) accessing and using NEXT's Monitoring and Management online system (the "NEXT Sequence System"), including but not limited to access provided at "nextnpdes.com" ("Website"),  is effective as of the first date of Licensee accessing the Website owned and operated by Licensor.  This Agreement is offered to Licensee conditioned on acceptance by Licensee without modification of this Agreement and supercedes all other agreements that Licensee may have accepted on the Website.  Licensee hereby agrees to be bound by and to comply with all of the terms and conditions, covenants and obligations contained herein.

1.      Limited License.

Licensor grants to Licensee a revocable, limited, nonexclusive, non-transferable, non-distributable right to use and access the Next System for internal use consistent with the terms of Licensor's prior written agreement permitting the same.

2.      Restrictions.

Except as set forth in Section 1, Licensee shall not duplicate any part of the Next System in any medium, format, or language without prior written authorization from Licensor.  Licensee shall not distribute any additional copies or copies of portions of the Next Sequence System to others, except such resulting reports and communications for Licensee's contemplated use of the system pursuant to the authorized written agreement of Licensor.  Licensee shall not modify the interfaces or create any derivative works based upon the Next Sequence System nor permit any third parties to do the same.  Licensee shall only access those areas of the system expressly permitted by Licensor, and shall not share any password information or provide any unauthorized access to the system to any third party.  

3.      Reservation of Rights.

The Next Sequence System and all material provided on or by Licensor’s Website is protected by law, including, but not limited to, United States Copyright Law, 17 U.S.C. § 101 et seq., and international treaties, and Licensee agrees that it shall obtain no other rights than those expressly granted by Licensor in and to any portion of the Next Sequence System.

4.      Disclaimer of Warranties.

LICENSEE ACKNOWLEDGES AND AGREES THAT ALL CONTENT, MATERIALS AND SERVICES IN LICENSOR’S WEBSITE, THE NEXT SEQUENCE SYSTEM AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND, TO THE FULLEST EXTENT ALLOWED BY LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE AND/OR THE CONTENT CONTAINED HEREIN.  THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY MADE TO THE INFORMATION THEREIN.  LICENSOR MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, INCLUDING CHANGES TO THESE TERMS AND CONDITIONS.

5.      Limitation of Liabilities.

LICENSEE AGREES THAT UNDER NO CIRCUMSTANCES, including, but not limited to, negligence, shall LICENSOR or ITS affiliates be liable for any direct, indirect, incidental, special or consequential damages, REGARDLESS OF WHETHER FORESEEABLE, that result from the use of, or the inability to use, the content.  LICENSEE FURTHER AGREES THAT LICENSOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, NEGLIGENT OR ILLEGAL CONDUCT OF THIRD PARTIES OR LICENSEE.

6.      Indemnification.

Licensee shall indemnify, hold harmless and defend Licensor, its directors, officers, employees, and agents from and against any and all claims, liabilities, expenses (including reasonable attorneys' fees) and damages arising out of Licensee’s use of the Next Sequence System other than in accordance with the terms of this Agreement.

7.      Notices.

All notices pertaining to this Agreement shall be in writing and transmitted either by personal hand delivery or through the United States Post Office.

8.      Governing Law. 

This Agreement shall be governed by and construed in all respects in accordance with the laws of the State of Georgia, without regard to its conflicts of laws principles. 

9.      Severability. 

If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the balance of this Agreement shall remain in full force and effect. 

10.  Entire Agreement. 

This Agreement constitutes the entire understanding and agreement, and supersedes all other agreements with respect to its subject matter.