Version 24 September 2026
These Screening Results Terms are issued by Pallarium, a prototype service run before incorporation by its founder (the "Company"). They are supplemental terms within the meaning of the Master Terms of Service and form part of the Agreement between the Company and the Customer. Section 3.9 (Operation before incorporation) of the Master Terms of Service applies to these Screening Results Terms, and every reference in them to the Company is to be read accordingly.
THESE SCREENING RESULTS TERMS CONTAIN A PROHIBITION ON RELIANCE (SECTION 7), AN EXCLUSION OF HAZARDS AND SAFETY-CRITICAL USE (SECTION 8), A DISCLAIMER OF WARRANTIES (SECTION 14), AN EXCLUSION AND LIMITATION OF LIABILITY (SECTION 15), AND A RELEASE AND AN INDEMNITY GIVEN BY THE CUSTOMER THAT EXTEND TO LOSSES CAUSED BY THE SOLE, JOINT OR CONCURRENT NEGLIGENCE OF THE COMPANY PARTIES (SECTION 16). NO OUTPUT IS A DESIGN, A PROFESSIONAL SERVICE, A SAFETY, HAZARD OR EXPOSURE ASSESSMENT, A QUOTATION OR A RECOMMENDATION TO CARRY OUT ANY OPERATION.
1.1 Definitions. Capitalised terms used but not defined in these Screening Results Terms have the meanings given to them in the Master Terms of Service. In addition:
(a) "Batch Output" means any Output generated from a Loaded File or other data set describing more than one Well, including any ranking, table, summary, export, comma-separated file, text file or batch Request for Quotation.
(b) "Cost Figure" means any figure expressed in, or derived from, an amount of money that is displayed, computed or included in an Output, including installed capital, equipment cost, intervention cost, operating cost, energy cost, cost of ownership over any period, lift cost per barrel, cost attributed to formation damage, value attributed to a production increase or to a lateral, payback period, any score or verdict derived from any of them, any energy price or exchange rate, and any range, band, total or comparison of any of the foregoing.
(c) "Default Value" means any value applied by the Service to a parameter that has not been entered or confirmed by an Authorised User, including any value pre-populated by the Service, taken from the Well Library or assumed by the Service in the absence of Input Data.
(d) "Field Operation" means any physical activity performed on, in, at or in connection with a Well, a wellsite, a facility or any equipment, including drilling, sidetracking, completion, recompletion, perforation, stimulation, acidising, hydraulic fracturing, injection, workover, intervention, well servicing, the installation, operation, modification or removal of equipment, production, testing, plugging and abandonment.
(e) "Governmental Authority" means any supranational, national, federal, state, provincial, regional, municipal or local government, regulator, licensing board, court, tribunal or other authority, and any agency, department or instrumentality of any of them.
(f) "Hazard" means any condition, substance, energy or event capable of causing death, personal injury, illness, damage to property, damage to the environment, loss of well control or loss of containment, including each of the matters listed in Section 8.2.
(g) "Legend" means any statement, qualification, notice, basis note or marking that the Service places on or in an Output or a Document concerning its nature, status, basis or limitations, including the statements set out in the Schedule.
(h) "Master Terms of Service" or "Terms" means the master terms of service issued by the Company and accepted by the Customer, as amended from time to time.
(i) "Qualified Person" means an individual who (A) where Applicable Law requires the relevant evaluation, design, specification, approval, certification or supervision to be performed by the holder of a professional licence or registration, holds that licence or registration, current and in good standing, in the relevant jurisdiction and discipline; and (B) in every other case, is authorised under Applicable Law and professionally competent to perform the relevant work for the Well Operator; in each case acting independently of the Company Parties.
(j) "Recipient" means any person, other than the Customer, to whom an Output or a Document is sent, shown or made available by or through the Customer or any Authorised User, including any Supplier, Well Operator, co-venturer, partner, contractor, employer, client, investor, lender, insurer, auditor, adviser and Governmental Authority.
(k) "Result Label" means any word, phrase, symbol, colour, score, rank, order, status or other indicator, however worded and wherever displayed or printed, by which the Service characterises, compares or qualifies a method, option, treatment, equipment item, size, material, practice, substance, Supplier, criterion or Output, including any indication of rank, order, preference, selection, feasibility, suitability, exclusion, pass or failure, requirement or non-requirement, presence, absence or concentration, size, rating, count or specification, and any description of a Supplier or of a Listing (as defined in the Supplier Directory Terms).
(l) "Screening Criterion" means any threshold, envelope, range, rule, weighting, score, correlation, equation, table or other criterion applied by the Service to produce an Output, whether derived from Third-Party Data or established by the Company.
(m) "Standards Reference" means any reference in an Output or a Document to a standard, recommended practice, specification, code, bulletin, regulation, guidance note or other document issued by a standards body, industry association, manufacturer, publisher or Governmental Authority.
(n) "Well Operator" means the person that holds the operatorship of, or bears legal responsibility for operations on, a Well under Applicable Law or contract.
1.2 Interpretation. Section 1.2 (Interpretation) of the Terms applies to these Screening Results Terms. A reference to an Output includes every part of it, every Document containing it, every Saved Calculation reproducing it and every copy, extract, translation or modification of it.
2.1 Application. These Screening Results Terms apply to every Output, every Document and every Saved Calculation, whenever and however generated, stored, retrieved, displayed, downloaded, printed, copied or transmitted; to every Calculator and every function of the Service; to every access to the Service, with or without an Account; to every Plan, Free Calculation, Evaluation Access, Prototype and Non-Public Environment; and to every Authorised User and every Tester.
2.2 Precedence. In the event of conflict or inconsistency between these Screening Results Terms and any other part of the Agreement concerning the nature of an Output, reliance on an Output, Hazards, Cost Figures, Documents, Saved Calculations or any liability, release or indemnity arising from any of them, these Screening Results Terms prevail, save only (a) as to the processing of Personal Data, which is governed by the Data Processing Addendum and the Privacy Policy in the order of precedence set out in Section 2.3 (Order of precedence) of the Terms; (b) as to Sanctions and Export Control Laws, where the Sanctions and Export Compliance Policy issued by the Company prevails; and (c) as to the resolution of disputes, where Sections 34 to 37 of the Terms prevail.
2.3 Cumulative protection. Each disclaimer, exclusion, limitation, release and indemnity in these Screening Results Terms is in addition to, and does not limit, any disclaimer, exclusion, limitation, release or indemnity in any other part of the Agreement. Where two provisions of the Agreement confer protection on the Company Parties in respect of the same matter, each applies to the fullest extent of its terms.
3.1 Business capacity. The Customer represents and warrants, on each occasion it or any Authorised User accesses the Service, that it acts in the course of its trade, business or profession and not as a consumer, and that each Authorised User is at least eighteen years of age and is authorised to bind the Customer.
3.2 Authorised Users. The Customer is responsible for every act and omission of every Authorised User and of every person who obtains an Output or a Document from or through the Customer, as if it were the Customer's own.
3.3 Mandatory rights. Nothing in these Screening Results Terms excludes a right that cannot be excluded under Applicable Law. Where such a right applies, the provision concerned applies to the fullest extent permitted.
4.1 Screening tool. The Service is a screening tool. It applies generalised Screening Criteria, Third-Party Data and the Company's own estimates and assumptions, by automated computation, to Input Data, Default Values and Well Library entries, in order to generate preliminary, comparative and indicative Outputs.
4.2 Generic character. Every Output is generic. No Output is based on any inspection, measurement, sampling, testing, survey, simulation, audit or review of any Well, reservoir, wellsite, facility, equipment item or Supplier. Every Output is generated without knowledge of the actual condition, history, integrity, completion, geology, fluids, pressures, temperatures, surface facilities, power supply, regulatory status, contractual position or operating constraints of any Well.
4.3 What an Output is not. No Output is, and no Output shall be treated, described or relied upon as:
(a) a design, conceptual design, plan, drawing, calculation, specification or bill of materials for construction, procurement, installation, operation or modification of any work, system, facility, process or equipment;
(b) a consultation, investigation, evaluation, analysis, study, opinion, report, certificate, inspection, attestation or testimony of a professional nature, or any other professional service;
(c) an analysis of record of inflow performance, productivity, multiphase flow, nodal performance, reservoir behaviour, geomechanics, fracture geometry, rod-string loading or power, tubing or casing loading, cementing, well integrity, electrical systems, structures, metallurgy, corrosion, erosion or materials; where an Output displays any computation of such a matter, that computation is a screening-level approximation subject to these Screening Results Terms;
(d) an estimate of reserves, resources, recoverable volumes, recovery factors or future production for the purposes of any classification system, securities regulation, stock exchange rule, accounting standard, financing arrangement, government filing or contract;
(e) a valuation, appraisal, fairness opinion, investment recommendation, financial, tax, accounting, legal, insurance, environmental or regulatory advice;
(f) a quotation, offer, bid, tender, price, price list, price guidance or commitment of the Company or of any Supplier;
(g) a recommendation, instruction, approval or authorisation to procure, install, operate, modify or remove any equipment, to perform, defer or refrain from any Field Operation, or to enter into any contract; or
(h) a representation that any method, equipment item, size, treatment, intervention, lateral or recovery process is feasible, safe, lawful, economic, compatible or suitable for any Well.
4.4 Calculators. Without limiting Section 4.3:
(a) Artificial lift. The ranking of lift methods, every feasibility indication, every equipment category, size, rating, count and quantity, every cost of ownership and every specification line generated by the artificial-lift Calculator are screening indications only. They do not establish that any equipment will fit, deliver any rate or head, withstand any load, temperature, gas fraction, solids content, deviation or fluid, or achieve any run life, whether or not the Service takes any such factor into account in simplified form. Every figure of inflow, rate, head, power, load or pressure that the Calculator displays is a screening-level approximation.
(b) Stimulation. Every indication of formation damage, of the cost attributed to it, of a treatment route, of a treatment fluid or acid system, of a fracturing route and of the value of removing damage is a screening indication only. It is not a treatment design, a fracture design, a fluid-compatibility assessment, a laboratory result, a pumping schedule or a prediction of production response.
(c) Sidetrack. Every indication of the productivity, length, value or cost of a lateral or sidetrack is a screening indication only. It is not a well plan, a trajectory, a drilling or completion programme, an anti-collision assessment or a prediction of production.
(d) Improved recovery. Every verdict of a recovery method against a Screening Criterion is a screening indication only. It is not a feasibility study, a pilot design, a reservoir simulation, a laboratory result or a statement of incremental recovery.
(e) Supplier Directory. The Supplier Directory and every association of a Supplier with an equipment category or an Output are governed additionally by the Supplier Directory Terms.
(f) Batch Outputs. The reading of a Loaded File, the matching of its columns to parameters, the assumption or selection of units and reference conditions, the treatment of periods, the grouping of rows into Wells and the omission of rows or Wells are performed by automated means and may be wrong. The Customer shall verify every such step before using any Batch Output.
(g) Units and reference conditions. Every conversion of units, every standard or reference condition applied to a volume and every derived quantity is indicative. The Customer is solely responsible for the units and reference conditions of its Input Data.
4.5 Default Values. The Service may generate any Output wholly or partly on the basis of Default Values, Well Library entries or assumptions, whether or not the Output identifies them. An Output that depends on a Default Value is subject to every qualification in these Screening Results Terms and, in addition, to the qualification that it does not describe any Well.
4.6 No validation of Input Data. The Company does not undertake to detect Input Data that is erroneous, incomplete, inconsistent, outside the range of validity of any Screening Criterion, or physically impossible. The absence of a warning, flag or Result Label does not indicate that any Input Data or Output is valid.
5.1 No professional services. The Company does not practise, offer or provide, and does not hold itself out as practising, offering or providing, in any jurisdiction, any profession or occupation that is subject to licensing or registration under Applicable Law, or any service that Applicable Law reserves to the holders of a professional licence or registration. No Output is prepared, reviewed, signed, sealed, stamped, certified or approved by a Qualified Person on behalf of the Company Parties, and no Output shall be represented as having been so prepared, reviewed, signed, sealed, stamped, certified or approved.
5.2 No professional relationship. The Agreement does not create any professional, advisory, consulting, agency, partnership, joint venture or fiduciary relationship. The Company Parties owe the Customer no duty of care in respect of any Output other than the duties expressly set out in the Agreement.
5.3 Communications. Every demonstration, presentation, exhibition, conversation, message, support response, frequently asked question, brochure, slide, video, publication and other communication made by or on behalf of any Company Party, whether before or after the Customer's acceptance of the Terms, is general information only. No such communication constitutes advice, creates any warranty, amends the Agreement or may be relied upon.
5.4 Non-reliance. The Customer acknowledges that in accepting the Terms and in using any Output it has not relied on any statement, representation, assurance, promise or warranty of any Company Party that is not expressly set out in the Agreement, and waives every right and remedy in respect of any such statement, save in respect of fraud.
5.5 No holding out by the Customer. The Customer shall not, and shall procure that no Authorised User or Recipient shall:
(a) describe the Company, the Service or any Output by any word, title, designation, abbreviation, symbol, slogan or sign that is reserved by Applicable Law to the holders of a professional licence or registration, or that states, suggests or is likely to create the impression that any Company Party is qualified, licensed, registered or authorised to practise any licensed profession, or that any Output has been prepared, reviewed or approved by the holder of a professional licence or registration;
(b) submit, file or present any Output or Document to any Governmental Authority, court, arbitral tribunal, lender, insurer, auditor, investor or other person as the work product of the Company Parties or of any Qualified Person, or as a document prepared by or under the supervision of a licensed professional; or
(c) use any Output as, or incorporate any Output into, a document that is signed, sealed or stamped by a Qualified Person, unless that Qualified Person has independently performed and taken professional responsibility for all work necessary for that document in accordance with Applicable Law.
5.6 Result Labels. Every Result Label denotes solely the relative position or status of an option within the automated screening logic of the Service, for the Input Data, Default Values and Well Library entries used, at the time of computation. In particular, however the Result Label is worded:
(a) any indication that an option is ranked, placed, preferred or selected first denotes only the highest automated score among the options screened, and does not constitute a recommendation within the meaning of Section 4.3(g);
(b) any indication that an option is feasible, viable, marginal, open or passes a criterion denotes only that the option was not excluded by the Screening Criteria applied to the values used;
(c) any indication that an option is excluded, closed, unsuitable or fails a criterion, or that no option remains, denotes only that the Screening Criteria applied to the values used excluded it, and does not establish that the option is unsuitable for the Well;
(d) any size, rating, count, quantity or specification denotes an indicative screening parameter and not the result of any design;
(e) any indication concerning the presence, absence or concentration of any substance, the requirement or non-requirement of any material, equipment or practice, or the significance of any value for persons, equipment or the environment, denotes only whether a fixed screening threshold was reached on the values used, and does not establish the presence or absence of any Hazard, the safety of any concentration or atmosphere for any person, or the suitability of any material, equipment or practice; and
(f) any description of a Supplier or of a Listing that refers to a comparison with material publicly attributed to that Supplier denotes a Check within the meaning of the Supplier Directory Terms, and nothing else.
5.7 Trade-control characterisation. Any treatment of the Service, of any Output or of any Document by the Company, for the purpose of compliance with Sanctions or Export Control Laws, as falling within a category of services, software or technology named in any such law is a precaution adopted without admission. It does not characterise the Service, any Output or the activity of any Company Party for any other purpose, including under any law governing the practice of any licensed profession, and it is not a holding out of any kind.
6.1 Input Data. The Customer is solely responsible for all Input Data, including its accuracy, completeness, currency, units, reference conditions, provenance and the Customer's right to use it. The Customer represents and warrants that it holds every licence, consent and permission required to enter, load, store and use all Input Data in the Service, and that doing so does not breach any obligation owed by the Customer or any Authorised User to any person.
6.2 Well Library. Every Well Library entry is a representative description compiled from Third-Party Data and the Company's own estimates. No Well Library entry is a measurement of, or purports to describe, any particular well, completion, reservoir, operator's practice or asset. The Company does not warrant that any Well Library entry is accurate, current or representative of any field, basin or play.
6.3 Third-Party Data. Third-Party Data is used as published, as transcribed or as derived by the Company, and is subject to the terms of the person from whom it originates. The Company Parties make no representation or warranty as to the accuracy, completeness, currency, applicability or lawful use of any Third-Party Data or of its transcription or derivation, and accept no liability for any error or omission in it. Attribution of Third-Party Data is given on the Sources Page.
6.4 Loaded Files. The Customer is solely responsible for every Loaded File, for its right to use it, for the selection of units and reference conditions requested by the Service, and for verifying every value read from it.
7.1 Prohibited reliance. The Customer shall not use or rely upon, and shall procure that no Authorised User or Recipient uses or relies upon, any Output as the basis, whether sole, principal or partial, for:
(a) the design, selection, specification, sizing, procurement, fabrication, installation, operation, modification or removal of any equipment or system;
(b) the planning, authorisation or performance of any Field Operation;
(c) well control, well integrity, pressure containment, barrier management or emergency response;
(d) any decision concerning health, safety, security or the environment, including hazard identification, risk assessment, exposure assessment, material selection for sour or corrosive service and the protection of persons;
(e) any application, report, notice, filing, declaration or submission to any Governmental Authority, including any permit application, regulatory report, reserves disclosure or securities filing;
(f) any investment, acquisition, divestment, farm-in, farm-out, financing, lending, valuation, impairment, budgeting, authorisation for expenditure, insurance, accounting or tax decision;
(g) any contract, purchase order, tender award or other commitment with any Supplier or any other person; or
(h) any expert evidence, testimony, claim, defence or submission in any dispute or proceeding.
7.2 Independent verification. Before any Output, or any matter to which an Output relates, is used in connection with any purpose listed in Section 7.1, the Customer shall procure that the matter is independently evaluated, designed, verified and approved on the basis of site-specific data, in accordance with Applicable Law and good oilfield practice, by one or more Qualified Persons acting for the Well Operator, each of whom exercises independent professional judgment and does not rely on any Company Party.
7.3 Allocation of responsibility. As between the Company Parties and the Customer, the Customer, the Well Operator and the Qualified Persons engaged by either of them bear sole and exclusive responsibility for every decision, Field Operation, design, selection, procurement, installation, operation and Operation undertaken in connection with any Well, and for all of their consequences, whether or not any Output was used.
7.4 Opinions only. Every Output is an automated inference from generalised criteria, published relationships and assumptions that are not infallible, that may involve estimates and judgments, and on which competent specialists may differ. Outputs are a supplement to, and not a substitute for, the knowledge, experience, skill and judgment of Qualified Persons. The Customer takes full responsibility for any reliance on any Output.
7.5 Assumption of risk. The Customer assumes all risk of errors, omissions, inaccuracies and inconsistencies in every Output, and all risk arising from any use of any Output, including in any investment, acquisition, development, production, procurement or financial decision.
8.1 No hazard assessment. The Service does not identify, assess, evaluate, rank, control or mitigate any Hazard. It performs no hazard identification, hazard and operability study, risk assessment, exposure assessment, process-safety review, well-control assessment or occupational safety assessment, and no Output shall be treated as any of them.
8.2 Excluded Hazards. Without limiting Section 8.1, the Company Parties accept no responsibility for any Hazard arising from or relating to: hydrogen sulphide; carbon dioxide and other toxic, corrosive or asphyxiant gases; flammable or explosive atmospheres; reservoir, wellbore, annular, trapped or surface pressure; temperature; kicks, influxes, blowouts, cratering, wild wells and any other loss of well control or loss of containment; hydrates, wax, asphaltenes and scale; corrosion, erosion, sulphide stress cracking, hydrogen-induced cracking and other material degradation; naturally occurring radioactive material; acids, solvents and other treatment chemicals; sand and solids; high-voltage electrical systems; stored mechanical, hydraulic or pneumatic energy; lifting, rotating and reciprocating equipment; subsidence and induced seismicity; and any release to air, land or water.
8.3 Hydrogen sulphide and material indications. Any indication given by the Service concerning the presence, absence or concentration of hydrogen sulphide, carbon dioxide or any other substance, the significance of any concentration for persons, the service environment, metallurgy, material selection, corrosion or cracking is a screening flag computed against a fixed threshold on the values used. It is not a classification of any service environment under any standard, a determination of the suitability of any material, a hazard identification, an exposure assessment, an occupational health or safety assessment, a contingency plan, or a statement of compliance with any Applicable Law. No such indication states that any concentration, atmosphere, fluid or location is safe for any person, or that any material is suitable for any service. The absence of any flag, and any indication that a threshold was not reached, does not indicate the absence of hydrogen sulphide or of any other Hazard, or the suitability of any material.
8.4 No safety-critical use. The Service shall not be used in any application or environment in which failure, error, delay, interruption or inaccuracy of the Service or of any Output could lead to death, personal injury, illness, damage to property, damage to the environment or loss of well control, including real-time operation, control, monitoring, alarm or shutdown of any Well, equipment or facility.
8.5 Customer's responsibility. The Customer and the Well Operator are solely responsible for compliance with all Applicable Law, permits, standards, codes and good oilfield practice relating to health, safety, security and the environment in connection with every Well and every Field Operation.
9.1 Indicative only. Every Cost Figure is an indicative, order-of-magnitude estimate prepared by the Company or computed from Third-Party Data, Default Values and Input Data. No Cost Figure is a quotation, offer, bid, price or commitment of the Company or of any Supplier, and no Cost Figure binds any person.
9.2 No market representation. No Cost Figure represents the price at which any equipment, service or intervention is or will be available. Actual costs depend on, among other things, the Supplier, the region, the time, the scope, logistics, taxes, duties, exchange rates and contractual terms.
9.3 Economic outputs. Every payback period, cost of ownership, lift cost per barrel, value of production increase, value of a lateral and score or verdict derived from any of them is an arithmetic illustration of the Input Data, Default Values and assumptions used. It is not a forecast, projection or prediction of any future result, and the Company Parties give no assurance that any production, production increase, run life, saving, return or payback will be achieved.
9.4 Prices and rates. Commodity prices, decline rates, evaluation periods and similar parameters are Input Data or Default Values. Energy prices and exchange rates derived from Third-Party Data are stated as of the dates of their sources and are not updated unless the Company elects to update them.
9.5 Commercial questions in Documents. Any price, lead time, run life, warranty or other commercial term referred to in a Request for Quotation is a question addressed by the Customer to a Supplier and not a statement by any Company Party.
10.1 Standards References. Every Standards Reference identifies a document for convenience only. The Company Parties make no representation that any referenced document is current, complete, applicable, adequate or sufficient for any Well or any equipment, or that any equipment, practice or Supplier complies with it. The Company does not reproduce or license any referenced document. The Customer shall obtain every referenced document from its publisher and shall determine for itself which standards and which editions apply.
10.2 No statement of compliance. No Output states or implies that any equipment, material, design, practice, Supplier or Field Operation complies with any Applicable Law, standard, certification scheme, licensing requirement, monogram programme, hazardous-area classification, pressure-equipment rule, sour-service standard or permit condition.
11.1 Customer's document. Every Document is generated at the Customer's direction from Input Data, Default Values and Well Library entries. From the moment a Document is downloaded, the Customer is, as against every Recipient, its sole issuer and is solely responsible for its content, its use, its recipients and its transmission.
11.2 Legends. Every Output and every Document is generated and issued subject to the Legends set out in the Schedule, whether or not they are reproduced in it. The absence of a Legend from any Output, Document or page of the Service, and any difference between the wording of a Legend as displayed or printed and the wording of the Schedule, does not enlarge any right of any person and does not diminish any protection of the Company Parties. The Customer shall not remove, obscure, alter or contradict any Legend. Any modification of a Document by or on behalf of the Customer is made at the Customer's sole risk, and no Document so modified is attributable to any Company Party.
11.3 No representation on the Company's behalf. The Customer shall not extend any warranty, representation or undertaking on behalf of any Company Party, shall not state or imply that any Company Party is responsible for the accuracy, completeness or suitability of any Document or Output, and shall not state or imply that any Document has been prepared, reviewed, endorsed, approved, signed or sealed by any Company Party or by any Qualified Person unless a Qualified Person has done so in that person's own name and on that person's own responsibility.
11.4 No duty to Recipients. No Recipient is entitled to rely on any Document or Output as against any Company Party, and, to the fullest extent permitted by Applicable Law, the Company Parties assume no duty of any kind towards any Recipient. Before any Document or Output is sent, shown or made available to a Recipient, the Customer shall reproduce on it or with it, in legible form, Part 1 of the Schedule and, for a Request for Quotation, Part 3 of the Schedule, wherever they do not already appear on it; shall inform the Recipient that the Document or Output is a screening estimate on which no reliance may be placed; and shall procure that no Recipient asserts any claim against any Company Party in connection with any Document or Output. Section 16.2(b) applies to every claim of a Recipient.
11.5 Supplier responses. Every quotation, proposal, response or communication received by the Customer from a Supplier, and every contract, purchase order or dealing that follows, is solely between the Customer and that Supplier.
11.6 Date and version. Each Document reflects the Service, the Screening Criteria, the Well Library and the Third-Party Data as at the moment of its generation. A Document generated later, including from a Saved Calculation, may differ. The Company has no obligation to reissue, correct, recall or notify any person of any change affecting a Document already generated.
11.7 Use of Documents. Subject to the Agreement, the Customer may use, copy and transmit Documents for its own business purposes. All rights in the Service, the Screening Criteria, the Well Library, the templates, structure, layout and wording of Documents, and in every other element of the Service embodied in a Document, are reserved to the Company and its licensors.
12.1 Convenience only. Saved Calculations are stored at the Customer's instruction and for its convenience only.
12.2 Not a system of record. The Service is not a system of record, an archive, a document management system or a means of satisfying any obligation of the Customer to create, retain, preserve or produce records under Applicable Law, contract, audit requirements or any legal hold. The Customer shall maintain its own copies of all Input Data, Outputs and Documents that it requires.
12.3 Recomputation. When a Saved Calculation is opened, the Service may recompute it with the then-current version of the Service, the Screening Criteria, the Well Library and the Third-Party Data, and the resulting Outputs may differ from those obtained when the Saved Calculation was created. The Company has no obligation to preserve any earlier version of the Service or any earlier Output.
12.4 No guarantee of retention. The Company does not guarantee the availability, integrity, confidentiality or retention of any Saved Calculation. Saved Calculations may be deleted in accordance with Section 12.9 (Deletion) of the Terms, the Data Processing Addendum and the Retention Schedule, on closure of an Account, on termination of the Agreement, at the end of any Evaluation Access or as otherwise provided in the Agreement. Under no circumstances shall any Company Party be obliged to re-create, restore or re-process any Saved Calculation, Input Data or Output that is lost, corrupted or deleted.
12.5 Rights in stored content. The Customer represents and warrants that it holds every licence, consent and permission required for the Company to store and process each Saved Calculation in accordance with the Agreement, including in respect of data that belongs to or concerns a Well Operator, a co-venturer or any other person.
13.1 Changes. The Company may change, add, withdraw or replace any Screening Criterion, method, formula, weighting, threshold, Default Value, Well Library entry, Third-Party Data, Cost Figure, Result Label, Legend, Document format or Calculator at any time, with or without notice.
13.2 No duty to update. No Company Party is under any duty to update, correct, supplement, recall or reissue any Output, Document or Saved Calculation, or to notify any person of any change, error or omission, including an error or omission later discovered.
13.3 Prototype and pre-release versions. Any Prototype, Evaluation Access, Non-Public Environment, working copy or pre-release version of the Service may be incomplete, may contain errors and may generate Outputs that differ materially from those of any later version. Any feature may be modified or withdrawn and may never be released.
14.1 Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVERY OUTPUT, DOCUMENT, SAVED CALCULATION, SCREENING CRITERION, WELL LIBRARY ENTRY, COST FIGURE, RESULT LABEL, STANDARDS REFERENCE AND ITEM OF THIRD-PARTY DATA IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". THE COMPANY PARTIES DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING ANY WARRANTY OR CONDITION OF ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, QUALITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
14.2 Specific disclaimers. WITHOUT LIMITING SECTION 14.1, THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT ANY OUTPUT IS CORRECT, THAT ANY METHOD, EQUIPMENT ITEM, SIZE, TREATMENT, LATERAL OR RECOVERY PROCESS IDENTIFIED BY THE SERVICE IS FEASIBLE, SAFE OR SUITABLE FOR ANY WELL, THAT ANY EQUIPMENT WILL PERFORM OR ACHIEVE ANY RUN LIFE, THAT ANY PRODUCTION, PRODUCTION INCREASE, SAVING OR RETURN WILL BE ACHIEVED, THAT ANY COST FIGURE CORRESPONDS TO ANY PRICE, THAT ANY SCREENING CRITERION IS VALID FOR ANY WELL, OR THAT ANY ERROR WILL BE DETECTED OR CORRECTED.
14.3 No warranty created by information. No information or material, whether oral or written, obtained from any Company Party creates any warranty not expressly stated in the Agreement.
14.4 Essential purpose. The disclaimers in this Section 14 apply notwithstanding the failure of the essential purpose of any limited remedy.
15.1 Excluded losses. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO COMPANY PARTY SHALL BE LIABLE TO THE CUSTOMER, ANY AUTHORISED USER OR ANY PERSON CLAIMING THROUGH EITHER OF THEM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION OR OTHERWISE, AND WHETHER THE LOSS IS DIRECT OR INDIRECT, FOR ANY OF THE FOLLOWING ARISING OUT OF OR IN CONNECTION WITH ANY OUTPUT, DOCUMENT, SAVED CALCULATION, OPERATION OR FIELD OPERATION:
(a) loss of or damage to any Well, hole, wellbore, casing, tubing, completion, downhole equipment, reservoir, formation or other underground property, including loss of hole;
(b) the cost of fishing, redrilling, sidetracking, relogging, recompletion, workover, restimulation, intervention, plugging, abandonment or regaining control of any Well;
(c) blowout, cratering, wild well or any other loss of well control, and the cost of controlling any of them;
(d) pollution, contamination or release of any substance, and the cost of containment, clean-up, remediation and restoration;
(e) loss or deferral of production, loss or reduction of reserves or resources, and loss of product;
(f) loss of, damage to, failure or premature failure of any equipment, reduction of run life, and the cost of its repair or replacement;
(g) rig time, spread cost, standby, mobilisation, demobilisation and logistics cost;
(h) loss of profit, revenue, business, contract, opportunity, goodwill, anticipated savings, use or investment;
(i) the cost of procuring substitute equipment, services, software or data;
(j) fines, penalties and sanctions imposed by any Governmental Authority;
(k) any claim of any Recipient or other third party, including any co-venturer, royalty owner, landowner, contractor, Supplier, employee or Governmental Authority; and
(l) any indirect, incidental, consequential, special, exemplary, punitive or enhanced damages;
IN EACH CASE EVEN IF CAUSED OR CONTRIBUTED TO BY THE SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL FAULT OF ANY COMPANY PARTY, AND EVEN IF ANY COMPANY PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IT WAS OTHERWISE FORESEEABLE.
15.2 Aggregate limit. THE AGGREGATE LIABILITY OF ALL COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH ALL OUTPUTS, DOCUMENTS AND SAVED CALCULATIONS IS SUBJECT TO, AND COUNTS TOWARDS, THE AGGREGATE LIMIT OF LIABILITY IN SECTION 27 (LIMITATION OF LIABILITY) OF THE TERMS AND, IN RESPECT OF EVALUATION ACCESS, THE PROTOTYPE AND ANY NON-PUBLIC ENVIRONMENT, THE LIMIT IN SECTION 13 (LIMITATION OF LIABILITY) OF THE TRIAL AND PROTOTYPE TERMS. WHERE NEITHER SPECIFIES A LIMIT APPLICABLE TO THE CLAIM, THAT AGGREGATE LIABILITY SHALL NOT EXCEED one hundred United States dollars (US$100). NOTHING IN THESE SCREENING RESULTS TERMS INCREASES ANY LIMIT SET OUT IN ANY OTHER PART OF THE AGREEMENT.
15.3 Basis of the bargain. The Customer acknowledges that the Service is offered on the basis of the disclaimers, exclusions, limitations, releases and indemnities in the Agreement, that they reflect a reasonable allocation of risk, that the Fees (if any) would be substantially higher without them, and that they apply notwithstanding the failure of the essential purpose of any limited remedy.
15.4 Liability that cannot be excluded. Nothing in the Agreement excludes or limits any liability that cannot be excluded or limited under Applicable Law, which may include, depending on the jurisdiction, liability for fraud or fraudulent misrepresentation, liability for death or personal injury caused by negligence, and liability for gross negligence or wilful misconduct. Where Applicable Law does not permit a disclaimer, exclusion, limitation, release or indemnity in these Screening Results Terms to apply in full, it shall apply to the maximum extent that Applicable Law permits, and the remainder of these Screening Results Terms shall be unaffected.
15.5 Period for claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION AGAINST ANY COMPANY PARTY ARISING OUT OF OR IN CONNECTION WITH ANY OUTPUT, DOCUMENT OR SAVED CALCULATION SHALL BE COMMENCED WITHIN 12 MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, FAILING WHICH IT IS PERMANENTLY BARRED. Section 37 (Period for Bringing Claims) of the Terms applies to every such claim, and where Applicable Law does not permit a period of that length to be agreed, the shortest period permitted by Applicable Law applies.
16.1 Release. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CUSTOMER, FOR ITSELF AND FOR EVERY PERSON CLAIMING THROUGH IT, RELEASES, WAIVES AND FOREVER DISCHARGES EACH COMPANY PARTY FROM ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY FIELD OPERATION, ANY OPERATION, OR ANY USE OF OR RELIANCE ON ANY OUTPUT, DOCUMENT OR SAVED CALCULATION, INCLUDING THOSE CAUSED OR CONTRIBUTED TO BY THE SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL FAULT OF ANY COMPANY PARTY.
16.2 Indemnity. THE CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS EACH COMPANY PARTY FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, FINES, PENALTIES, SETTLEMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF INVESTIGATION) ARISING OUT OF OR IN CONNECTION WITH:
(a) any Field Operation or Operation, and any decision made wholly or partly on the basis of any Output, Document or Saved Calculation;
(b) any use of or reliance on any Output or Document by any Recipient or by any other person who obtained it from or through the Customer or any Authorised User;
(c) any Input Data, any Saved Calculation, and any claim that the entry, loading, storage or use of any of them infringes or misappropriates any right of any person or breaches any duty of confidence;
(d) any breach by the Customer or any Authorised User of Sections 5.5, 7, 8.4, 11 or 12.5; and
(e) any claim by any Well Operator, co-venturer, contractor, Supplier, employee, landowner, royalty owner, Recipient or Governmental Authority relating to any Well;
IN EACH CASE REGARDLESS OF WHETHER CAUSED OR CONTRIBUTED TO BY THE SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL FAULT OF ANY COMPANY PARTY, AND EXCLUDING ONLY LOSSES TO THE EXTENT FINALLY DETERMINED BY A COURT OR ARBITRAL TRIBUNAL OF COMPETENT JURISDICTION TO HAVE RESULTED FROM THE FRAUD OR WILFUL MISCONDUCT OF THE COMPANY.
16.3 Conduct of claims. The Company shall notify the Customer of any claim for which it seeks indemnity under Section 16.2, provided that any delay in notification relieves the Customer of its obligations only to the extent that the delay materially prejudices the Customer. The Company may elect to conduct the defence and settlement of any such claim itself, with counsel of its choice, at the Customer's cost. The Customer shall not settle any claim in a manner that imposes any obligation on, or makes any admission on behalf of, any Company Party without the Company's prior written consent.
16.4 Anti-indemnity laws. If any Applicable Law, including any law governing indemnities in agreements pertaining to wells for oil, gas or water, renders any part of Section 16.1 or 16.2 void, unenforceable or limited:
(a) that part shall be enforced to the maximum extent permitted by that law, and the remainder of Sections 16.1 and 16.2 shall be unaffected;
(b) where that law permits an indemnity that is supported by liability insurance furnished by the indemnitor, the Customer agrees that its obligations under Section 16.2 are to be supported by liability insurance coverage furnished by the Customer, in the maximum amount that such law permits for a unilateral indemnity obligation, and the Customer shall maintain such coverage for the benefit of the Company Parties; and
(c) no such law shall limit any release, disclaimer, exclusion or limitation in Sections 14, 15 or 16.1 to any greater extent than that law expressly requires.
16.5 Conspicuousness. THE CUSTOMER ACKNOWLEDGES THAT SECTIONS 14, 15 AND 16 ARE CONSPICUOUS, THAT THEY EXPRESSLY STATE THAT THEY APPLY TO LOSSES CAUSED BY THE NEGLIGENCE OF THE COMPANY PARTIES, THAT THEY SATISFY ANY REQUIREMENT OF EXPRESS STATEMENT OR FAIR NOTICE UNDER APPLICABLE LAW, AND THAT THE CUSTOMER HAS HAD THE OPPORTUNITY TO REVIEW THEM WITH ITS OWN COUNSEL BEFORE ACCEPTING THE TERMS.
17.1 Internal use. Outputs are generated solely for the Customer's own internal business use. No Recipient and no other person is entitled to rely on any Output.
17.2 Beneficiaries. No person other than the Company, the Customer and the Company Parties has any right under these Screening Results Terms. Each Company Party may enforce Sections 5, 7, 8, 11, 14, 15 and 16 as a third-party beneficiary. The Company and the Customer may amend or terminate these Screening Results Terms without the consent of any other person.
18.1 Survival. Sections 4 to 18 survive the expiry or termination of the Agreement, the closure of any Account, the end of any Evaluation Access and the deletion of any Saved Calculation, and continue to apply to every Output and Document generated before that time.
18.2 Severability. If any provision of these Screening Results Terms is held invalid, illegal or unenforceable in any jurisdiction, it shall be modified to the minimum extent necessary to make it valid, legal and enforceable in that jurisdiction, and its validity, legality and enforceability in every other jurisdiction, and the remaining provisions, shall not be affected.
18.3 Law and disputes. These Screening Results Terms are governed by the law stated in Section 34 (Governing Law) of the Terms. Every dispute, claim or controversy arising out of or in connection with them, with any Output, Document or Saved Calculation, or with any Operation or Field Operation, shall be resolved exclusively in accordance with Sections 35 (Dispute Resolution and Arbitration), 36 (Waiver of Class Proceedings and of Trial by Jury) and 37 (Period for Bringing Claims) of the Terms, save that a dispute arising out of or in connection with a Confidentiality Undertaking is resolved in accordance with that Confidentiality Undertaking.
18.4 Amendment. The Company may amend these Screening Results Terms in accordance with Section 31 (Changes to these Terms and to the Incorporated Documents) of the Terms. The Version of these Screening Results Terms is stated at the head of this document.
18.5 Notices. Section 38 (Notices) of the Terms applies to every notice under these Screening Results Terms. Notices to the Company shall be sent by email to hello@pallarium.com and, where Section 38 of the Terms so requires, also by courier to Pallarium, hello@pallarium.com.
18.6 Language. These Screening Results Terms are drawn up in English. Any translation is for convenience only, and the English text prevails.
Part 1 — Legend for every Document, every Batch Output and every export in any format:
Part 2 — Legend for every page of the Service that displays an Output, placed at the control that starts a calculation and beneath every displayed result:
Part 3 — Legend for every Request for Quotation, in addition to Part 1: