Terms of Service

Last updated: October 27, 2026.

These Terms of Service (the "Terms") are a binding agreement between MWD STD Inc., a company registered in Texas, United States ("MWD STD", "we", "us"), and the person or organisation using the Services ("Customer", "you"). By creating an account, ticking the acceptance box, signing in or otherwise using the Services, you confirm that you have read and understood these Terms and agree to be bound by them. If you accept on behalf of a company or other organisation, you confirm that you are authorised to bind it, and "Customer" means that organisation. If you do not agree, do not use the Services.

1. Definitions

1.1 "Services" means the aide.lite web application, the calculation services behind it, the reference data and documentation supplied with it, and any updates to them. The Services are a first-pass well design tool: trajectory design and optimisation, torque and drag, hydraulics, surge and swab, hole cleaning, rate of penetration, drillstring and casing design, cementing screening, and time and cost estimation.

1.2 "Customer Data" means the data you enter into or import into the Services, including well projects, surveys, section designs, prices and any other inputs.

1.3 "Results" means the outputs the Services compute from Customer Data and Reference Data: charts, tables, reports, recommendations and estimates.

1.4 "Reference Data" means the catalogues, price books, operation-time books, presets, example wells and calculation methods that MWD STD supplies inside the Services.

1.5 "Paid Term" means a period of access to the Services that you have paid for under a subscription plan. "Trial" means a free evaluation period. "Free Access" means use of the Services at no charge outside a Trial, for as long as MWD STD offers it.

1.6 "Limited Mode" means the state of an account without an active Paid Term, Trial or Free Access, in which the user interface remains available for viewing, loading and exporting projects, but no calculations are sent to the calculation services.

1.7 "Pricing Page" means the page on MWD STD's website where the subscription plans and their prices are published, at /pricing.html.

1.8 "Downtime" has the meaning given in Section 9.

2. Account

2.1 You must be at least 18 years old. The Services are offered solely for professional or business use. You represent that you acquire and use the Services for those purposes, and not for personal, family or household purposes.

2.2 An account is personal to the individual who registered it. You must not share, transfer or sell your account or credentials, and you must not let anyone else use it. Each person who uses the Services needs their own account. One person may hold only one account. Registering a further account, including to obtain another Trial, is a breach of these Terms.

2.3 You must provide accurate registration details and keep them up to date. You are responsible for keeping your credentials confidential and for everything done through your account. Tell us at once at [email protected] if you believe your account has been compromised.

2.4 MWD STD may refuse registration without explanation. MWD STD may suspend or close an account where it suspects a breach of these Terms, automated use, non-payment, a legal requirement or a sanctions risk (Section 13.3), and may close an account for any other reason on at least 30 days' notice, in which case Section 13.6 applies to any prepaid fee.

2.5 Where MWD STD reasonably suspects a breach of this Section or of Section 10.4, it may ask you to confirm your identity or the business purpose of your use, for example by a work email address, a company name or a professional profile. If you do not provide the confirmation within 14 days, MWD STD may suspend or close the account under Section 13.3.

3. Licence

3.1 Subject to these Terms, MWD STD grants you a limited, non-exclusive, non-transferable, revocable licence, without the right to sublicense, to access and use the Services through their user interface for the duration of your Paid Term, Trial or Free Access and within the limits of your plan, and, in Limited Mode, to use the user interface to view, load and export your projects as described in Section 10.7.

3.2 You may use the Services for the engineering work of your organisation, including engineering services you provide to your own clients. You remain responsible to your clients for any Results you give them, and you may not give your clients access to your account.

3.3 The Services are provided as a hosted service. No copy of the software is licensed or delivered to you; the code that runs in your browser is part of the Services and is covered by these Terms. All rights not expressly granted in these Terms are reserved by MWD STD.

4. Restrictions

4.1 Copying and reverse engineering. Except as Section 5.3 allows, you must not copy, modify, translate, adapt or create derivative works of the Services; decompile, disassemble, de-obfuscate or otherwise attempt to derive the source code, algorithms, calculation models or data structures of the Services, whether of the browser application or of the calculation services; extract, download or reproduce the Reference Data in whole or in substantial part; reconstruct the calculation methods from Results; use the Services to build, train or benchmark a competing product; use the Services, their interface, the Reference Data or Results to train or fine-tune machine-learning or AI models; or remove or alter any proprietary notices.

4.2 Automation and AI tools. The Services are designed for direct use by a person through the user interface in a web browser. You must not access or operate the Services by any other means, including: browser-automation and testing frameworks (for example Playwright, Selenium, Puppeteer or Cypress), headless browsers, bots, scripts, macros, auto-clickers or browser extensions that drive or alter the interface; AI agents, large-language-model agents or other software that operates the interface or calls the calculation services on your behalf; scraping, crawling or bulk extraction of data or Results; and direct calls to the application programming interfaces of the Services outside the user interface, including with a token obtained through the interface. You must not circumvent rate limits, request queues, de-duplication or other technical controls, and you must not load-test the Services. Exceptions require MWD STD's prior written permission. Features that MWD STD itself builds into the Services, including any assistant or automation MWD STD provides, are not restricted by this Section.

4.3 Security and lawful use. You must not attempt to gain unauthorised access to the Services, other accounts, the calculation services, the administration console or the underlying infrastructure; bypass authentication or authorisation; forge headers or identifiers; probe or scan for vulnerabilities or conduct penetration testing without MWD STD's prior written consent; introduce malicious code; or interfere with the operation of the Services, including by denial-of-service attacks or excessive load. You must not use the Services for any unlawful purpose or in a way that infringes the rights of others. If you discover a vulnerability, report it to [email protected] without exploiting or disclosing it; a good-faith report made this way is not a breach of these Terms.

4.4 Other. You must not upload data you have no right to use, and you must not present Results as an approved, certified or verified engineering design without the independent verification described in Section 7.

4.5 Enforcement. MWD STD may use technical measures, including rate limits, behavioural signals and challenge tests, to detect automated or abusive use, and may suspend or close an account without notice where it detects such use. You acknowledge that a breach of Sections 4 or 5 would cause MWD STD irreparable harm for which damages would be an inadequate remedy, and that MWD STD may seek injunctive relief in any court of competent jurisdiction without the need to prove actual damages, subject to any bond the court may require, in addition to any other remedy.

5. Intellectual property

5.1 The Services, including the software (in the browser and on the server), design, user interface, documentation, Reference Data, calculation methods, pricing models, trademarks and logos, are owned by MWD STD or its licensors and are protected by intellectual-property laws. These Terms do not transfer any ownership to you.

5.2 As between you and MWD STD, the Customer Data belongs to you or to the persons who entrusted it to you. You warrant that you have all rights and permissions needed to enter it into the Services and to grant the licence in this Section. You grant MWD STD a limited, worldwide, non-exclusive licence to use Customer Data as needed to provide, maintain, secure and troubleshoot the Services, and to use it in anonymised and aggregated form, from which neither you nor any well can be identified, to analyse usage and improve the Services.

5.3 You may use Results for your own purposes and for the purposes of your clients under Section 3.2. In particular, you may keep, copy, print, annotate and translate the reports, charts and tables the Services produce for you, share them with your clients and include them in your own or your clients' documents, including their built-in templates and the excerpts of Reference Data they contain. Report formats, templates and the calculation methods behind Results otherwise remain MWD STD's and may not be reproduced separately from such Results.

5.4 If you give MWD STD feedback, suggestions or ideas about the Services, MWD STD may use them freely and without obligation or compensation.

6. Customer Data, storage and backups

6.1 Projects live in your browser. The Services store your projects locally in your browser's storage, not on MWD STD's servers. Calculation requests are sent to MWD STD's servers, processed and answered without the project being stored there, apart from the temporary job queue described in Section 6.4. Clearing your browser data, using another browser, device or profile, or working in a private window can therefore lose a project. You are responsible for backing up your work by exporting your projects regularly. Apart from project files you choose to send to support, which are handled as the Privacy Policy and the Data Processing Addendum describe and deleted within 90 days at the latest, MWD STD has no copy of your projects and cannot recover them.

6.2 MWD STD processes calculation requests on its own servers in the United States; the network-security provider in front of those servers handles traffic at its data centres worldwide and keeps logs of it for limited periods, as described in the Privacy Policy. Technical logs of requests (such as timestamps, endpoints, request sizes, IP addresses and error data, never the contents of a request) are kept for up to 180 days for diagnostics and security, then deleted.

6.3 Updates to the Services may change the project format. Compatibility of previously saved projects is not guaranteed; where a saved project cannot be loaded after an update, it may have to be re-created or re-imported from an export. This is not a defect of the Services.

6.4 Results are not stored by the Services; they are recomputed from the current project, and their absence after a reload is normal behaviour. The one exception is the temporary job queue: the inputs and results of the asynchronous jobs (trajectory concepts and cost optimisation) are held in it while the job runs and for up to 24 hours after it completes, fails or is cancelled, and in any case no longer than 72 hours after submission, so that the application can collect the result, and are then deleted.

6.5 You decide what to enter into the Services. Consider whether sensitive information, for example well coordinates or contractors' prices, needs to be entered at all. MWD STD does not disclose Customer Data to third parties except to the service providers that host and operate the Services, as required by law, or on your instruction.

6.6 The account information you provide at registration is stored by MWD STD and handled as described in Section 11.

7. Engineering disclaimer; no warranty

7.1 The Services are a first-pass engineering support and estimation tool, not a replacement for a full design suite or for the design process itself. Results are calculated estimates produced by simplified models, and they depend on the Customer Data you enter, the assumptions you choose, the Reference Data and the version of the Services in use. Results do not replace professional engineering judgement, the project's design documentation, expert review, regulatory requirements or your organisation's own procedures.

7.2 You must have Results independently checked by a qualified engineer before any practical use, including design, drilling operations, procurement, budgeting and any decision that affects safety, people, equipment or the environment. The decision to rely on Results, and all consequences of that decision, are yours alone.

7.3 MWD STD does not warrant that Results are accurate, complete or applicable to a particular well, rig or equipment; that they comply with any standard or regulation; that the Services are free of errors; that any function is available in every deployment; or that a calculation can be completed for every input. The calculation services may refuse an input, report a case as not applicable or restrict a range.

7.4 Reference Data, including equipment catalogues, prices, rates, operation times, presets and example wells, are indicative, may be out of date and are not offers or quotations from any supplier. Cost and time figures are estimates, not budgets or bids.

7.5 Features marked as beta, preview or experimental may be unstable, may change without notice and may be withdrawn; they are excluded from the credit in Section 9.

7.6 The inability to perform an action, because a function is unavailable, the calculation services decline an input, a plan limit applies, data are incompatible, or your network, proxy or browser prevents it, is not a breach of these Terms.

7.7 THE SERVICES, THE REFERENCE DATA AND ALL RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MWD STD DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MWD STD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT LOCALLY STORED DATA WILL BE PRESERVED, OR THAT THE SERVICES WILL PRODUCE ANY PARTICULAR RESULT.

8. Availability, changes and support

8.1 MWD STD aims to keep the Services available at all times but does not guarantee it. Planned maintenance will be announced at least 7 days in advance where practicable; emergency maintenance, including security fixes, may be carried out without notice.

8.2 MWD STD may change, add or remove functions, change the user interface, plan limits or browser requirements, and may discontinue the Services altogether on at least 30 days' notice, during which you can export your projects. If a change removes a function that is material to your use of the Services, you may close your account within 30 days of the change and Section 13.6 applies; if MWD STD discontinues the Services during your Paid Term, Section 13.6 applies.

8.3 The Services depend on third-party providers (hosting, networks, payment processing and similar). MWD STD is not responsible for their failures.

8.4 Support is provided by email at [email protected]. Response times are not guaranteed unless your plan says otherwise.

8.5 The Services require a current version of a desktop web browser with JavaScript and browser storage enabled, and a stable internet connection. Mobile devices are not supported.

9. Liability

9.1 Free Access and Trial. During Free Access or a Trial, MWD STD has no liability to you for the Services being unavailable, and no credit or compensation is due.

9.2 Downtime credit: your sole remedy. For a Paid Term, your sole and exclusive remedy for the Services being unavailable is an extension of your Paid Term as set out in this Section (a "Downtime credit"). No refunds, monetary compensation, penalties or other remedies are available for unavailability; the refund of prepaid fees under Section 13.6, for Services not provided at all, is a separate matter and is not affected by this Section.

9.3 Downtime means your inability to sign in to the Services or to run calculations because of a failure on MWD STD's side, whether it affects all users or only some, as recorded by MWD STD's monitoring or confirmed by MWD STD following your report. Limited Mode is not Downtime.

9.4 Downtime is measured per calendar day in United States Central Time. For each calendar day in which Downtime totals four (4) hours or more, your Paid Term is extended by one (1) day. A day with less than four hours of Downtime earns no credit. For example, five hours of Downtime on one day earns one day; a thirty-hour outage spanning two calendar days earns two days; three hours late one evening and three hours early the next morning earn nothing.

9.5 To receive a Downtime credit you must request it by email at [email protected] within 30 days of the Downtime, stating the date and time. Credited days are added to the end of your current Paid Term and move your next renewal date by the same number of days. If your Paid Term has ended by the time the credit is granted, the days are held as a credit and added to the start of your next Paid Term, provided it begins within six (6) months of the grant; unused credits lapse and have no cash value.

9.6 The following are not Downtime: planned maintenance announced under Section 8.1; emergency security measures; failures on your side (your network, browser, device, corporate firewall or proxy); failures of third parties, including hosting, DNS and denial-of-service attacks; events beyond MWD STD's reasonable control; slowness or degraded performance; the unavailability of individual functions or endpoints while the rest of the Services work; and suspension of your account for breach or non-payment.

9.7 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MWD STD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OR DATA, RIG DOWNTIME OR STANDBY, WELL INCIDENTS OR COMPLICATIONS, DAMAGE TO EQUIPMENT OR PROPERTY, CLAIMS OF THIRD PARTIES, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR RESULTS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF MWD STD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.8 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MWD STD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES OR RESULTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED US DOLLARS (USD 100). THE DOWNTIME CREDIT IN THIS SECTION IS THE ONLY REMEDY FOR UNAVAILABILITY, AND THIS CAP APPLIES TO ANY OTHER CLAIM. THIS CAP DOES NOT LIMIT THE REFUND OF PREPAID FEES UNDER SECTION 13.6.

9.9 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence or wilful misconduct, and nothing in these Terms waives any right or remedy that cannot lawfully be waived under applicable law, including under the Texas Deceptive Trade Practices–Consumer Protection Act where applicable. The exclusions, limitations and exclusive remedies in these Terms apply only to the extent permitted by applicable law and are an essential basis of the bargain between you and MWD STD.

9.10 Your responsibility and indemnity. You are responsible for your compliance with these Terms, for the Customer Data you enter, for any use you or your clients make of Results, and for everything done through your account. You will defend MWD STD and its officers, employees and contractors against any claim brought by a third party, and pay the damages, costs and reasonable legal fees finally awarded on it or agreed in a settlement you have approved, to the extent the claim arises from (a) your breach of these Terms, (b) Customer Data you had no right to use, or (c) the use that you or your clients make of Results, including any well, design or operation based on them; except to the extent the claim is caused by MWD STD's breach of these Terms or by its negligence. MWD STD will notify you of the claim promptly, allow you to control its defence and settlement with counsel of your choice, and give you reasonable assistance at your expense; you may not settle a claim in a way that imposes obligations on MWD STD or admits fault on its behalf without MWD STD's written consent.

10. Fees, payment and Trial

10.1 Subscription plans and prices are published on the Pricing Page, which forms part of these Terms. A new account starts with a Trial (Section 10.4) or, for as long as MWD STD offers it, with Free Access. A Trial begins when you confirm your email address and lasts for the period stated on the Pricing Page. MWD STD may also grant Free Access at its discretion.

10.2 Plans are offered for monthly and annual terms and are paid in advance for the whole term.

10.3 All prices are exclusive of taxes. Value-added tax, sales tax, goods-and-services tax and any similar taxes, duties or charges applicable in your country or at your billing address are added to the price automatically at checkout. You are responsible for providing an accurate billing address and, where applicable, a valid VAT or tax identification number. If any withholding tax applies to your payment, you will increase the payment so that MWD STD receives the full price.

10.4 A Trial is for evaluation: it requires no payment details and ends automatically at the end of the Trial period, after which your account switches to Limited Mode unless you buy a plan; it does not convert into a paid plan by itself. All payments are final and non-refundable, except as provided in Section 13.6 or required by law. MWD STD may limit, extend or end a Trial at its discretion. A Trial is available once per person. MWD STD may refuse or end a Trial for an account it reasonably believes to be a repeat registration.

10.5 Automatic renewal. Subscriptions renew automatically at the end of each term for the same term at the then-current price, unless you turn off automatic renewal in your account before the term ends. Automatic renewal is on by default; you can turn it off at any time, and your subscription then runs to the end of the current term. MWD STD will remind you by email before an annual term renews.

10.6 MWD STD may change prices on at least 30 days' notice. A change takes effect from your next term; an annual term is affected only when it renews.

10.7 Limited Mode. When your Paid Term ends without renewal, your account switches to Limited Mode: you keep access to the user interface to view, load and export your projects for as long as MWD STD makes the Services publicly available, but calculations, optimisations and other requests to the calculation services require an active subscription. Non-payment does not cause your projects to be lost, since they stay in your browser under Section 6, but it does not oblige MWD STD to keep anything for you.

10.8 MWD STD may suspend the Services while a payment is overdue or disputed. Payments are processed by a third-party payment provider; MWD STD does not store your card details.

11. Privacy

11.1 MWD STD collects the information you give at registration (name, company, job title, country, email address and password), technical information generated by use of the Services (IP address, browser type, sign-in records and the request logs described in Section 6.2) and, for paid plans, billing information held by the payment provider. The Services use your browser's storage for your session token and your settings.

11.2 MWD STD uses this information to provide, secure and improve the Services, to communicate with you about your account and to comply with the law. MWD STD processes it on its own servers in the United States; the providers that help run the Services (network security, payments, email) process it in the locations stated in the Privacy Policy. Where you are in the European Economic Area, the United Kingdom or another jurisdiction that regulates international transfers, MWD STD relies on the safeguards described in its Privacy Policy.

11.3 MWD STD's Privacy Policy describes this processing in detail, including retention, your rights and how to exercise them, and is incorporated into these Terms by reference. Where MWD STD processes personal data on your behalf as part of Customer Data, the Data Processing Addendum applies and is likewise incorporated. Marketing emails are sent only with your separate consent, which you can withdraw at any time.

11.4 If you enter personal data of other people into the Services, you are responsible for having the right to do so.

12. Export control and sanctions

12.1 The Services are provided from the United States and are subject to United States export-control and sanctions laws, and may be subject to those of the European Union, the United Kingdom and other jurisdictions.

12.2 You represent and warrant that neither you nor your organisation, nor any client for whom you use the Services under Section 3.2, is listed on any sanctions or restricted-party list (including the US OFAC Specially Designated Nationals list and the EU and UK sanctions lists) or is located, organised or ordinarily resident in a country or region that is subject to comprehensive sanctions or embargo; and that you will not use the Services, or let the Results be used, in violation of applicable export-control or sanctions laws, including restrictions that apply to oil-and-gas technology and services for certain countries.

12.3 MWD STD may block access from particular countries or regions and may suspend or close an account without notice, credit or refund where it considers there is a sanctions or export-control risk.

13. Term, suspension and termination

13.1 These Terms apply from your acceptance until your account is closed.

13.2 You may close your account at any time. Any unused part of a Paid Term is not refunded, except as provided in Section 13.6.

13.3 MWD STD may suspend or close your account immediately, without refund, if you breach these Terms, if required by law, or under Sections 4.5, 10.8 or 12.3.

13.4 MWD STD may also close an account that has not been used for twelve (12) months, close all accounts when it discontinues the Services under Section 8.2, or close your account for another reason not caused by you under Section 2.4, in each case on at least 30 days' notice; Section 13.6 then applies to any prepaid fee.

13.5 The end of a Paid Term is not termination: your account switches to Limited Mode under Section 10.7.

13.6 Refund of prepaid fees. Where the Services are not provided for part of a Paid Term for reasons attributable to MWD STD — MWD STD discontinues the Services, closes your account under Section 13.4, or you close your account under Section 8.2 or Section 14.2 — MWD STD refunds the part of the fee you prepaid for that Paid Term that corresponds to the unused days: the fee divided by the number of days in the Paid Term, multiplied by the number of whole days remaining after the Services end for you. Days on which the Services were available to you are not refunded. The refund is made to the original payment method within 30 days and is not subject to the limit in Section 9.8. No refund is due for Free Access or a Trial, or where your account is closed under Section 13.3.

13.7 When your account is closed, your access ends. Export your projects before that. Sections 4, 5, 6, 7, 9, 11, 12, 13.6, 15 and 16, and any other provision that by its nature should survive, survive termination.

14. Changes to these Terms

14.1 MWD STD may change these Terms. Changes will be announced in the Services or by email to your account address at least 30 days before they take effect, except where a change is required by law or concerns a new function, in which case it may take effect sooner.

14.2 Continuing to use the Services after a change takes effect means you accept the changed Terms. For material changes MWD STD may ask you to accept the new Terms in the Services before continuing. If you do not agree to a change, close your account before it takes effect; Section 13.6 then applies to the unused part of your Paid Term.

14.3 The date of the current version is shown at the top of these Terms. Earlier versions are available from MWD STD on request.

15. Governing law and disputes

15.1 These Terms and any dispute arising out of or in connection with them or the Services are governed by the laws of the State of Texas and the federal laws of the United States, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Before starting proceedings, a party must send the other a written notice of the dispute and allow 30 days for a good-faith attempt to resolve it. This does not prevent either party from seeking urgent injunctive or other equitable relief at any time. Notices to MWD STD go to [email protected]; notices to you go to your account email address.

15.3 The state and federal courts located in Harris County, Texas (Houston) have exclusive jurisdiction over any dispute, and each party submits to their jurisdiction and waives any objection to venue. MWD STD may nevertheless seek injunctive or other equitable relief for a breach of Sections 4 or 5 in any court of competent jurisdiction.

15.4 TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL, AND ANY DISPUTE MUST BE BROUGHT IN THAT PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

15.5 These Terms are written in English. Any translation is provided for convenience only; the English text governs.

16. General

16.1 These Terms, together with the Pricing Page, the Privacy Policy and, where it applies under Section 11.3, the Data Processing Addendum, are the entire agreement between you and MWD STD about the Services and replace any earlier terms.

16.2 If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in force.

16.3 A failure or delay by MWD STD in exercising a right is not a waiver of it.

16.4 You may not assign or transfer these Terms or your account. MWD STD may assign these Terms to an affiliate or to a successor in a merger, acquisition or sale of assets.

16.5 Neither party is liable for a failure caused by events beyond its reasonable control, except that this does not excuse your payment obligations.

16.6 These Terms do not create a partnership, joint venture, agency or employment relationship, and there are no third-party beneficiaries.

16.7 You agree to receive notices and to contract with MWD STD electronically. These Terms, accepted electronically, have the same effect as a signed written agreement.

16.8 The Services are commercial computer software and commercial computer software documentation. If you are an agency of the United States Government, your rights are limited to those granted to all other customers under these Terms.

16.9 Questions about these Terms: MWD STD Inc., 1330 Blackthorne Dr, Houston, TX 77094, United States; [email protected].