← Back to Due Diligence Reports Legal

Report license agreement.

Version: September 22, 2026. The version of this Agreement in force on your date of purchase governs that purchase. Which version applies to me? →

What this page covers.  This Report License Agreement governs the purchase and use of a due diligence report bought through the New Energy Diligence website (askned.ai or newenergydiligence.com). You accept it at checkout on the Due Diligence Reports page. For services purchased self-serve through the website — First Look, Red Flag Review, and the other fixed-fee offerings — see the separate Service Terms. For general access to the website itself, see the Terms of Use.
Parties.  By checking the acceptance box and completing purchase, the purchaser (“Licensee”) agrees to this Agreement with New Energy Diligence, Inc., a Delaware corporation, 741 Bamboo Terrace, San Rafael, California 94903 (“NED”). The person checking the box confirms they are authorized to bind Licensee.

1. Report; Delivery

“Report” means the due diligence report identified at checkout. NED delivers the Report by email in PDF format within three business days of purchase. For this Agreement a “business day” means Monday through Friday, 9:00 a.m. to 5:00 p.m. Pacific Time, excluding Federal Reserve Bank holidays: New Year’s Day, Martin Luther King Jr. Day, Washington’s Birthday (Presidents’ Day), Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. A purchase completed outside those hours is treated as received at the start of the next business day, and the one-business-day period runs from that point. Before delivery NED either prepares the Report or, where it already exists, reviews it for currency and updates it as NED considers necessary. NED may watermark copies with Licensee’s name. After delivery NED has no duty to update the Report and may sell updated versions separately.

2. License

On payment, NED grants Licensee a perpetual, worldwide, non-exclusive, non-transferable license to use, copy, and store the Report for its internal business purposes in evaluating, developing, procuring equipment for, financing, acquiring, owning, or operating any number of solar power projects, and to share it with its Deal Team for those purposes.

3. Deal Team

“Deal Team” means (a) Licensee’s affiliates with an ownership, development, or financing interest in the projects for which Licensee uses the Report, and (b) the lenders, investors, tax equity and tax credit counterparties, independent engineers, insurers, counsel, and other advisors engaged on those projects. Licensee is responsible for its Deal Team’s compliance with this Agreement. Deal Team members are not third-party beneficiaries, receive no warranty from NED, and have no claim against NED. An advisor buying for a client must buy in the client’s name; an advisor’s own license covers only projects on which it is engaged.

4. Restrictions

Licensee will not, and will not permit anyone to: (a) sell, sublicense, publish, or distribute the Report outside the Deal Team; (b) provide the Report or its findings to the vendor it evaluates, except excerpts reasonably needed to negotiate with that vendor on Licensee’s projects; (c) quote NED or the Report in marketing, press, or public filings without NED’s written consent (email suffices); (d) remove any notice; or (e) use the Report to build a competing product or service or to train machine-learning models.

5. Ownership

NED owns the Report and all intellectual property rights in it. Nothing is assigned to Licensee; all rights not granted are reserved. NED may use any corrections or feedback from Licensee without restriction.

6. Fees

The fee shown at checkout is payable in U.S. dollars at the time of purchase and is non-refundable, except: (a) as required by law; (b) for an accidental duplicate purchase reported within seven days; or (c) where NED does not deliver the Report within three business days of purchase (as defined in Section 1), in which case NED will refund the fee paid for that Report in full on request. To request that refund, email info@askned.ai identifying the Report and the date of purchase. Fees exclude sales, use, VAT, GST, withholding, and similar taxes, which Licensee will pay or gross up so NED receives the full fee.

7. Confidentiality

The Report is NED’s confidential information. Licensee will protect it with at least reasonable care and disclose it only as this Agreement permits or as law requires after reasonable notice to NED. This obligation lasts as long as the license and does not apply to information that becomes public through no fault of Licensee.

8. Nature of the Report; Disclaimer

THE REPORT IS NED’S OPINION BASED ON PUBLICLY AVAILABLE INFORMATION AS OF ITS REVIEW DATE AND MAY BE PREPARED WITH AI TOOLS SUBJECT TO HUMAN REVIEW. IT IS INFORMATIONAL ONLY AND IS NOT ENGINEERING, LEGAL, TAX, FINANCIAL, OR INVESTMENT ADVICE. IT IS PROVIDED “AS IS,” AND NED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSEE IS SOLELY RESPONSIBLE FOR DECISIONS MADE IN RELIANCE ON THE REPORT.

9. Liability; Indemnity

NED WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, AND NED’S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEE PAID FOR THE REPORT.

These limits apply to the fullest extent permitted by law and do not exclude liability for fraud, willful misconduct, or any liability that cannot lawfully be limited. Licensee will indemnify NED against third-party claims arising from Licensee’s or its Deal Team’s use of the Report or breach of this Agreement.

10. Term; Termination

This Agreement lasts as long as the license. NED may terminate the license on written notice if Licensee materially breaches this Agreement and fails to cure within ten days, after which Licensee must stop using and destroy all copies of the Report. Sections 5 through 12 survive termination.

11. Governing Law; Disputes

California law and the Federal Arbitration Act govern this Agreement. Before starting any proceeding, a party must give the other written notice describing the dispute and allow sixty days to resolve it. Unresolved disputes will be decided by binding arbitration before a sole arbitrator administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in San Francisco, California and conducted in English; judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive relief or bring intellectual property claims in state or federal court in San Francisco County, California. Disputes will be resolved only on an individual basis, not in any class, consolidated, or representative action.

12. General

The Report is licensed for business use only, not to consumers. Licensee represents it is not subject to sanctions and will comply with applicable export-control and sanctions laws. This Agreement is the entire agreement regarding the Report and supersedes any purchase order or other terms; the English version controls. Licensee may not assign it without NED’s consent except to a successor by merger or sale of substantially all its assets. If any provision is unenforceable, the rest remains in effect. Neither party may use the other’s name or logo publicly without consent. Electronic acceptance is binding. Notices to NED: info@askned.ai. The version of this Agreement accepted at checkout governs that purchase.

Checkout acceptance

At checkout you confirm the following before payment is enabled:

Acceptance statement

I have read and agree to the New Energy Diligence Report License Agreement on behalf of the entity I represent (or myself, if purchasing as a sole proprietor), and I am authorized to bind that entity.

Contact

Questions about this Agreement, including notices, requests, and consents, should be directed to:

Notices to:

New Energy Diligence, Inc.

741 Bamboo Terrace, San Rafael, California 94903

This Report License Agreement governs due diligence reports purchased through the NED website. For fixed-fee services purchased through the website, see the separate Service Terms; for general use of the website, see the Terms of Use.