The material presented in HSB Solomon Associates LLC’s (Solomon’s) website is provided for internal, non-commercial, informational purposes only. Any copies of the material presented must bear all copyright, trademark, or other proprietary markings located on the site, which pertain to the material being copied. Except as authorized in the following text, you are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material or products, services, processes, or technology described therein. All such rights are retained by Solomon, its subsidiaries, and/or any third-party owner of such rights.

Using Solomon Marks

Solomon’s company name and logo, and all related product and service names, design marks, and slogans are the trademarks or service marks of Solomon. You are not authorized to use any Solomon name or mark as a hypertext link to any Solomon website, or in any advertising, publicity, or in any other commercial manner without the prior written consent of Solomon.

Solomon encourages the communication of information that can improve the safety, reliability, and efficiency in the industries it serves within appropriate client and data confidentiality standards. Solomon requires strict adherence to the use standards described here for its proprietary service marks.

Following is a current listing (as of 11/06/2008) of United States and foreign trademarks owned by Solomon. Please note that laws concerning use and marking of trademarks or product names vary by country. Always consult a local attorney for additional guidance. Not all common law marks used by Solomon are listed on this page. Solomon’s practice is to list only the most important of its common law marks. Failure of a mark to appear on this page is not a waiver of any intellectual property rights that Solomon has established, and does not mean that Solomon does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market.

Those trademarks followed by ® are registered United States trademarks of Solomon. All others are unregistered trademarks or common law marks of Solomon in the United States. Some of these trademarks are registered or common law trademarks of Solomon in other countries.

This list is not a comprehensive list of all Solomon trademarks.

Registered Trademarks (®)

SA Profile and Design^®
Measure. Manage. Maximize.^®
Solomon Profile^® II
M³ – Measure. Manage. Maximize. ^®
Pacesetter Performance Process^®
EII^®
GADS NxL^®
NCM³^®
762 NxL^® (*)

Proprietary Trademarks (^TM)

CEI ^TM
NEI ^TM
Comparative Performance Analysis ^TM
PEI ^TM
CPA ^TM
Q1 Day 1 ^TM
CUI ^TM
RAI ^TM
CWB ^TM
Solomon CWB ^TM
EDC ^TM
Solomon EII ^TM
EGC ^TM
Solomon RAI ^TM
EMC ^TM
Solomon Refinery Activity Index ^TM
EPC ^TM
Solomon Utilized Equivalent Distillation Capacity ^TM
Equivalent Distillation Capacity ^TM
Solomon-EII ^TM
ETC ^TM
Solomon-UEDC ^TM
LRO ^TM
UEDC ^TM
MEI ^TM
VEI ^TM

* Registered European Community Trademark

** Registered Canada, Mexico, and European Community Trademark

*** Registered Canada, Mexico, Japan, and European Community Trademark

Fair Use Guidelines

Solomon’s trademarks include Solomon’s “SA” logo and other designs owned and used by Solomon (collectively referred to herein as “logos”), as well as Solomon trademarks and service marks (collectively referred to herein as “trademarks”). Solomon takes great care in the development and protection of its trademarks and reserves all rights of ownership of its trademarks.

Use of Solomon Logos and Trademarks

Solomon carefully limits the use of its logos and trademarks. No other company may use Solomon logos or trademarks unless it has the express written permission of Solomon, or is licensed by Solomon to do so.

To obtain permission to use any Solomon logo or trademark, contact Dr. Richard Jones of Solomon at (972) 739-1740 and or email us at IPU@SolomonOnline.com.

Fair Use of Solomon Trademarks

“Fair use” of trademarks allows third parties to make reference (text ONLY) to Solomon trademarks. The following guidelines are published to ensure proper use and reference to Solomon trademarks.

While fair use allows use of or reference to Solomon trademarks, it is necessary that the usage be truthful, not disparaging to Solomon, and does not mislead the public. You must be clear and accurate as to the nature of the relationship between Solomon and your company, its products, or services.

Following are two common types of fair use:

• Use of Solomon trademarks by third parties is allowed by Solomon without permission or license when specifically referring to Solomon products or services.

Example: Solomon’s Associates’ CEITM is a trademark of Solomon, for its proprietary metric measuring absolute GHG emissions by using industry-endorsed reporting protocols to provide more in-depth, individualized, and custom assessments of GHG intensity.

• Use of Solomon trademarks by third parties is allowed by Solomon without permission or license when indicating that a Solomon product is compatible with another product.

Examples: a) XYZ is compatible with the Solomon Profile® software product and

b) XYZ with Solomon Associates’ GADS NxL®.

Note that the emphasis should be on the trademark and any accompanying packaging produced by your company. Labeling should place emphasis on your trademark so that it is perceived as an application, developed with, compatible with, or running on a Solomon product.

General Rules for Proper Reference to Solomon Trademarks

Following are general rules for proper usage of trademarks:

• The first use of each Solomon trademark mentioned in communications must be identified in a footnote or attribution. The attribution must be located either on the page/screen where the Solomon trademark is used, or in the legal section of the communication or site in which it is referenced. Please note that laws concerning use of trademarks or trademarks vary by country. Always consult a local attorney for additional guidance.

Example: Solomon Profile, GADS NxL, and 762 NxL are trademarks of Solomon in the United States, other countries, or both.

• In the United States, the first reference in text to all Solomon trademarks should be preceded by Solomon and followed by the proper trademark symbol. The proper symbol for registered trademarks is ®. The proper symbol for trademarks which are the subject of pending applications or are used in accordance with common law trademark principles is TM.

Example: Solomon Profile® computer software monitors Solomon KPIs on a monthly basis. Rules for marking trademarks differ by country. You may need to seek guidance from a trademark professional.

• A trademark should be used as an adjective qualifying a noun that is a generic description of the product or service. The trademark should also be used in a singular form.

Example: The Solomon Profile® computer software monitors Solomon KPIs on a monthly basis.

• Do not change the form or representation of the trademark, including capitalization or punctuation.

Examples: NCM³®, M³ – Measure. Manage. Maximize.®

Use of “HSB Solomon Associates LLC” as a Company Name

“HSB Solomon Associates LLC” is both a trademark of Solomon and its company name. When “HSB Solomon Associates LLC” is used to identify the company, it is called a trade name. Trade name usage typically applies when referring to a company as opposed to a particular product. It is permissible to use HSB Solomon Associates LLC as a possessive if you are referring to the company. In that case, the name does not identify goods or services (which are legally the domain of trademarks).

Incorrect use of Solomon trademarks:

• Do not omit a footnote/attribution for Solomon trademarks.

• Do not alter the approved Solomon trademark.

• Do not create any new logo for Solomon or Solomon trademarks.

• Do not incorporate any Solomon trademarks into your company’s trademarks.

• Do not incorporate any Solomon trademarks into the root domain of any Web site owned by your company.

• Do not misspell or incorrectly capitalize the name Solomon in text.

• Do not use the Solomon taglines.

• Do not connect your company name with Solomon trademarks.

• Do not use the Solomon trademark name for a product or service as a noun, or in the plural form.

• Do not misspell or incorrectly capitalize Solomon trademarks. Always include HSB Solomon Associates LLC before the first usage of the Solomon trademark.

• Special attributions

• Microsoft, Windows, Windows NT, and the Windows logo are trademarks of Microsoft Corporation in the United States, other countries, or both.

• Microsoft trademark guidelines

• Other company, product, or service names may be trademarks or service marks of others.

Solomon Patents

Solomon will consider licensing its patents under fair and reasonable terms so long as licensees respect Solomon’s intellectual property rights. The licensing terms will be constructed in accordance with general industry practices similar to how others license technical intellectual property typically referred to as “commercially reasonable” terms. Solomon will consider all requests for licenses but reserves the right not to license certain IP. For example, Solomon will not license patents that would potentially influence its third party position and its strict covenant to data and client confidentially. And where Solomon determines to license patents, we will generally do so nonexclusively.

The following summaries are a partial list of Solomon’s patents and pending patent applications. The descriptions given below are not intended to construe or limit the scope of the claims of any of the listed patents or patent applications, but are solely intended to enable further discussions on the applicability of Solomon’s patent intellectual property to your business requirements. For a complete technical review, please refer to the documentation that can be referenced by the corresponding publication number.

The above and the descriptions below are not an offer to license any of Solomon’s patents. Solomon reserves the right not to license any of its patent intellectual property. Please address all licensing inquiries to Dale Emanuel, President at 972-739-1701 or by email at: IPLicense@SolomonOnline.com.

Patents and Pending Patent Applications

System and Method for Determining Equivalency Factors for Use in Comparative Performance Analysis of Industrial Facilities – U.S. Patent No. 7,233,910 B1

System and Method for Determining Equivalency Factors for Use in Comparative Performance Analysis of Industrial Facilities (Continuation) – U.S. Patent Publication No. US20080201181 A1

• The present invention provides a system and method for determining equivalency factors for use in comparative performance analysis of industrial facilities by determining a target variable and a plurality of characteristics of the target variable. Each of the plurality of characteristics is ranked according to value. Based on ranking value, the characteristics are divided into categories. Based on the sorted and ranked characteristics, a data collection classification system is developed. Data is collected according to the data collection classification system. The data is validated, and based on the data, an analysis model is developed. The analysis model then calculates the equivalency factors.

A Method and System for Greenhouse Emissions Performance Assessment and Allocation – U.S. Patent Publication No. US20060020502 A1

• The present invention provides a system and method for determining equivalency factors for use in comparative performance analysis of industrial facilities by determining a target variable and a plurality of characteristics of the target variable. Each of the plurality of characteristics is ranked according to value. Based on ranking value, the characteristics are divided into categories. Based on the sorted and ranked characteristics, a data collection classification system is developed. Data is collected according to the data collection classification system. The data is validated, and based on the data, an analysis model is developed. The analysis model then calculates the equivalency factors for use in one embodiment in performance measurement and equitable benchmarking of green house gas (GHG) emissions from industrial facilities for the purposes of allocating GHG emission allowances for permits, licenses, etc.

Power Generation Performance Analysis System and Method – U.S. Patent Publication No. US20070265804 A1

• The invention relates to a system and method for comparative operational performance analysis of one or more electrical power generating units using computer software, computer hardware, graphical presentation of results and statistical frontier analysis.

An Insurance Product, Rating System and Method – U.S. Patent Publication

No. US20060287892 A1

• In the present invention, an insurance product, rating system and method generally relates to a rating and pricing system for quantifying the risk that the annual savings will not fall below specified levels associated with implementing and maintaining economic improvements. The product, system and method can be applied to various industries, including, power generation, petrochemical, manufacturing and refining facilities. The present invention comprises an insurance product rating and pricing system designed for a relatively small number of insured annually or over a multi-year term with each insured having a relatively large exposure. These savings will produce additional benefits to the client in the form of enhanced creditworthiness and resulting increased availability of financing and reduced cost of financing.

Emissions Risk Transfer System and Method – International Publication

No. WO/2007/123524

• A system and method is described for quantifying, transferring, managing, underwriting, or insuring the risk associated with emissions from manufacturing, operating a facility, or engaging in an activity that emits, produces, or potentially emits or produces permitted or regulated emissions. In addition to insuring against emissions that exceed permitted or regulated amounts, a system for pooling, managing, and trading emission credits is also described herein.

Graphical Risk-Based Performance Measurement and Benchmarking System and Method (F/S for Short)

No. 2009/0024429 Jones et. al.

• The F/S patent covers a proven methodology to measure the impact of automation based on reliability improvements. This method determines the opportunity and targeted value of plant automation projects. In addition a drill down plant reliability dashboard is described in Figure 3.

Control Asset Comparative Performance Analysis System and Methodology (VRR for Short)

No. 2009/0063094 Havener et. al.

• The VRR patent covers a method to measure unit control asset performance based on variability reduction. The VRR patent was developed as part of the Worldwide Refining APC/Automation study. Figure 8 in the patent describes an on-line dashboard of control performance. Solomon has developed the information to drive such a dashboard for every major refinery unit type.