OPENING THE PACKAGE, INSTALLING OR USING THE PRODUCT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE RETURN THIS PRODUCT TO THE PLACE YOU OBTAINED IT WITHIN 30 DAYS FOR A FULL REFUND.
This is a legal agreement (“Agreement”) between you, the Licensed User, and GEOVAP, spol. s r. o., a corporation including all of its subsidiaries worldwide (“GEOVAP”). IT IS YOUR RESPONSIBILITY TO INFORM ALL USERS OF THE PRODUCT OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. FAILURE TO ENFORCE ANY OF THE TERMS OR THESE LIMITATIONS IS A BREACH OF THIS AGREEMENT.
(“Product”) includes the GEOVAP Reliance Product, Documentation, I/O Drivers and other materials and information that you have received.
(”Licensed User(s) or "you”) includes person(s) who are licensed and authorized per the terms of this Agreement to use the Product as set forth in the licensed Grant below:
This GEOVAP Agreement grants you the following rights with respect to one or more of the features of the Product.
(a) Demonstration: If this Product was provided to you as a demonstration package, GEOVAP grants you a non transferable, non-exclusive right to install the Product on your computer for demonstration and evaluation purposes only and you must agree to abide by and provide the terms of this Agreement to any evaluator.
(b) Production and Development Use: If this Product was purchased for production or development purposes, GEOVAP grants you a non transferable, non-exclusive right to install the Product and use it for your purposes.
(c) Use on a Terminal Server: If this Product was licensed for use on a system configured as a Terminal Server, GEOVAP grants you a non-exclusive right to install one copy of the Product on a single Terminal Server computer and to run the number of sessions of either the Development use, Runtime use or Read-Only use of the Product that you are entitled to based upon the number of licenses you purchased from GEOVAP. You may transfer the Product to another computer, provided that it is removed from the computer from which it is transferred. You may not transfer the Product to anyone else. You may make one copy of the Product in machine-readable form solely for back up purposes, provided that you reproduce all proprietary notices within the Product.
If you have purchased or received Option Disks, Updates and/or Additional licenses as set forth on your invoice or purchase order form, all terms of this Agreement shall apply to these Option Disks, Updates and/or Additional licenses purchased by or provided to you.
The Product is copyrighted by GEOVAP and contains valuable trade secrets of GEOVAP or its suppliers, and you may not disassemble, decompile, update, revise, reverse engineer, or enhance the Product. You may not duplicate or make copies of the CD.
The Product is warranted against functional defects found during a period of 90 days after ship date. GEOVAP's sole obligation shall be to correct any such defect in a manner chosen by GEOVAP in its sole discretion. The cost of travel to and living expenses at your site required to make any corrections, whether or not within the warranty, will be billed to you at GEOVAP's discretion. GEOVAP shall replace the media on which the Product is recorded without charge if the media proves defective within 90 days after delivery.
This warranty (i) does not extend to defects arising from changes made to the Product or the hardware with which it is intended to operate, (ii) will be rendered void by any evidence of tampering with the product, and (iii) does not extend to any hardware components, subsystems peripherals, or other non-GEOVAP-developed Product whether or not supplied by GEOVAP.
Except as provided above, the Product is licensed to you (and any hardware delivered by GEOVAP is delivered to you) “AS IS,” and to the maximum extent permitted by applicable law GEOVAP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
GEOVAP's agreed maximum liability (“Agreed Maximum Liability”) arising in any manner (a) from the use of the Product or any associated hardware; (b) from any personal injury and/or property damage or downtime arising from inaccuracies or malfunctions caused by hardware or media defects; or (c) otherwise from this Agreement, shall be two times the amount paid by you to GEOVAP for the use of the Product.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GEOVAP AND OR ITS SUPPLIERS SHALL HAVE NO LIABILITY BEYOND THE AGREED MAXIMUM LIABILITY FOR ANY LOST PROFITS OR DIRECT DAMAGES, AND NO LIABILITY WHATSOEVER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING FROM THE USE OF THE PRODUCT OR ANY ASSOCIATED HARDWARE. YOU RELEASE GEOVAP FROM AND AGAINST ALL LIABILITY BEYOND THE AGREED MAXIMUM LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE OR DOWNTIME ARISING EITHER DIRECTLY OR INDIRECTLY FROM SUCH INACCURACIES OR MALFUNCTIONS.
It is your responsibility to determine the suitability of the Product for your purposes. You acknowledge that 100% “up” time is not realizable because of possible hardware or Product defects. You recognize that such defects and failures may cause inaccuracies or malfunctions.
GOODS AND OR SERVICES LICENSED HEREUNDER ARE NOT FOR USE IN ANY NUCLEAR AND RELATED APPLICATION. You accept goods and or services with the foregoing understanding, agree to communicate the same in writing to any subsequent users and to defend, indemnify and hold harmless GEOVAP from any claims, losses, suits, judgements and damages, including incidental and consequential damages, arising from such use, whether the cause of action be based in tort, contract, or otherwise, including allegations that GEOVAP's liability is based on negligence or strict liability.
You agree to have internal review procedures to insure the Product and Documentation are used only in accordance with the terms and conditions of this Agreement.
GEOVAP, at any time during the life of this Agreement, within 30 days notice and during normal business hours, may audit these internal procedures and the appropriate records to verify your compliance with the use of the GEOVAP Product and Documentation. Such audit shall be at GEOVAP's expense, except that you will be responsible for all amounts found in such audit to be due to GEOVAP plus interest on the unpaid sums. If the amounts due to GEOVAP exceed 5% of the payments actually made to GEOVAP during such audited period, You shall pay the cost of the audit, and GEOVAP at its option may terminate your license and this Agreement.
This Agreement is effective until terminated. You may terminate this Agreement at any time by removing from your computer and destroying all copies of the Product. Unauthorized copying of the Product or Documentation or failure to comply with the terms and condition of this Agreement shall result in automatic termination of your license and this Agreement and make available to GEOVAP all legal remedies. Upon termination of this Agreement, you must destroy the Product, accompanying Documentation, and all back up copies.
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