Beta Program Terms of Service

GEOSOFT INC. LICENSES THIS SOFTWARE PRODUCT OR SERVICE TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT" or "EULA"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND USING THIS COMPUTER SOFTWARE OR SERVICE AND THE ACCOMPANYING DOCUMENTATION. THE SOFTWARE OR SERVICE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE OR SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE OR SERVICE.

THIS EULA IS A LEGAL AGREEMENT CONCERNING THE SOFTWARE OR SERVICE BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY AND GEOSOFT INC. THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH GEOSOFT INC. RELATING TO THE SOFTWARE OR SERVICE.

Assent to Be Bound

By clicking the "I accept the terms..." checkbox on the beta tester page, or by installing, copying or otherwise using this Software or Service, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not download, order, open, install or use the Software or Service.

BETA DISCLAIMER

THE BETA SOFTWARE OR SERVICE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE SOLE PURPOSE OF PROVIDING GEOSOFT INC. WITH FEEDBACK ON QUALITY, USABILITY, PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. THE POSSIBILITY OF THE CORRUPTION OF DATA AND/OR THE LOSS OF DATA EXISTS. GEOSOFT INC. STRONGLY ENCOURAGES YOU TO BACK UP ALL DATA AND INFORMATION. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE USE OF THE SOFTWARE OR SERVICE.

GEOSOFT ID

To sign-in and activate the Software or Service, you must use your existing Geosoft ID or setup a new Geosoft ID if you do not already have one. For more information go to: https://my.geosoft.com or review our Privacy and Terms of Service pages at: http://www.geosoft.com/privacy.

Confidentiality

You agree that, unless otherwise specifically provided herein or agreed by the Geosoft Inc. in writing, the Software and the Documentation, including the specific design and structure of individual programs and the Software, provided to you by GEOSOFT INC. constitute confidential proprietary information of GEOSOFT INC. You shall permit only authorized users, who possess rightfully, obtained license keys, to use the Software or to view the Documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Geosoft Inc. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Software provided to you by Geosoft Inc. You will use your best efforts to cooperate with and assist Geosoft Inc. in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof.

Feedback

As part of using the Product or Service, Geosoft will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Product or Service. You agree that in the absence of a separate written agreement to the contrary, Geosoft will be free to use any feedback you provide for any purpose.

Grant of License

Subject to the terms and conditions of this Agreement, Geosoft Inc. hereby grants to you a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Software or Service in accordance with the Documentation solely for purposes of internal testing and evaluation, and (ii) provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.

Beta-Software or Service Product Support

Geosoft is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software or Service will be corrected.

Ownership and Copyright of Software

You acknowledge and agree that Geosoft Inc. own all legal right, title and interest in and to the Software or Service. Title to the Software or Service and all copies thereof remain with Geosoft Inc. Licensee will not remove copyright notices from the Software or Service. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, Geosoft Inc. does not grant any express or implied right to you under Geosoft Inc. patents, copyrights, trademarks, or trade secret information.

Disclaimer

THE SOFTWARE OR SERVICE AND DOCUMENTATION ARE LICENSED "AS IS", AND GEOSOFT INC. DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, GEOSOFT INC. EXPRESSLY DOES NOT WARRANTS THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GEOSOFT INC. AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, GEOSOFT INC. AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

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