COMMERCIAL LICENSE FOR TERRAIN CORRECTION PACKAGE

LICENSE

The Terrain Correction Package (henceforth referred to as the "software") is licensed, not sold. Geophysical Software, Inc., grants Commercial Licensees the following rights:

• The software is licensed to a particular Commercial office, not to the entire company. In other words, the license is not a company-wide license, but instead applies only to the individual company office obtaining the license.
• Within that company office, the software may be freely used by all employees. The number of machines upon which the software may be installed is not restricted, as long as such machines are only used by employees attached only to that particular office of the licensing company.
• The software may not be used by anyone not associated with the company purchasing the license. In particular, employees or officers of the company who leave the company may not use the software without obtaining a separate license to do so.

The licensing office or the company may not sublicense, rent, lease, or assign the software, or reverse assemble, reverse compile, or otherwise translate the software.

TRANFER OF LICENSE

Under certain conditions, the Licensee may request that a license already held may be transferred to another company office. If such a request is granted, the license may not be transferred to any other office, including the original office, until at least a year has passed since the original transfer took place. If a transfer of the license is granted, under no circumstances can the software be used by the original company office, as it relinquishes rights to use the software after transferring the license.

LIMITATIONS

We do not warrant that the software free from claims by a third party of copyright, patent, trademark, trade secret, or any other intellectual property infringement. Under no circumstances are we liable for any of the following:

• Third-party claims against you for losses or damages;
• Loss of, or damage to, your records or data;
• Economic consequential damages (including lost profits or savings) or incidental damages, even if we are informed of their possibility.

Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.

THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

• You may terminate this license at any time. We may terminate this license if you fail to comply with any of its terms. In either event, you must destroy all your copies of the software.
• You are responsible for the payment of any taxes resulting from this license.
• You may not sell, assign, or subcontract any of your rights or obligations under this license. Any attempt to do so is void. You may be permitted to transfer your rights, but only by permission of Geophysical Software, as explained above.
• Neither of us may bring a legal action more than two years after the cause of action arose.