NOTICE TO USER: THIS IS AN AGREEMENT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. The term "Software" shall include this Software and any upgrades, modified versions or updates of the Software licensed to you by Paradigm Geotechnology B.V. ("Paradigm"). The Term "Agreement" shall include this Agreement and the purchase forms signed by you as a condition to the purchase of the Software. Please read this Agreement carefully. At the end, you will be asked to accept this Agreement and continue to install or, if you do not wish to accept this Agreement, to decline this Agreement, in which case you will not be able to use the Software. Upon your acceptance of this Agreement, Paradigm grants to you a nonexclusive license to use the Software, provided that you agree to the following: 1. Use of the Software. You may install the Software on a hard disk or other storage device, all subject to the rights of installation granted to you. Subject to the terms and conditions of this Agreement, you are granted a license to a single user, single processor, Node-Locked or LAN Floating, non-exclusive, nontransferable right to use the Software solely for your internal business purposes, and for a specified period, all in accordance with the purchase forms; you shall not; (i) permit access to the Software through more then the licensed number of copies and (ii) permit access to the Software through more than the licensed number of Hardware components and/or Hardware configuration, (iii) permit access to Software product configurations other than the those specified, all in accordance with the purchase forms. You are permitted the use of only one (1) copy of the Software at any time as obtained with this license, as the primary copy, and the production of only one (1) back-up or archive copy. The back-up or archive copy may not be installed and operative at the same time as the primary copy. You may not rent or lease the Software. But you may transfer the Software on a permanent basis provided you retain no copies and the recipient agrees to accept all of the terms of this Agreement. You may not sublicense, assign, or transfer the Software except as expressly provided under this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or responsibility hereunder is void. 2. Copyright and Trademark Rights. All title and copyright in and to the Software, (including but not limited to, images, photographs, animations, video, audio, and text in the Software), all printed materials, all hardware and all Software are owned by Paradigm. The Software is protected by all relevant copyright and patent laws, and international treaty provisions. You may use trademarks only insofar as required to comply with installation rights specified in the purchase forms related to this Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. 3. Restrictions. You may not save, or permit any third party to save, any Materials or any portion thereof for use with any information retrieval and/or provision service. Except to the extent you download and print Materials for your personal and non-commercial use, you may not modify, adapt, translate, decompile, reproduce, distribute, transmit, disseminate, process, publish, license, create derivative works from, provide any third party access to, transfer, assign, or sell any of the materials and or disassemble or otherwise attempt to discover the source code of the Software 4. Warranty. Scope of Warranty & Disclaimers Paradigm warrants that the Software was developed with reasonable diligence and skill and that it substantially conforms to published documentation and source files. The Software is warranted for a period of 90 days from date of installation, to be free from material defects in workmanship. Paradigm's sole responsibility under this Warranty shall be to correct or repair any Software which does not so conform, provided that you notify Paradigm in writing during the Warranty period. Except as expressly provided above, the Software is accepted 'AS IS', without any further warranties. The Warranty does not cover, and Paradigm shall not be responsible for any failure or defect and any resulting damage caused by installation or use of Software not furnished by Paradigm, accident (including damage during shipment), neglect, misuse or use of Software on platform other than as specified by Paradigm. Further, this Warranty does not cover defects or failures resulting from modifications or installation by someone other than Paradigm or its authorized representatives. Warranty Limitations THE ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY PARADIGM. PARADIGM MAKES AND YOU RECEIVE NO OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OR CAPABILITY IN WHOLE OR IN PART, OF THE SOFTWARE, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS STATED EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR OBLIGATIONS OF PARADIGM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE DELIVERY, USE OR PERFORMANCE IN WHOLE OR IN PART, OF THE SOFTWARE. THIS WARRANTY DOES NOT COVER AND PARADIGM AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY FAILURE OR DEFECT AND THE RESULTING DAMAGE CAUSED BY THE USE OF THE SOFTWARE. PARADIGM SPECIFICALLY DOES NOT WARRANT THAT THE SOFTWARE CONFORMS TO ANY RELATED STATUTE OR REGULATION AND INDICATES THAT NOTHING STATED OR IMPLIED BY PARADIGM, ITS AFFILIATES AND ITS REPRESENTATIVES IS TO BE CONSIDERED LEGAL COUNSEL. FURTHER, PARADIGM, ITS AFFILIATES AND ITS REPRESENTATIVES BEAR NO RESPONSIBILITY TO NOTIFY LICENSEE OF ANY REGULATORY CHANGES WHICH MAY LIMIT THE USE OF THE SOFTWARE. Liability Limitations Paradigm and its affiliates and representatives shall have no liability with respect to its obligations under this Agreement for any loss of profits or other economic loss or for consequential, special, exemplary, or incidental damages even if Paradigm has been advised of the possibility of such damages. Paradigm's sole liability, including, without limitation, liability arising out of contract, negligence, and strict liability in tort or warranty, shall not exceed any amounts actually paid by you for the Software. In no event will Paradigm or its affiliates or representatives be liable for costs of procurement of substitute Softwares by yourself. In no event will Paradigm or its affiliateor representatives be liable for any special consequential or incidental damages, however caused, whether as a result of breach of warranty, negligence, or otherwise. INDEMNITY Non-Infringement Paradigm will indemnify, defend and hold you harmless, up to any amounts actually paid by you for the Software, against any cost or expense claimed against you to the extent that any Software system used within the scope of this Agreement infringes on any patents, copyrights, license or other property right provided that Paradigm is immediately notified in writing of such claim. Paradigm shall have the right to control the defense of all such claims, lawsuits and other proceedings. In no event shall you settle any such claim, lawsuit or proceeding without Paradigm's prior written approval. Paradigm shall have no liability or obligations under this Paragraph if the claimed infringement results from alterations or modifications in whole or in part, to the Software or combinations in whole or in part of the Software with other programs or data not furnished by Paradigm or your use of other than a current, unaltered release of the Software if such claim would have been avoided by the use of a current, unaltered release of the Software, except as otherwise stated herein, and you agree to indemnify Paradigm for any costs and damages that may be awarded against Paradigm on account thereof. The forgoing states the entire liability of Paradigm with respect to infringement of any copyrights, patents, or other property right by the Software or any parts thereof. 6. Governing Law This Agreement and performance hereunder shall be governed by the laws of the State of New York, U.S.A. The sole jurisdiction for any legal proceedings under this Agreement shall be in the State of New York. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Paradigm. YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION.