By downloading, purchasing or continuing to
use any software that gSpatial.net supplies, you are agreeing to all the
terms and conditions stated below. Should you not agree to all these
terms, you are in terms hereof obliged to immediately cease operating the
software, uninstall it from any computers, and erase any copies of said
software.
1. LICENSE TO USE. gSpatial.net grants you a non-exclusive and
non-transferable license for the internal use only of the accompanying
software, database, data structures and documentation and any error
corrections provided by gSpatial.net (collectively "Software"),
by the number of users and the class of computer hardware for which the
corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to
Software and all associated intellectual property rights is retained by gSpatial.net
and/or its licensors. Except as specifically authorized in any
Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless enforcement
is prohibited by applicable law, you may not modify, decompile, or reverse
engineer Software. You acknowledge that Software is not designed, licensed
or intended for use in the design, construction, operation or maintenance
of any nuclear facility. gSpatial.net disclaims any express or implied
warranty of fitness for such uses. No right, title or interest in or to
any trademark, service mark, logo or trade name of gSpatial.net or its
licensors is granted under this Agreement.
3. LIMITED WARRANTY. Software is provided "AS IS", and you
hereby acknowledge that you use it at your sole and exclusive risk. gSpatial.net
does NOT guarantee that software you download or purchase from this site
will operate trouble free or free of errors under all circumstances. Your
exclusive remedy and gSpatial.net's entire liability under this limited
warranty will be at gSpatial.net's sole discretion to replace Software
media or refund the fee paid for Software, which refund shall specifically
be limited to the purchase amount of the software, and explicitly excludes
any further amounts of any nature that you may have paid to gSpatial.net,
not explicitly related to the purchase amount of the software, including
but not limited to data provided, consulting fees or additional
development work carried out by gSpatial.net.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT WILL gSpatial.net OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY,
ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN
IF gSpatial.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no
event will gSpatial.net's liability to you, whether in contract, tort
(including negligence), or otherwise, exceed the amount paid by you for
Software under this Agreement, and specifically excluding any fees paid to
gSpatial.net over and above the initial purchase price of the software.
The foregoing limitations will apply even if the above stated warranty
fails of its essential purpose.
6. SUPPORT Any support on any software you may download from this or
other web sites, purchase from gSpatial.net, or otherwise obtain in any
way, is provided at the sole discretion of gSpatial.net. No warranty in
terms of support turnaround time, the provision thereof or availability of
support is implied by this agreement. Except where an explicit, separate
support contract and pre-paid service level agreement (SLA) is entered
into between you and gSpatial.net, all support, should Relogix choose to
provide any, shall be of a remote, electronic nature. An email address for
support shall be provided, which is monitored and responded to by gSpatial.net
at its sole discretion. No telephonic or on-site support is provided for
in terms of this license.
7. Termination. This Agreement is effective until terminated. You may
terminate this Agreement at any time by destroying all copies of Software.
This Agreement will terminate immediately without notice from gSpatial.net
if you fail to comply with any provision of this Agreement. Upon
Termination, you must destroy all copies of Software.
8. Governing Law. Any action related to this Agreement will be governed
by the law of the Republic of South Africa, regardless of the agency or
country from which or in which you purchased software originating from gSpatial.net.
No choice of law rules or jurisdiction will apply.
9. Severability. If any provision of this Agreement is held to be
unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in
which case this Agreement will immediately terminate.
10. Integration. This Agreement is the entire agreement between you and
gSpatial.net relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations
and warranties and prevails over any conflicting or additional terms of
any quote, order, acknowledgment, or other communication between the
parties relating to its subject matter during the term of this Agreement.
No modification of this Agreement will be binding, unless in writing and
signed by an authorized representative of each party.
11. Waivers, relaxations and indulgences. No waiver or relaxation
afforded to you by gSpatial.net, shall be deemed to be a modification of
the conditions of this agreement, unless explicitly stated in writing, and
committed to by duly authorized representatives of both parties.