Petrospace Software Licence Agreement
 

1. This is an agreement between Phenomatics Virtual Reality Software GmbH (Licensor) and Licensee, who is being licensed to use the named Petrospace Software.

2. Licensee acknowledges that this is a limited non-exclusive license which is not time-restricted. Licensor is and remains the owner of all titles, rights, and interests in the Software.

3. This License permits the Licensee as a single named user to use the software.  Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make one copy of the Software for backup purposes only.

4. This Software is subject to a limited warranty. Licensor warrants to Licensee that the Software is distributed free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor's knowledge Licensee's use of this Software according to the printed documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of 90 days after delivery. THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty.

5. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: Licensee will provide full written details of the breach to Licensor, at Licensee's cost, along with proof of purchase.  At Licensor's option, Licensor will either send Licensee a replacement copy of the Software, at Licensor's expense, or issue a refund.

6. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE.

7. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.

8. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.

9. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.

10. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use or download of the Software.