License and Warranty GEOCOUNTS FILE MANAGER Software License (Version 2020-01-01 - English Language Only) FOR SOFTWARE SUPPLIED WITH PURCHASED TRANSMETRIC PRODUCTS OR SOFTWARE SUPPLIED AS AN EVALUATION OR DEMONSTRATION. ATTENTION: This is an End User License Agreement (EULA) between you (either an individual or a single entity) and Transmetric America Inc ("Transmetric"). By installing this software on your computer you are agreeing to be bound by the terms of this agreement, and to replace any existing GEOCOUNTS FILE MANAGER license with this license. This software product is provided under the following license, which defines what you may do with the product, and contains limitations on remedies and or warranties. LICENSE TRANSMETRIC SOFTWARE LICENSE, LIABILITY LIMITATION AND DISCLAIMER OF WARRANTIES INDIVIDUAL USE AND SINGLE ENTITY LICENSE Transmetric America Inc, ("we" or "us"), provides you with storage media containing computer programs, related documentation and accompanying websites (together called the "Product") and grants you a License to use the Product in accordance with the terms of this License. The GEOCOUNTS FILE MANAGER was designed, developed and produced by Transmetric America Inc. If you are an Individual, Transmetric grants to you as an individual a personal, non-exclusive license to make and use copies of the product in accordance with the terms of this EULA, provided that you are the only individual using the product. If you are an entity, Transmetric grants to you the right to designate one individual within your organisation to have the sole right to make and use copies of the product in accordance with the terms of this EULA. You may make a single copy of the GEOCOUNTS FILE MANAGER software for archive purposes only. You are not to make more than one copy of this product, nor make copies of the related documentation. If you, or your working associates, would like further individual use licenses, please contact us, and we will consider, at our sole discretion, to provide multiple further licenses. You may transfer the Product to someone else, only if you assign all of your rights under this License, cease all use of the Product, destroy any copy made in support of your use of the Product, and the other person agrees to the terms of this License. This software is protected by Australian, U.S. and international copyright law and cannot be copied or otherwise made available to more than one person at the same time, without violating the law. Transmetric reserves all rights not specifically granted in this document. The copyright and all other rights to the Product shall remain with our subsidiaries or us. You must reproduce any copyright or other notice marked on the Product on all copies you make. ADDITIONAL LIMITS ON USE Except as specifically described in this license, you may not transfer, rent, lease, lend, assign, copy, modify, translate, sublicense or electronically transmit or receive the GEOCOUNTS FILE MANAGER software. You acknowledge that the software in source code form remains a confidential trade secret of Transmetric and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. DURATION OF LICENSE A. If you received software supplied as an evaluation or demonstration, this License shall continue for three (3) months or until an updated version of the software is available. Notification of an updated demonstration version will be displayed on our World Wide Web site, addressed at www.transmetric.com. The License will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination. Termination of this license shall be in addition to and not in lieu of any other remedies available to us. B. If you received software supplied with purchased Transmetric Products, this License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination. Termination of this license shall be in addition to and not in lieu of any other remedies available to us. WARRANTY AND LIMITATION OF LIABILITY We warrant that the storage media in this Product will be free from defects in materials and workmanship for 90 days from the date you acquire it. If such a defect occurs, return it to us and we will replace it free. This remedy is your exclusive remedy for breach of this warranty. Because of the possibility of human or mechanical error by our sources or others, we do not guarantee the accuracy, adequacy, or completeness of the Product. You acknowledge that you have relied upon your own skill and judgement in deciding to acquire the Product. Except for the express warranty above, the Product is provided on an "as is" basis, without any other warranties, or conditions, express or implied, including but not limited to warranties of merchantable quality, merchantability or fitness for a particular purpose, or failure to provide support services, or those arising by law, statute, usage of trade or course of dealing. You assume the entire risk as to the results and performance of the Product, and you are responsible for verifying the results. Neither we nor our subsidiaries shall have any liability to you or any other person or entity for any direct, indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue or other commercial or economic loss, or loss of data, even if we have been advised of the possibility of such damages or they are foreseeable; or for claims by a third party. Our maximum aggregate liability to you, and that of our subsidiaries, shall not exceed the amount paid by you for the Product. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply to you. In the event that any of the above limitations or exclusions are held to be unenforceable, our total liability shall not exceed the amount paid for the product. GENERAL This license constitutes the entire agreement between you and us and any prior representations, statements or undertakings how so ever made are expressly cancelled. This license and limited warranty shall be governed by and construed in accordance with the laws of the State of Texas, and subject to the jurisdiction of the State of Texas. This license and limited warranty can only be modified in writing signed by you and an authorised officer of Transmetric. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the License and the other provisions shall remain in full force and effect. This software is intended for use in the country in which Transmetric sold it (or the EC if first sold in the EC). You have specific legal rights under this document, and may have other rights that vary from state to state and country to country. US GOVERNMENT RESTRICTED RIGHTS The software product and related documentation are provided with restricted rights. Duplication, use or disclosure by the US government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the rights in technical data and computer software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of commercial computer software - restricted rights at 48 cfr 52.227-19, as applicable. Manufacturer is Transmetric America Inc, Austin Texas. INTELLECTUAL PROPERTY Copyright (c) 2005 – 2020 Transmetric America Inc. All rights reserved. Transmetric, GEOCOUNTS, "Make Every Survey Count" are registered trademarks of Transmetric in the United States of America and Australia. All other trademarks are the property of their respective owners. Other Transmetric intellectual property including Patents and designs may be protected by international law. The furnishing of this product, accompanying product or any related documentation or materials does not give you any license to this intellectual property beyond the strict terms of the associated Transmetric EULA.