IMPORTANT: The following is a legal license agreement ("Agreement") between you, the licensee and HighView software end user, and GeoSage. By downloading, installing, copying or otherwise using the software or its documentation, you agree to be bound by the terms and conditions of this Agreement. If you do not agree, do not download or install the software. Please read it carefully before proceeding. This Agreement contains warranty and liability disclaimers.

"The Software" in this Agreement means a version of HighView (a trial or general version), upgrades (if any) supplied by GeoSage, and all documentation therewith. "Trial Version" means a version of the Software to be used to evaluate the performance of the Software with limited features. "Trial Version" should not be used for any commercial purposes. "General Version" means a version of the Software to be used for academic teaching, research, government, consultancy and other commercial purposes.

The Software is licensed to you as the end user. It is not sold. You are granted a non-transferable, non-exclusive license which entitles you to use one copy of the Software on one computer.

License Restrictions

You may not and you may not permit others to:
1) Copy part or all of the Software, its documentation, except to make a single copy solely for backup purposes. Any such copy of the Software shall have the same proprietary notices appearing on or in the Software;
2) Use the Software on a network server to be accessed by multiple simultaneous users;
3) Merge the Software with any other applications;
4) Modify, adapt, translate, or create derivative works based on the Software;
5) Decompile, disassemble, reverse engineer, or otherwise interfere or derive source code from the Software;
6) Rent, lease, sell or supply the Software to any other party;
7) Assign or grant sub-licenses of any of your rights under this Agreement;
8) Use the Software in any way that infringes the intellectual property or other rights of another party.

If there is any upgrade version of the Software provided to you, it is provided on a license exchange basis. You agree to terminate your use of the earlier version of the Software and not to transfer the earlier version of the Software to any other person or computer. You should use the upgrade version of the Software only in accordance with the terms of this Agreement.

Ownership and Intellectual Property Rights

This Agreement gives you limited rights to use the Software. GeoSage owns and retains any and all rights, title and interest, including all intellectual property rights, in and to the Software, its documentation, and all copies thereof. All rights not specifically granted in this Agreement are reserved by GeoSage. You shall promptly inform GeoSage as soon as you become aware of any infringement of the intellectual property rights in the Software.

Disclaimer of Warranty

GeoSage has necessary resources, knowledge and skills to provide the Software and services offered, and every effort has been made to ensure the accuracy of all information on this website. Notwithstanding this, the information, Software, and services delivered on this website are distributed "AS IS", with no warranties of any kind, whether expressed or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. GeoSage does not warrant that the functions of the Software will meet your requirements, or that its performance will be uninterrupted or error-free, or that defects in the Software will be corrected. No oral or written information or advice given by GeoSage shall create a warranty or in any way increase the scope of any warranty provided herein.

Limitation of Liability

You understand and expressly agree that the use of the Software and this website is at your sole risk. Under no circumstances, including without limitation the negligence of any party, shall GeoSage be liable for any direct, indirect, incidental, special, consequential or other damages under any theory of law (including but not limited to, damages for economic loss, loss of profits, goodwill, revenue, anticipated savings, interruption of business activity, loss of business information, or damage to your computer systems) arising out of the use or inability to use the Software, services, or this website, whether or not such loss or damage was foreseeable and even if GeoSage shall have been advised of the possibility of such loss or damages. Liability of GeoSage for any claim by any party relating to this Agreement or its subject matter, whether in contract, tort (including without limitation negligence, strict liability), equity, under statute, under an indemnity, or on any other basis, shall in no event exceed the amount paid by the licensee for the Software and services provided. You agree not to use the Software in any state or country that does not allow the exclusion or limitation of liability for indirect, incidental or consequential damages.

Links

There are links on this website. Neither these sites nor the companies they belong to are operated or controlled by GeoSage, and GeoSage makes no representations about information, products, or services provided in these sites. You should research and assess the risks which may be involved. GeoSage shall have no liability thereof.

Termination

Your license to use the Software and your rights under this Agreement will terminate automatically without notice from GeoSage if you fail to comply with any term or condition of this Agreement. Upon the termination of this Agreement, you must immediately destroy the original and any copy of the Software and related documentation. Upon termination, all the terms of this Agreement which operate to protect the rights of GeoSage shall continue in force.

Refund Policy

We at GeoSage want you to be happy with your purchase of our products. One of the main techniques that we adopt to achieve this is to allow you to evaluate the Software before you buy. Therefore, you are encouraged to download a trial version, or read more about the Software before purchasing. Following normal industry practices, once you have made your purchase, GeoSage does not offer a refund to you for the Software. If you experience any problems, please send email to us.

General

This Agreement shall be governed by the laws in force in the State of New South Wales, Australia, without giving effect to rules of conflict of laws; and you hereby agree to submit to the exclusive jurisdiction of the Courts of New South Wales to resolve any disputes relating to this Agreement or its subject matter. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply with regard to this Agreement or the parties' relationship. No alteration, amendment, waiver, cancellation or other change to this Agreement will be enforceable against GeoSage unless we give our express consent in writing signed by us. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. The failure or delay of GeoSage to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be construed a waiver of those rights or of this breach. You acknowledge that this Agreement is the complete and exclusive agreement with respect to the subject matter hereof between you and GeoSage which shall supersede all prior and contemporaneous agreements and understandings, whether oral or written, between the parties. All questions concerning this Agreement shall be directed to us.