VIEWER LICENSE 

This Software License Agreement is between Fugro USA Land Inc., (Fugro USA Land Inc. a Maryland Corporation, 7320 Executive Way, Frederick, Maryland 21704) and you, the individual or entity (sometime referred to as “You” and/or “Your” herein), who will use the Fugro USA Land Inc. software and instruction materials distributed by Fugro USA Land Inc. (collectively "Software" or "Viewer Software")).    

This Agreement accompanies the Fugro USA Land Inc. Viewer product and related explanatory materials ("Viewer Software"). The terms of the is Agreement shall apply to the Viewer Software as originally provided to you and  to any upgrades, modified versions or updates of the Viewer Software provided to you by Fugro USA Land Inc.  (which upgrades, versions or updates shall be deems “Viewer Software” under this Agreement).  PLEASE READ THIS AGREEMENT CAREFULLY. IT GOVERNS YOUR ACCESS TO AND USE OF THE VIEWER SOFTWARE. YOUR USE OF THE VIEWER SOFTWARE IS CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT. BY INSTALLING AND/OR USING THE VIEWER SOFTWARE, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not wish to accept this Agreement, do not install or use the Viewer Software. 
Upon your acceptance of this Agreement, Fugro USA Land Inc. grants to you a nonexclusive, royalty free license to use the Viewer Software, provided that you agree to the following: 
1. Use of the Viewer Software. 
You may:  
(a)	Install the Viewer Software on a hard disk or other storage device; install and use the Viewer Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Viewer Software over such network; and make backup copies of the Viewer Software. 
(b)	Make and distribute unlimited copies of the Viewer Software, including copies for commercial distribution, as long as each copy that you make and distribute contains this Agreement and the same copyright and other proprietary notices pertaining to this Software that appear in the Viewer Software. 
You may not:
(a)	Modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Viewer Software.
(b)	Use the Viewer Software for any purpose other than viewing files.
(c)	Remove any trademark or other indicia of ownership or add any trademark or indicia of ownership to the Viewer Software.
Your further acknowledge and agree that Fugro USA Land Inc. may discontinue support for the Viewer Software at any time and may change the file structures of files that are useable with the Viewer Software such that the Viewer Software may no longer be able display certain previously supported files.
2. Copyright and Trademark Rights. The Viewer Software is owned by Fugro USA Land Inc. and its suppliers, and its structure, organization and code are the valuable trade secrets of Fugro USA Land Inc. and its suppliers. The Viewer Software also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to provide appropriate attribution to Fugro USA Land Inc. 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 Viewer Software. 
3.	DISCLAIMER OF WARRANTIES.  THE VIEWER SOFTWARE IS PROVIDED "AS IS."  Fugro USA Land Inc. DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  Fugro USA Land Inc. DOES NOT WARRANT THAT THE OPERATION OF THE VIEWER SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK ARISING OUT OF THE SELECTION OF THE VIEWER SOFTWARE AND ITS USE AND PERFORMANCE REMAINS WITH YOU. 

4.	LIMITATION OF LIABILITY. Fugro USA Land Inc. WILL NOT BE LIABLE TO YOU OR ANY OF YOUR CUSTOMERS OR CLIENTS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR ANY LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, LOSS OF BUSINESS INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, AND THE LIKE) ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE USE OF OR INABILITY TO USE THE VIEWER SOFTWARE, EVEN IF Fugro USA Land Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

5.	General Provisions. This Agreement constitutes the entire and complete agreement between the parties with respect to the subject matter hereof and supersedes any and all prior agreements, oral or written, between the parties with respect hereto. This Agreement will not be modified, supplemented, or amended, except by written instrument signed or electronically accepted by both parties.  This Agreement will be governed by and construed in accordance with the laws of the State of Maryland excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Viewer Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. 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 Fugro USA Land Inc.. 
6.	Due Authority. If acting as an employee, you represent and warrant that the acceptance and performance of this Agreement have been duly authorized by all necessary action, that this Agreement is binding on your employer, and that you are duly authorized to enter into and accept this Agreement on behalf of your employer.  

7.	Effective Date. The effective date of this Agreement is the earliest of the date you clicked on an "Accept" button thereby entering into this Agreement, installed by You or used by You.




