http://www.seequent.com/oasis-montaj-field/trial/terms-and-conditions/

Oasis montaj Field early adopter program Terms and Conditions

IMPORTANT - PLEASE READ

These terms and conditions (the Terms) apply to the access and use of ‘Oasis montaj Field’ and the right to participate in Seequent’s early adopter program (EAP) with Geometrics. By submitting a request to participate in the EAP, and by clicking the “Submit Form” button, you agree on behalf of the company, organisation or party that you are authorised to represent (the Customer) to comply with these Terms.

The Customer acknowledges and agrees that:
(1) it meets the Eligibility Criteria (set out in the table below) to participate in the EAP. If the Customer does not meet the Eligibility Criteria, the Customer will not be able to participate in the EAP, and Seequent may reject the request to participate.
(2) the New Product (set out in the table below) is not generally available and may have minor defects or other deficiencies. Notwithstanding this, the New Product will be production-ready and materially free of bugs that will impact day to day use of the New Product.
(3) the purpose of the EAP is to evaluate the New Product before a general commercial release.
(4) it must meet the Participation Criteria (set out in the table below) during the EAP. If the Customer cannot meet the Participation Criteria, Seequent may excuse the Customer from the EAP, and the Customer will lose access to the New Product.
(5) Seequent does not have a guaranteed release date for a production version of the New Product.
(6) participation in the EAP is available from 29 October 2021 to 29 April 2022. The Customer will have access to use the New Product for a period of 3 months from the date of confirmation of the Customer’s request to participate in the EAP.
These Terms must be read in conjunction with the Product Terms and User Terms. Where there is any inconsistency between these Terms and the Product Terms, then these Terms will apply.

EAP SPECIFIC TERMS

Items	Details
Eligibility Criteria	The Customer must be a new or existing customer of Geometrics and have been provided a link to participate in the EAP by Geometrics.
Description of New Product	Seequent is developing the new product Oasis Montaj Field, which is a Seequent solution for processing geophysical data in the field during data collection, and building the master database (New Product).
EAP Duration	Three (3) months
Participation Criteria	Each User must have a Seequent ID to access and use the New Product. Active Participation: The Customer must actively use the New Product during the EAP. Feedback: The Customer must produce truthful and accurate feedback regarding the New Product to enable Seequent to continue to develop and enhance the performance and capabilities of the New Product and to identify and remedy defects. Seequent will request feedback at least once during the EAP. Meetings: The Customer agrees to attend virtual or in-person meetings with a Seequent Representative at least once prior to the end of the EAP. The Customer is responsible for ensuring it can meet the system requirements:https://www.seequent.com/help-support/system-requirements/oasis-montaj-and-target/ Testimonials: On termination or expiry of the EAP, the Customer agrees that a representative will participate in a case study or provide a testimonial regarding the New Product on request of Seequent. The Customer agrees to complete all other documentation related to the Testimonial as reasonably required, such as an image release.
Access to the New Product	Seequent will provide Users access to the New Product via the Seequent ID.
Documentation for the New Product	Seequent will provide documentation related to the New Product to each User.
Support for the New Product	Seequent will provide limited support to the Customer for the EAP Duration. Support will include support installing and accessing the New Product and access to a forum (which will be created and moderated by Seequent).

1. ACCESS AND USE OF THE NEW PRODUCT

1.1 Subject to these Terms, Seequent grants the Customer a non-exclusive, non-transferable, non-sublicensable and non-assignable license to allow an authorised end user of the Customer to access and use the New Product for the EAP.

1.2 These Terms do not provide a license to access and use the New Product after the EAP End Date. Continued use of any products or services made available by Seequent, including the New Product, is subject to the parties entering into and executing a separate agreement.

2. FEEDBACK

2.1 In respect of any Feedback or Meetings, key discussion points will be derived from the automated usage reporting Seequent receives. However, the Customer is expected to also provide general comments, suggestions and feedback regarding the New Product, including but not limited to usability, bug reports and test results for software testing.

2.2 Seequent will be the exclusive owner of all Feedback received and shall have full rights of ownership, including without limitation the worldwide, exclusive, perpetual, irrevocable, royalty-free, fully paid-up right: (i) to make, use, copy, modify, sell, distribute, licence and create derivative works of the Feedback as part of any Seequent product, technology, service, specification or other documentation (individually and collectively, Seequent Products); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Seequent Product; and (iii) to license to third parties the foregoing rights, including the right to sublicence to further third parties.

3. TERMINATION

3.1 The EAP will terminate at the earlier of: (i) Seequent’s notice to the Customer; or (ii) the end of the EAP unless Seequent agrees to extend the EAP (which agreement can be withheld at Seequent’s discretion).

3.2 Unless otherwise agreed, upon the expiry or termination of the EAP, the rights granted to the Customer and access and use of the New Products will terminate. The Customer must immediately cease using and return to Seequent (or at Seequent’s request, destroy) the New Product, including all documentation and other items in the Customer’s possession or control that are proprietary to or contain Confidential Information. Seequent shall have the right to block the Customer’s access to and use of the New Product.

4. CONFIDENTIAL INFORMATION

4.1 The parties acknowledge and agree that by participating in the EAP, each party (the Disclosing Party) will be required to disclose confidential information to the other party (the Receiving Party), for testing, trialing and further developing the new New Product (the Authorised Scope of Disclosure). The Receiving Party must at all times ensure the confidentiality of the Confidential Information and ensure that its officers, employees and agents do not disclose, communicate, copy or reveal for any purpose whatsoever the Confidential Information except as permitted under these Terms. For the purposes of this clause, Confidential Information includes the New Product and related documentation, information relating to the customer account and any other information provided by Disclosing Party to Receiving Party as confidential, or which from its nature and content is, or would reasonably be expected to be, confidential. The obligations under this clause will survive termination of these Terms.

5. INTELLECTUAL PROPERTY

5.1 The Parties agree that ownership of all intellectual property rights subsisting in the Confidential Information including all improvements, adaptations, or modifications to intellectual property subsisting in the Confidential Information will belong to and be assigned to the Disclosing Party of the Confidential Information and any new or developed intellectual property which is based on the Confidential Information will belong to and be assigned to the Disclosing Party of the Confidential Information unless otherwise agreed by the Parties in a separate agreement.

5.2 For the avoidance of doubt, title to the New Product and all copies thereof remain with Seequent (or its suppliers). The New Product is copyrighted and is protected by international copyright laws and treaty provisions. The Customer will not remove copyright notices from the New Product. The Customer shall prevent any unauthorised copying of the New Product. No intellectual property rights are granted to the Customer in any way, including under Seequent patents, copyright, trade marks or trade secret information.

5.3 Intellectual property in the Customer Data is defined and subject to the terms in the Product Terms.

6. EXCLUSION OF LIABILITY

6.1 The Customer acknowledges and agrees that the New Product licensed these Terms is provided on a licence fee-free basis. The New Product is believed to contain defects, and a primary purpose of this EAP is to obtain feedback on the New Product’s performance and the identification of defects. Seequent provides no guarantee as to the correct functioning or performance of the New Product or accompanying materials. The Customer agrees that it is advised to safeguard data, use caution, and not rely in any way on the correct functioning or performance of the New Product or accompanying materials.

6.2 Provision of New Product under these Terms is experimental, and Seequent is not bound to continue to develop, productise, support, repair, offer for sale or in any way continue to provide or develop the New Product either to the Customer or any other party. Seequent is under no obligation to provide technical support under the EAP and provides no assurance that any specific errors or discrepancies in the New Product will be corrected.

6.3 The New Product is provided “as is”. All representations or warranties (statutory, express or implied except any which may not lawfully be excluded) are expressly excluded, including any implied warranties of merchantability and fitness for a particular purpose. In no event shall Seequent or its suppliers be liable for any damages whatsoever, including without limitation, damages for loss of profits, business interruption, loss of information, arising out of the use or inability to use the New Product, even if Seequent has been advised of the possibility of such damages.

6.4 The Customer agrees that its use of the New Product and the results of the use of the New Product (in terms of accuracy, correctness, reliability and performance) are at its sole risk. The Customer acknowledges that the New Product operates in a predictive manner relative to input, of which Seequent has no control over the collection, use or interpretation.

7. GOVERNING LAW

7.1 These Terms are agreed and entered into by the Customer and Geosoft Inc and its affiliates with its registered office at 207 Queens Quay West, Suite 810, Toronto, Ontario, M5J 1A7, Canada. These Terms and any disputes arising out of or in connection with the use and access of the New Product will be is governed exclusively by the laws of Ontario, Canada without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts of Ontario, Canada have the exclusive jurisdiction to adjudicate any dispute arising out of or in relation to these Terms.