End User License Agreement (EULA)

Last updated: January 09, 2023

Trial and Training Licenses may be granted by Resource Modeling Solutions Ltd. to named Users subject to the following terms and conditions. For licenses purchased directly from Resource Modeling Solutions Ltd., the license conditions in the sales agreement prevail. The User acknowledges that the following terms apply for the Resource Modeling Solutions Platform distributed by the Licensor (Resource Modeling Solutions Ltd):

The Software is a suite of tools, examples, and documentation developed by the Licensor named the Resource Modeling Solutions Platform (RMSP) that is used for geological data analysis, as well as the geostatistical estimation or simulation (generalized by the term modeling) of geological properties across a sub-surface volume. Users may interact with this suite of tools through importing a Python programming language package that provides the described functionality.
The Software is designed for use with the operating system specified by the Licensor, and will require an appropriately configured computer system in order to properly use the Software.
Apart from the support and training services supplied by the Licensor provided herein, the User assumes sole responsibility for the control and use of the Software, including but not limited to:
- the proper configuration of appropriate computer hardware;
- the establishment of adequate back-up and disaster recovery plans;
- the selection of an operator or operators qualified to operate the Software;
- the input of accurate data; and
- the completeness and accuracy of any conclusions drawn from the information processed by the Software.
The User shall be solely responsible for any use of the Software and Documentation in the operation of the User’s business. The User shall be solely responsible for verifying any input and output resulting from the use of the Software if the User intends to use or solely rely upon such output for business purposes.
The Software and Documentation is restricted to use by the User solely for its own internal business purposes, including training, testing, and to process its own data.
All uses of the Software and Documentation not expressly permitted by a valid license agreement shall be prohibited. The User confirms that this includes, but is not limited to, the following actions:
- copying or otherwise reproducing the Software and the Documentation;
- using the Software for the processing of data of a third party for hire;
- modifying, adapting, changing or enhancing the Software or Documentation;
- including portions of the Software in other works to make create updated, related or derivative computer programs;
- decompiling, disassembly or reverse engineering of the Software;
- granting sublicenses, leases or other rights in or to the Software and Documentation;
- disclosing, displaying, publishing, selling, transferring, releasing or otherwise making the Software and Documentation available in any form to any person or entity except as expressly permitted by this agreement; or
- causing, assisting or permitting any third party, including the employees of the User, to do any of the above.
The User acknowledges that the Software and the Documentation, and all modified, related or derivative versions thereof, and all associated intellectual property rights related to the foregoing, are the sole and exclusive property of the Licensor. The User further acknowledges that the only rights which the User is obtaining to the Software and the Documentation is the right to use them in accordance with the terms set out by Resource Modeling Solutions Ltd.
The User shall treat the Software, Documentation and Confidential Information as proprietary trade secrets and the User shall use all commercially reasonable efforts to protect against the unauthorized use, duplication, disclosure or availability of the Software, Documentation and Confidential Information and any materials related thereto.
The User acknowledges that the Licensor shall be entitled to monitor and collect data regarding the usage of the Software by the User and the performance of the Software for the purposes of improving the Software, to protect intellectual property rights of the Licensor, to provide support to the User and other users of the Software, and to inform their future development and marketing of the Software. The Licensor shall maintain all data collected pursuant to this paragraph in the strictest of confidence and shall not disclose such data to a third party without the written consent of the User.
The Licensor makes no representations or warranties of any kind whatsoever, either express or implied, regarding the Software and the Documentation, and including, without limitation, any warranties relating to the fitness of these items for a particular purpose or any results derived from the use of the Software or Documentation. The Licensor does not warrant against interference with the User’s enjoyment of the Software, that the functions of the Software will meet the requirements of the User, that the operation of the Software will be error-free, or that defects in the Software will be corrected. The User agrees and acknowledges that Software and the Documentation are provided to the User “as-is”, and the User accepts the Software and the Documentation without representations or warranties of any kind from the Licensor. The User confirms that the use of the Software and Documentation by the User is at their sole risk. No oral or written information or advice regarding the Software given by the Licensor shall create a warranty.
The User indemnifies and holds the Licensor harmless from and against all claims including but not limited to actions, losses, costs, liabilities or any special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any commercial damages or losses to which the User may be put to or suffer arising out of or related to the use of the Software or the Documentation by the User.