END-USER LICENSE AGREEMENT
IMPORTANT NOTICE TO USER – PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
This License is a legal agreement between you (the "Licensee") and Fonix Geoscience AS (the "Company"), organization number NO 833 704 672 MVA, located at Breistølen 41, 5034 Bergen, Norway, for the use of the LIME Software (as defined in this License).
By installing and/or using the Software, you agree to be bound by the terms of this License, including, in particular, the limitations on use and liability. If you are installing the Software on behalf of your employer or another organization, you confirm that you are authorized to bind them to this License. If you do not agree to these terms, do not install or use the Software.
Key Definitions
"Company" - Fonix Geoscience AS with organisation no. NO 833 704 672 MVA, Breistølen 41, 5034 Bergen, Norway
"Computer" - personal computer (including tablet personal computer), laptop computer or similar hardware provided that where such hardware is networked it will mean one physical terminal only
"Licensee or you" - individual or
single entity wishes to license use of the compiled code of the Software,
subject to the terms and conditions of this License.
and "your" will be construed accordingly
"Software" - the machine-readable version of the software (including (if any) an electronic copy of related manuals or other documentation) all as specified Today on the Website
"Term" - The predetermined period beginning at the installation date and for the duration of the lease, evaluation period, or other period as agreed between the Company and Licensee
"We or us" - Fonix Geoscience AS (organisation no. NO 833 704 672 MVA), Breistølen 41, 5034 Bergen, Norway
"Website" - www.fonixgeo.com/lime
1. GRANT AND SCOPE OF LICENSE
1.1. In consideration of your agreement to abide by the terms of this License, the Company grants to you a non-exclusive, non-transferable license to use the Software solely for your own internal use only and for no other purpose: (a) for the Term of the license in compliance with the license type, (b) within the license scope relevant to the license type, (c) subject to the terms of this License.
1.2. License Types
1.2.1. Single-User Hardware-Locked License: If the License acquired is a Single-User Hardware-Locked License, it allows installation and use of the Software by one individual only. If purchased by a legal entity, the License may be assigned to one specifically named employee. A Single-User Hardware-Locked License permits installation and use on one computer at a time and only by the same individual.
1.2.2. Multi-User Hardware-Locked License: If the License acquired is a Multi-User Hardware-Locked License, it allows installation and use of the Software on multiple computers, up to the maximum number of permitted users acquired. The number of concurrent users must never exceed the maximum number of permitted users under the Multi-User Hardware-Locked License.
1.2.3. Educational License: If the License acquired is an Educational License, its scope is limited to educational and non-profit research purposes. The Software, when used under an Educational License, including any materials created with it, shall not be used for commercial purposes.
1.2.4. Trial License: If the License acquired is a Trial License, it allows installation and use of the Software on one computer only and on a non-perpetual basis. You may use the trial version of the Software for evaluation purposes only, during the trial term. The Software, when used under a Trial License, shall not be used for commercial purposes. To continue using the full version of the Software after the trial term expires, you must pay the applicable license fee and obtain a full License as set out on the Website.
1.2.5. Floating License: If the License acquired is a Floating License, it is granted for subscriptions purchased for a predetermined period of time for a specified number of concurrent users. The License is valid for the duration of the subscription and applies to the first distinct users that connect to the license server.
1.2.6. No Paid License: If no paid License is acquired, the Software may be installed and used only as a read-only viewer.
1.3. You acknowledge that:
1.3.1. the Software is provided "as is" without any representation, guarantee or warranty as to its functionality;
1.3.2. the Company does not warrant that the Software is error-free or will operate without interruption;
1.3.3. you are responsible for ensuring the Software meets your needs and for any results obtained from its use;;
1.3.4. the Company has tested the Software for bugs or errors, but cannot guarantee nor confirm that the Software is free such issues;
1.3.5. while the Company has checked the Software for viruses using commercially available virus checking software, the Company cannot confirm that the Software is virus free and gives no warranty to that effect;
1.3.7. it is not the responsibility of the Company to ensure that you are able to use the Software (for example by ensuring that you have the necessary hardware to run the Software) or that the Software meets your requirements, and if it does not, Company shall have no liability to you; and
1.3.8. you have no right to use the Software in source code form or in unlocked coding or with comments.
2. DATA PROTECTION
2.1. The Company is administering this License. The Company will only use the personal information which you provide to grant this License, to administer personal preferences in the Software, or to inform you about the Software, as applicable, unless you tell us in writing that you do not want to receive this information. The Company will not pass your data to third parties other than to credit reference agencies. You agree that we may do this.
3. ACTIVATION
3.1. Once you have accepted the terms of this License, the Company will endeavour to activate the Software or provide a means of activation immediately, unless otherwise specified on the Website. If activation cannot occur immediately, the Company will use reasonable efforts to activate the Software within seven (7) days of your acceptance. This does not oblige the Company to incur additional costs.
3.2. You must maintain an Internet connection that allows communication between your equipment and the Company's license server for validation and reconfirmation of your License throughout the Term. You are responsible for all costs associated with this connection.
3.3. If activation is delayed due to factors beyond the Company's control, the Term will not begin until activation has occurred.
4. LICENSEE'S UNDERTAKINGS
4.1. You undertake:
4.1.1. not to copy the Software except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
4.1.2. not to rent, lease, host via the Internet, sub-license, loan, translate, merge, adapt, vary or modify the Software;
4.1.3. not to use the Software in a virtualized environment without obtaining separate licenses for each copy of the Software running on a virtual computer, as if it were a physical Computer;
4.1.4. not to make alterations to, or modifications of, the whole or any part of the Software nor to permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
4.1.5. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor to attempt to do any such things;
4.1.6. to supervise and control use of the Software and ensure that the Software is used by your employees in accordance with the terms of this License; and
4.1.7. not to provide, or otherwise make available, the Software in any form, in whole or in part to any person other than your employees. This includes not providing or otherwise making available program listings, object and source program listings, object code and source code,
4.1.8. not to use the Software to assist in the development or design of a computer software program or other technology that is intended to provide substantially similar or similar functionalities, or graphical user interfaces (GUI), substantially similar or similar to the Software,
except as expressly set out in this License or as permitted by law.
5. SOFTWARE SUPPORT
5.1. The Company shall provide basic software maintenance and email support for the Software. Such maintenance may include error corrections, bug fixes, and minor updates or patches as the Company deems necessary.
5.2. Basic email support shall be available to assist users with installation, configuration, and general usage questions related to the Software. The Company will use reasonable efforts to respond to support inquiries within a commercially reasonable timeframe.
5.3. Except as expressly stated above, the Company assumes no further obligation to provide assistance of any kind, including but not limited to on-site support, guaranteed response times, feature enhancements, or major new releases.
5.4. Priority Support. The Company may offer enhanced or priority support services under a separate written agreement (Priority Support Agreement). Such services may include expedited response times, extended assistance with specific datasets, formats, or integration issues, and other forms of advanced technical support. Priority Support is not included in the standard license or subscription and must be purchased separately.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Your only right to use the Software is by virtue of this License. You acknowledge that all intellectual property rights in or relating to the Software and all parts of the Software are and shall remain the exclusive property of the Company.
6.2. If you make any alterations to, or modifications of, the Software in breach of clause 4.1.4, then you agree that any such alterations or modifications will be the exclusive property of the Company. This includes any alterations or modifications that you may make indirectly. You agree to assign the intellectual property rights in such alterations or modifications to the Company upon demand.
6.3. You agree that you will not remove or alter any copyright notices or similar proprietary devices within the Software. These include any electronic watermarks or other identifiers that may be incorporated in the Software or any copy of the Software.
7. TERMINATION
7.2. Any unauthorized use of the Software will entitle the
Company to terminate this License immediately.
7.3. The Company may terminate this License immediately by written notice if
you breach its terms, become insolvent, or fail to comply with applicable
export or legal requirements.
7.4. Upon termination, all rights granted shall cease, and you must immediately
delete all copies of the Software.
8. TRANSFER OF RIGHTS AND OBLIGATIONS
8.1. This License is binding on you and us and on our respective successors and assigns.
8.2. You may not transfer, assign, charge or otherwise dispose of this License, or any of your rights or obligations arising under it.
8.3. The Company may transfer, assign, charge, sub-contract or otherwise dispose of this License, or any of its rights or obligations arising under it, at any time during the Term.
9. NOTICES
9.1. All notices given by you to the Company must be given in English or Norwegian to Fonix Geoscience AS, Breistølen 41, 5034 Bergen, Norway, addressed for the attention of Simon Buckley or Nicole Naumann.
9.2. The Company may give notice to you at either the email or postal address you provided when accepting the License.
9.3. Where either party gives notice to the other by email, such notice will be deemed received 48 hours after the email has been sent to the email address that has been provided which:
9.3.1. in the case of the Company shall be the email address given on the Website; and
9.3.2. in the case of the Licensee shall be the email address given when you accepted the License.
10. MISCELLANEOUS
10.1. If we do not:
10.1.1. insist on strict performance of any of your obligations under this License; or
10.1.2. exercise any of our rights or remedies under this License;
then this shall not constitute a waiver of such rights or remedies and shall not mean that you do not have to comply with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any terms of this License shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
10.2. If any of the terms of this License is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions. The remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law.
10.3. This License constitutes the whole agreement between us and supersedes any previous arrangement, understanding or agreement between us, relating to the licensing of the Software to you for the purposes set out in clause 1.1.
10.4. No provision of this License shall be enforceable by any person other than you and us.
11. EVENTS OUTSIDE OUR CONTROL
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the License that is caused by events outside our reasonable control (Force Majeure Event).
11.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
11.2.1. strikes, lock-outs or other industrial action including by our employees;
11.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
11.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
11.2.4. impossibility of the use of any public or private telecommunications network;
11.2.5. disruption of or failure or cessation of any electricity supply; and
11.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
11.3. Our obligations under this License are suspended for the period that the Force Majeure Event continues to affect us. We will have an extension of time to perform these obligations. We will take reasonable steps (without incurring costs) to bring the Force Majeure Event to a close or to find a solution by which our obligations under this License can be performed despite the Force Majeure Event.
12. OUR RIGHT TO VARY THIS LICENSE
12.1. At any time during the Term we may revise and amend this License where required by the applicable law or governmental or regulatory authority. In such circumstances the new terms will apply to you.
13. WARRANTIES
13.1. You warrant that you:
13.1.1. shall not use the Software other than for purposes compliant with the License type of the Software;
13.1.2. shall not use the Software for longer than the Term unless we have granted you a further License to do so;
13.1.3. are legally capable of entering into binding contracts;
13.1.4. are at least 18 years old if you are an individual.
14. EXPORT CONTROLS
14.1. You shall comply with all relevant import and export laws and regulations affecting the Software applied by the state of Norway. You shall not use the Software without first obtaining all written consents or authorizations which may be required by any such import and export laws and/or regulations.
15. COMPANY'S LIABILITY
15.1. Nothing in this License excludes or limits the Company's liability for:
15.1.1. death or personal injury caused by our negligence;
15.1.2. fraud or fraudulent misrepresentation;
15.1.3. any deliberate breaches of these terms and conditions that would entitle you to terminate this License; or
15.1.4. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
15.2. Except as provided under clause 15.1, the Company will be under no liability whatsoever to the Licensee (whether in contract (by way of indemnity or otherwise), tort (including negligence), breach of statutory duty, restitution or otherwise), including, without limitation, for any of the following types of losses (whether those losses arise directly in the normal course of business or otherwise):
15.2.1. pure economic loss, loss of profits, loss of business, loss of revenue, loss of contract, loss or depletion of goodwill and/or business opportunity, loss of anticipated earnings or savings or like loss;
15.2.2. loss of use or value of any data or software;
15.2.3. wasted management, operational or other time;
15.2.4. loss or damage arising out of any failure by the Licensee to keep full and up to date security copies of any computer program and data held or used by or on behalf of the Licensee; and/or
15.2.5. any special, indirect or consequential losses
even if such losses are foreseeable and/or the Company has been advised of or is aware (or reasonably should have been aware) of the possibility of the Licensee incurring or suffering such losses.
16. INDEMNITY
16.1. You shall indemnify the Company from and against all claims, liabilities, proceedings, costs, damages, losses, or expenses incurred by the Company caused by, or in any way connected with:
16.1.1. the use (whether or not authorised by you) of the Software by any third party;
16.1.2. a breach of this Agreement by you; or
16.1.3. any other negligent or wrongful act by you in any way connected with the Software.
17. LAW AND JURISDICTION
17.1. The formation, existence, construction, performance, validity and all aspects whatsoever of this License or of any provision of this License, including any non-contractual obligations arising out of it, will be governed by the laws of Norway.
17.2. The courts of Norway will have exclusive jurisdiction to settle any disputes that may arise out of or in connection with this License. You and we irrevocably agree to submit to that jurisdiction provided that the Company may seek injunctive relief in any court of competent jurisdiction.
18. LANGUAGE
18.1. Company, and the Licensee by his acceptance below, acknowledge having requested that this document be drafted in English only.
19. COOLING OFF PERIOD
19.1. You accept that once you have downloaded the Software and the Software has been activated, that the Term of the License has started. You agree to waive any right that you may have to cancel the License within any cooling off period set by law.
Last updated, 26 October 2025