This Software License Agreement ("Agreement") is entered into between GEOSPACE ("Licensor") and the end-user ("Licensee") of the software product known as "PointCloudWIZ" or "PCW", including any related documentation (collectively, the "Software").

1. GRANT OF LICENSE

Subject to the terms and conditions of this Agreement, Licensor grants Licensee a non-exclusive, non-transferable license to install and use the Software on a single computer per license, owned or controlled by Licensee, solely for internal business use. A separate license is required for each additional workstation or user.

Each license is granted for a single supported CAD host platform. A license issued for one supported host platform does not entitle the Licensee to use the Software on another supported host platform; a separate license is required for each additional platform.

2. RESTRICTIONS

Licensee agrees not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software.
• Copy any files received with the Software.
• Modify, adapt, translate, or create derivative works based on the Software.
• Remove, alter, or obscure any proprietary notices, labels, or marks from the Software.
• Rent, lease, sublicense, distribute, or transfer the Software to any third party.
• Use the Software to develop competing software products or services.
• Transmit or share the Software over a network, telephone, or by any electronic means without Licensor's prior written consent.

3. INTELLECTUAL PROPERTY

Licensee acknowledges that the Software and all related intellectual property rights are and shall remain the exclusive property of Licensor. This Agreement does not grant Licensee any rights to patents, copyrights, trade secrets, trademarks, or other intellectual property.

4. SUPPORT AND UPDATES

Licensor may, at its discretion, provide updates, upgrades, or support services for the Software. Such updates may be subject to additional terms and conditions.

5. DATA COLLECTION

Licensee acknowledges that the Software transmits limited technical and operational data necessary for license validation, software updates, and stability diagnostics. This data is processed under Licensor's legitimate interest in delivering, maintaining, and securing the Software, and is handled in accordance with Licensor's Privacy Policy:

https://www.pointcloudwiz.com/privacy-policy.html

6. DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSOR MAKES NO GUARANTEE THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. TERM AND TERMINATION

This Agreement is effective until terminated. Licensor may terminate this Agreement immediately upon written notice if Licensee breaches any provision of this Agreement. Upon termination, Licensee must cease using the Software and destroy all copies in their possession.

9. CONFIDENTIALITY

Licensee agrees to maintain the confidentiality of the Software and to take reasonable steps to prevent its unauthorized use or disclosure.

10. RIGHT OF WITHDRAWAL

For digital products, once you have started downloading or accessing the software, you lose your right of withdrawal. By purchasing PointCloudWiz, you explicitly consent to the immediate performance of the contract and acknowledge that you will lose your right of withdrawal once the download begins.

If you haven't started the download, you have 14 days from purchase to withdraw.

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of France. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Aix-en-Provence, France.