Terms and Conditions

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1. GENERAL

The terms and conditions of use ("Terms of Use") set forth herein apply to the web site and web pages owned, operated, licensed, and/or controlled by Paradigm (Gibraltar) Holdings Ltd. ("Paradigm", "We"), the main homepage of which is located at www.pdgm.com (the "Web Site").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE.

By using, accessing or browsing through this Web Site you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Web Site. Please note that Paradigm reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please check periodically the following URL www.pdgm.com to review such changes in the Terms of Use. Your use of (including any browse through or access of) the Web Site, after such revised Terms of Use have been posted on the above URL, shall constitute your consent to the new or revised Terms of Use.

2. RESTRICTIONS ON USE OF CONTENT AND MATERIALS

All information, product information (e.g. specifications, datasheets, performance reports, case studies etc), software (e.g. service packs), documentation, content and/or material posted on the Web Site or available through it ("Materials") are the property of Paradigm or its licensors, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including, without limitations, all copyright, patent, trademarks, logos, design rights and any other proprietary rights.

No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site. You agree not to infringe upon all the above rights.

Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, sell, rent, lease, sublicense, post, transmit, or otherwise distribute, the Materials or any part thereof. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any of the Materials or modify or create any derivative works of the Materials or documentation.

Modification of the Materials or use of the Materials for any other purpose, including, without limitations, the use of Materials on any other web site or networked computer environment is strictly prohibited, and will be deemed a violation of the Paradigm copyright and other proprietary (including intellectual property) rights.

Downloads: Some areas of the Web Site may include downloadable Materials. You must treat such materials as follows: (i) Unless otherwise specified under these Terms of Use or under the Web Site, you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices; (ii) Materials available for download through the "Paradigm Customer Hub" including but not limited to the "Documentation & Downloads" section thereunder, and/or any other downloadable Materials available anywhere under the Web Site in connection with which specific terms for download and/or use are provided, may be downloaded and used only subject to the specific terms and conditions and/or license provisions applicable to each of these Materials.

3. PATENTS

Without limiting any of the foregoing or hereunder, Paradigm’s or any of its licensors’ or affiliates’ products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secrets and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and Paradigm and/or its licensors and/or affiliates reserves all such rights.

4. TRADEMARKS

Without limiting any of the foregoing or hereunder, Paradigm, Paradigm logo, Alea, Director, DirectorGeo, EarthStudy 360, Echos, Epos, FastVel, FracMV, GeoDepth, Geolog, GeoScene, GeoSec, Geosteer, GOCAD, Interpret, Jacta, Kine3D, OpenGeo, OpsLink, Probe, Rock & Fluid Canvas, SeisEarth, SeisFacies, SeisX, SKUA, SolidGeo, StratEarth, Stratimagic, Sysdrill, UVT Transform, Vanguard, VoxelGeo, as well as other names and marks so notified in the Web Site are trademarks of Paradigm Ltd. and/or its affiliates or subsidiaries (collectively,"Paradigm") (“Paradigm Marks”). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by Paradigm and/or respective holders. You may use Paradigm Marks or product names to refer to Paradigm products and services, provided you follow the following guidelines whenever Paradigm Marks appear:

(i) Your use of Paradigm Marks must not mislead consumers or imply as to any Paradigm sponsorship, affiliation, or endorsement of your company, or your products or services.

(ii) You should not use Paradigm Marks, or any other trademarks, service marks, logos or trade names of Paradigm, or any word, symbol or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your products/services or third party’s products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations.

(iii) At least upon the first occurrence of each of the Paradigm Marks, the applicable one of the following symbols shall appear: ™ or the ® symbol.

(iv) In any material in which the Paradigm Marks appear, a notice in the following format will be added: “Paradigm, Paradigm logo, [any names of additional Paradigm Marks you use, for example: Echos, GeoDepth, VoxelGeo] are trademarks of Paradigm”.

(v) All Paradigm Marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by Paradigm, without any variations of same.

(vi) The Paradigm Marks shall be used as an adjective followed by the generic term for the product/service.
Examples: Paradigm™ interpretation solutions are excellent.
Wrong: The Paradigm™ performance is excellent.
Right: The performance of the Paradigm™ software is excellent.

(vii) The Paradigm Marks shall not be used as a plural noun, for example:
Wrong: These are two VoxelGeos
Right: These are two VoxelGeo® systems

(viii) The Paradigm Marks shall not be used in a possessive form:
Wrong: GeoDepth’s® imaging is optimal.
Right: The imaging of the GeoDepth® software is optimal.

(ix) The Paradigm Marks shall not be used as a verb.
Wrong: These wells were Sysdrilled.

These guidelines are not a definitive statement of proper brand and trademark use. Paradigm reserves the right to oppose any uses of Paradigm Marks that Paradigm, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. Paradigm further reserves the right to revise these guidelines at any time, without notice.

5. CONTENT, PRODUCTS AND SERVICES INFORMATION

All content available through the Web Site, including but not limited to data, pictures of products, technical drawings, configurations, quote and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Web Site. Specifications for products and services are subject to change without notice, and Paradigm reserves the right to make changes without notice to processing, materials or configuration.

YOU ACKNOWLEDGE THAT USE OF ANY AND ALL DATA AND MATERIALS AVAILABLE THROUGH THE WEB SITE OR THROUGH ANY SOFTWARE OR PRODUCTS MADE AVAILABLE THEREFROM SHALL BE MADE AT YOUR SOLE RISK AND DEPENDS SOLELY ON YOUR OWN JUDGMENT, INTERPRETATION AND CONSIDERATION, AND YOU SHALL BE SOLELY RESPONSIBLE IN CONNECTION WITH ANY SUCH USE AND IN CONNECTION WITH ANY DECISIONS BASED UPON INTERPRETATIONS, RECOMMENDATIONS AND RESERVOIR DESCRIPTIONS DERIVED FROM SUCH USE, INCLUDING BUT NOT LIMITED TO MATTERS OF POLICY AFFECTING ANY DRILLINGS, COMPLETION, WELL TREATMENT, PRODUCTION OR OTHER FINANCIAL DECISIONS AND MATTERS INVOLVING ANY RISK TO THE SAFETY OF ANY DRILLING VENTURE, DRILLING RIG OR ITS CREW.

All information and Materials on the Web Site or made available therefrom are subject to the disclaimers of section 11 below.

6. RESTRICTED SECTIONS

Access to some areas on this Web Site is restricted to users authorized in advance by Paradigm, in accordance with Paradigm policy ("Authorized User(s)") who have completed a registration process and who have then been granted authorization for access, through issuance of a unique user ID and password ("Restricted Section(s)"). No other persons other than Authorized Users may access these Restricted Sections. Registration, passwords and user IDs are personal and non-transferable.

You will bear the sole responsibility for (1) maintaining the strict confidentiality of any user ID and password assigned to you; (2) any charges, damages or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your user ID and password. Paradigm shall not be liable for any harm related to the theft of your user ID and password, any disclosure of your user ID and password, or your authorization to allow another person or entity to access and use the Restricted Sections using your user ID and password. You agree to immediately notify Paradigm of any unauthorized use of your user ID and password.

7. SUBMISSION OF MATERIALS

Except as may be otherwise provided in a separate written agreement between you and Paradigm, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Paradigm, or postings at this Web site, are non-confidential and shall become the sole property of Paradigm to the fullest extent permitted by applicable law. Paradigm shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent Paradigm from becoming the sole owner of any such property, then this provision shall be effective as granting to Paradigm (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in any such material.

8. INTERACTIVE AREA(S), POSTINGS AND USER CONDUCT

"Interactive Area(s)" shall mean but is not limited to forums (e.g. Paradigm Discussion Forums), mailing lists, request information forms, etc. offered as part of this Web Site, and any other forms of group electronic communications which may be made available through the Web Site from time to time.

If you participate in Interactive Areas you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law; (2) infringes on the copyright or any other proprietary right of any third party; (3) would invade the privacy of any other person; (4) contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) is otherwise inappropriate or unlawful.

You also expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means; (c) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate or disseminate so-called "spam" or mass mailings; (e) harvest or otherwise collect information about others, including email addresses, without their consent.

Paradigm is not and shall not be responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. Paradigm reserves the right to remove material which is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. Paradigm reserves the right to edit or delete any material posted on our Web Site, regardless of whether such material violates these standards for content.

WE FURTHER DO NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.

The Interactive Areas shall be used by users only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other Users of this Web Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

9. PRIVACY

Anonymous Information
Information submitted by your computer system(s) while accessing our internet services may be gathered by Paradigm as part of standard business practices. This information may be shared with third parties such as business partners or other internal Paradigm groups and other approved agencies or entities. The information submitted will not be sold or shared with third party marketing firms.

Such information may be collected for example through "traffic data" and may entail the use of cookies, IP addresses, submitted data or other numeric codes used to identify a computer. Subject to applicable laws and regulations, we reserve the right to inspect and monitor network usage without notice to the User.

Personally Identifiable Information
Paradigm may gather personally identifiable information about you, ONLY if you voluntarily choose to provide it yourself (for example: while submitting certain forms in or through the Web Site, or while registering to the Paradigm Customer Hub). Such information may include (for example) your: first name, last name, email address, area of interest, address, phone number and any other information which you choose to provide.

Personally identifiable information collected may be used to provide users, upon request, with further information, assistance, support and updates with regards to Paradigm products, technology, etc.

Modification and Deletion of Personally Identifiable Information

Deletion. In order to delete the personally identifiable information you submitted, notify us, to the following email address: webmaster@pdgm.comthat you wish to delete your personally identifiable information contained in our databases.
Modification. If you wish to modify or update your personally identifiable information, please send us your updated details to the following email address: webmaster@pdgm.com. Please note that deletion of your personally identifiable information from Paradigm databases will not prevent Paradigm from using gathered anonymous information.

Third Parties’ Practices

This section does not cover the information practices exercised by other provides of products or services, advertisers or other web sites, or companies/people that Paradigm does not own or control, or does not employ or manage. Paradigm would like to emphasize that Paradigm is not and cannot be responsible for the content or the privacy policies of Web sites to which it may link or Web sites that link to the Paradigm Web Site.

10. LINKING TO THE WEB SITE

Unless you have a written agreement in effect with Paradigm which states otherwise, links to the Web Site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that Paradigm is affiliated with any person or entity, or that Paradigm otherwise endorses, sponsors or is affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Web Site may not be such as to damage or dilute the goodwill associated with the Paradigm name and trademarks; (c) all links to the Web Site must "point" to the URL "www.pdgm.com" and not to other pages within the Web Site; (d) all links to the Web Site, when activated by a user, must not display the Web Site within a "frame" on the linking web site, or any other Web Site.

Without limiting any of the above, Paradigm reserves the right to revoke its above consent to the providing of any link to the Web Site, at any time in its sole discretion.

11. DISCLAIMER

THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. PARADIGM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

PARADIGM DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED OR OTHERWISE AVAILABLE IN THIS WEB SITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PARADIGM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WHATSOEVER WILL PARADIGM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY STOCK QUOTES WHICH MAY APPEAR IN THE WEB SITE) OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY PARADIGM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. INDEMNIFICATION

You agree to defend, indemnify and hold Paradigm and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the provisions of these Terms of Use.

14. THIRD PARTY CONTENT

To the extent that the Web Site contain links to outside services and resources, Paradigm does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.

Some of the Materials in this Web Site may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Paradigm.

15. NO ENDORSEMENT

No reference made in this Web Site to any specific commercial product, process, website or service (or provider of such product, process or service) other than such products, processes, or services of Paradigm, constitute or imply an endorsement, recommendation or favoring by Paradigm. Paradigm makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Web Site, or websites linking to this Web Site.

16. INTELLECTUAL PROPERTY INFRINGEMENT POLICY

Paradigm is committed to protecting the rights of copyright holders, and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property related violations on this Web Site should be addressed to: webmaster@pdgm.com.

By posting software or other content to this site, you warrant to Paradigm (and we rely on this warranty) that such items are known to you to be free shareware, freeware, etc. or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work.

Paradigm will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, Paradigm will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Paradigm will assume no liability for any losses or damages alleged to arise from use of or reliance on such software or content. We undertake no duty to determine the currency, operability or fitness for any particular purpose of any shareware software posted to this Web Site.

17. RIGHT TO MONITOR, SHUT DOWN, DENY OR LIMIT ACCESS

Paradigm reserves the right to monitor, shut down, deny and/or limit or revoke your access to this Web Site, or any area thereunder, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.

18. FORWARD-LOOKING STATEMENT NOTICE

Certain statements included on this Web Site are forward-looking in nature. These statements can be identified by the use of forward-looking terminology such as "`believes," "expects," "may," "will," "could”, “should,'' or "anticipates'' or the negative thereof or comparable terminology, or by discussions of strategy. The company's business and operations are subject to a variety of risks, uncertainties and other factors. Consequently, actual results may materially differ from those projected by any forward-looking statements. Such risks, uncertainties and other factors that could cause actual results to differ from those projected include, but are not limited to, the following: (1) political risk and uncertainty in the global economy and within the energy sector, (2) regional conflicts in oil producing countries, (3) future capital expenditures by oil and gas companies, (4) fluctuations and absolute levels of international oil prices, (5) the need for increased Company investment to support new product and new service introductions, (6) the company's ability to raise needed additional capital, (7) rapid technological changes that could make the company's products less desirable or obsolete, (8) market acceptance of the Company’s products and services, (9) changes in the product sales mix, (10) product transitions by the Company and its competitors, (11) the impact of competitive products and pricing, (12) currency fluctuations. The company makes no commitment to revise or update any forward-looking statements in order to reflect events or circumstances after the date any such statement is made.

19. GENERAL

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, and submitted to the exclusive jurisdiction of the state and federal courts located in the city of Houston. If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and Paradigm with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. Paradigm may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by Paradigm of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.