BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING GEOBYTES 'M...(THE "SOFTWARE"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("LICENSE AGREEMENT"). THIS LICENSE AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU (THE "LICENSEE") AND GEOBYTES INC. ("GEOBYTES").

If, after reviewing the terms and conditions which follow this paragraph, you do not wish to be bound by its provisions, do not download the Software. If the Software has already been downloaded then immediately delete the Software. Once the Software has been downloaded or accessed all of the provisions of this License Agreement apply, even if the Software is subsequently deleted or returned. Any use of the Software by the Licensee shall constitute unqualified acceptance of this Agreement. 

TITLE AND OWNERSHIP: 
Title to and ownership of The Software resides in Geobytes. The Licensee acknowledges that title to and ownership of The Software shall at all times remain with Geobytes. Any reproduction of any portion of The Software by The Licensee will include any proprietary and statutory copyright notices present in the originals received from Geobytes. License to rent, lend, transfer, distribute, copy, modify or enhance The Software in whole or in part, is explicitly denied. The Software includes confidential information, which constitute trade secrets of Geobytes, and the components of which are the subject of pending patent applications and/or copyright law and international treaty. Licensee agrees not to attempt to modify or duplicate the Software or disassemble, decompile, reverse compile, reverse engineer or otherwise reproduce the Software, or any part of the software. The Software under this Agreement is the exclusive property of Geobytes.

LICENSE GRANT: 
Geobytes explicitly grants The Licensee a non-exclusive, non-transferable license to install and use The Software for the term of this agreement. The Licensee may download one copy for their use and make one backup copy. If you are an entity, Geobytes grants you the right to designate one individual within your organization for each license. 

LIMITATION OF LIABILITY: 
Geobytes' liability for all claims arising out of this Agreement shall be limited to the amount actually received by Geobytes in connection with the provision of The Software under this Agreement. Notwithstanding the foregoing, in no event shall Geobytes or its Resellers be Liable to You as the Licensee, or Any other person for any indirect, special, incidental or consequential damages of any character including, but not limited to damages for Loss of Goodwill, Work Stoppage, Computer Failure or Malfunction, loss of data, loss of profits, or any and all other commercial damages or losses arising from, or relating in any manner to, this Agreement, however caused and regardless of theory of liability. The software is provided "AS IS". Geobytes makes, and you receive, no warranties or conditions, express, implied, statutory, or otherwise, and Geobytes specifically disclaims any implied warranties of merchantability, noninfringement and fitness for a particular purpose. Geobytes does not agree to provide modifications, enhancements, improvements or bug corrections, even if errors in the Software are reported to Geobytes. Geobytes does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. You assume the responsibility for the selection of your requirements, software, and hardware to achieve your intended results. 

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR LOST CONTRACTS OR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF THE USE OF THE SOFTWARE OR RELATING TO THIS AGREEMENT HOWEVER CAUSED UNDER A CLAIM OF ANY TYPE OR NATURE BASED ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT OR WARRANTY) EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN COMMUNICATED. COSTS: 

Should either party institute or participate in a legal or equitable proceeding against the other party seeking to enforce or interpret this Agreement, then each party in the proceeding shall pay their own costs, expert and professional fees, and attorney fees, including costs and fees on appeal. 

ACCESS TO OUTSIDE SERVER(S):
The Software uses a client-server model. The program being installed is known as the "client" application. At times, the client will contact an outside server and will upload and download information about the client. These tasks may include registration verification, software update checks. By installing this application you agree to allow the 'M... client software and the remote server to communicate with each other for the purpose of information exchange. 

FORCE MAJEURE: 
Neither party shall be liable to the other for its failure to perform any of its obligations hereunder during any period in which such performance is delayed by circumstances beyond its reasonable control, provided that the party experiencing such delay promptly notifies the other party of the delay. 

MISCELLANEOUS:
Except as expressly stated herein, there are no other agreements, understandings between the parties, or obligations on the part of Geobytes relative to the Software. The laws of the State of Queensland, Australia shall apply to the terms of this License Agreement. MODIFICATION: This Agreement shall not be modified, except by a written Agreement signed by duly authorized representatives of Geobytes and The Licensee. 

ENTIRE AGREEMENT:
This Agreement constitute the entire Agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. 

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY INSTALLING OR USING THE SOFTWARE YOU IMPLY YOUR ACCEPTANCE OF ALL OF THE TERMS OF THE ABOVE LICENSE AGREEMENT.