All sales, supplies and services performed by Aarhus GeoSoftware (“AGS”) for you as customer ("Reseller", or "you") are exclusively governed by the terms and conditions as laid out in these Sales & Delivery Terms ("Terms") if they are not altered through explicit agreement signed by both parties.

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1. Offers & Quotations
   Any price quotations provided by AGS to you shall be valid for the period stated in the quotation. If no time period is stated, then they shall be valid for 30 (thirty) days from the date of the offer.
    

2. Order Processing & Orders
   Orders are typically processed within 48 hours after receipt. Orders placed are not binding until accepted by AGS in writing, via email order confirmation or otherwise.
    

3. Prices
   Price list is displayed on AGS’ website: https://www.aarhusgeosoftware.dk/. Prices do not include charges for applicable taxes. Depending on your location AGS may be obligated to collect taxes on the purchase price. All taxes shall be added to prices shown and you agree to pay same.
    

4. Charges & Payment Terms
   Invoices are due upon receipt of invoice and without deduction. Amounts are payable as specified on the invoice or the transaction document. You agree to pay accordingly, including any late payment fees like default interest, court and lawyers’ fees or administration costs. Any costs incurred because of delayed payment are charged to your account.
    

5. Delivery
   The software will be delivered to you via Internet delivery at no cost for you. AGS will deliver the license key(s) with the invoice up till 30 days before receipt of payment. If payment is not received within the time period stated in the invoice, the license key(s) gets inactive until payment is received. USB keys delivery is optional at extra cost: Shipping and handling of USB key we charge EUR 100.00.
    

6. Updates & Support
   All sales include one year of updates and support. After the first year, AGS charges a fee for extending the update and support.
    

7. Intellectual property rights
   All title and intellectual property rights in and to the Products (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Software) and any copies of the Products that you are expressly permitted to make herein, are owned by AGS or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Products are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This contract grants you no right to use such content. All rights not expressly granted are reserved by AGS.
    

8. Disclaimer of warranties
   To the maximum extent permitted by applicable law, AGS and its suppliers provide the Products and any (if any) support services as is and with all faults, and hereby disclaim with respect to the Products and support services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality or arising out of the use or performance of the Products and any support services, remains with you as Reseller.
    

9. Exclusion of incidental, consequential and certain other damages
   To the maximum extent permitted by applicable law, in no event shall AGS or its suppliers be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software or support services, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this contract, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of AGS or any supplier, and even if AGS or any supplier has been advised of the possibility of such damages.
    

10. Limitation of liability and remedies
    Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of AGS and any of its suppliers under any provision of this contract and your exclusive remedy for all the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to the greater of the amount actually paid by you for the software or five dollars (US$5.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
     

11. Product License and Software Warranty
    The software is licensed to you, not sold. A license is perpetual.
    Any software delivered by AGS to you or any software downloadable from AGS’ website is the copyrighted work of Aarhus GeoSoftware and Geotomo Software SDN. BHD.
    Any use of the software is subject to the related license terms of the software and the software is made available to you exclusively for use in accordance with those license terms.
    COPYING OR REPRODUCING THE SOFTWARE EXCEPT AS MAY BE EXPRESSLY PROVIDED OR PERMITTED IN THE SOFTWARE APPLICABLE LICENSE TERMS IS EXPRESSLY PROHIBITED AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES.
    Violations will be prosecuted to the maximum extent possible.
    AGS is not obliged to provide any support that exceeds basic technical support.