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Terms and conditions

CGG ROBERTSON WEBSITE TERMS OF SERVICE

WEBSITE ADMINISTRATION

1. Licensee shall furnish and maintain, at its sole cost and expense, all equipment, including terminals, personal computers, peripherals, modems, printers, hardware and software used by it to connect to or gain access to the Website. Licensee assumes all risk of loss or damage to all such equipment or property. Licensee will provide its own communication line(s), internet service provider, and any other equipment and technology necessary in order for it to access and use the Website. CGG shall not be liable for unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or hardware, scheduled and emergency maintenance and upgrades, DNS issues, and any other issues outside the direct control of CGG that affect Licensee’s ability to access the Website (even via normal internet connection).

2. Licensee agrees that CGG may at any time exercise control over the Website to interrupt or temporarily suspend Licensee's access to the Website when and as deemed necessary by CGG for purposes of security, systems administration; and implementation and enforcement, without notice, of any applicable CGG or governmental policies, regulations, guidelines and restrictions relating to the operation or use of the Website.

3. Licensee shall take all reasonable measures to prevent the introduction and propagation of viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful into the Website and any of the networks owned by CGG that are used in connection with this Agreement. Licensee shall not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

4. CGG processes information about Licensee in accordance with the Data Protection Act 1998. By using the Website, Licensee consents to such processing and warrants that all data provided by Licensee is accurate. CGG only collects or uses data of a personal or confidential nature on users for the sole purposes of monitoring online user activities and improving the Website content for such users. Submission of feedback and request information forms or email messages are strictly voluntary.

5. Licensee is entirely responsible for maintaining the confidentiality of its passwords and is entirely responsible for any and all activities that occur under its account.

END USER LICENSE TERMS

6. Licensee’s possession and usage of all materials provided on this Website is governed exclusively by the end user license terms of the applicable data license/subscription agreement executed between Licensee and CGG. In the event of any conflict between the provisions of such agreement and these terms of service, the provisions of such agreement shall control.

7. Licensee shall not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from CGG or its licensors. If Licensee printsoff, copies or downloads any part of the Website in breach of these terms of use, Licensee’s right to use the Website will cease immediately and Licensee must, at CGG’s option, return or destroy any copies of the materials Licensee has made. Notwithstanding the foregoing, Licensee may store in the memory of its computer and may manipulate, analyze, reformat, print and/or display for Licensee’s internal non-commercial use only the information received or accessed through CGG’s database system pursuant to this Agreement. Licensee may not resell, redistribute, broadcast or transfer the Information. Portions of CGG’s database system are available only to users who have valid user IDs and passwords; any unauthorized access is strictly prohibited.

8.All materials and imagery on this Website are owned or lawfully licensed by CGG. Where copyright is stated as owned by a third party, Licensee may not modify, copy, reproduce, distribute, sell or publish this material without expressed permission of the copyright owner.All other intellectual property rights are reserved.

9. With the exception of the limited data download tool, Licensee shall use the Website functionality in-situ within the Website tools and shall not bulk copy, scrape, or permanently store or database material into a separate store.

WARRANTY

10. All materials downloaded from this website are provided “AS-IS”, and all warranties, express or implied, including but not limited to, non-infringement, merchantability and fitness for a particular purpose, are hereby disclaimed and excluded.

LIMITATION OF LIABILITY

11. In no event shall CGG be liable for any direct, indirect, special, punitive, exemplary, incidental or consequential damages, including but not limited to, any damages arising from the loss of use, data, goodwill or profits, even if CGG has been notified of the potential for such damage or loss. Licensee acknowledges and agrees that it shall be solely and exclusively responsible for the use of and decisions made from data, information or results obtained from use of the data, and any losses resulting therefrom.

12. CGG will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Licensee’s computer equipment, computer programs, data or other proprietary material due to Licensee’s use of the Webite, or to Licensee’s downloading of any material posted on it, or on any website linked to it.

13. Where the Website contains links to other sites and resources provided by third parties, these links are provided for Licensee’s information only. CGG has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from use of them.

TRADE COMPLIANCE; ANTI-CORRUPTION

14. Licensee shall comply with all applicable laws, ordinances and regulations relating to the import, export and re-export of prescribed commodities, software, information and technology, including but not limited to (a) sanctions and restrictive measures restricting the countries and parties with whom Licensee may have commercial dealings and the nature of those dealings, and (b) controls under dual-use export controls or defense trade controls, (c) import/export/customs authorizations and formalities.

15.CGG may be prohibited from participating in or supporting boycotts of certain foreign countries if such boycotts are unsanctioned, discriminatory or unlawful under laws applicable to CGG or the transaction in question; for this reason, neither party shall take (or be required to take) or refrain from taking any action that is impermissible or penalized under the laws of an applicable jurisdiction.

16. Licensee represents and warrants that Data and Confidential Information will not be used for any purpose associated with chemical, biological or nuclear weapons, unsafeguarded nuclear activities, nuclear fuel cycle activities or missiles, rocket systems or unmanned vehicles, nor will they be transferred and/or resold if Licensee knows or suspects that they are intended or likely to be used for such a purpose.

17. Licensee represents, warrants and covenants that it, its directors, officers, employees agents, assigns, subcontractors, representatives and/or consultants will not authorize or make any payments or gifts or any offers or promises of payments or gifts of any kind, directly or indirectly, in connection with this Agreement to: (a) any government official to influence the official for the purpose of obtaining or retaining business or securing some other improper advantage; and (b) any employee of a private company in order to improperly induce that employee to provide any competitive advantage to CGG or Licensee in selling products or services or in otherwise doing business with that company.

18. Licensee represents and warrants that neither it nor any of its directors, officers, nor employees is an official, director, officer, or employee of any government or government controlled entity (including but not limited state owned enterprises, universities and institutes of higher learning), an official of a political party, or a candidate for political office. Licensee represents and warrants that neither it, nor any person or entity owning or controlling it, is an entity and/or person on the US and EU or other applicable sanctioned, denied party, specially designated national or restricted party lists.

CHOICE OF LAW

19. Regardless of where any action may be brought, any dispute or claim against CGG arising under the materials provided here under and/or Licensee’s use of the Website shall be governed by the laws of England and Wales, without regard to its rules on conflicts of law. The parties exclude application of the United Nations Convention on Contracts for the International Sale of Goods. If Licensee or the download destination is located outside the UK, any such dispute or claim shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules, and the proceedings shall be conducted in London, England, in the English language. For all other disputes or claims, Licensee hereby agrees to submit to the non-exclusive jurisdiction of the courts of England.

20. CGG reserves the right to revise these terms of service at any time.




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