CONDITIONS OF USE

GLS SOFTWARE LICENSE AGREEMENT

SOFTWARE PRODUCT: ALBION Version 6

IMPORTANT - READ CAREFULLY

This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and GLS Consulting (Pty) Ltd ("GLS") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE,YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS STATED, THEN GLS IS UNWILLING TO LICENSE THE SOFTWARE AND RELATED MATERIALS TO YOU; IN WHICH EVENT,YOU MUST PRESS THE "NO" BUTTON DURING INSTALLATION IN THE LICENSE AGREEMENT DIALOG BOX (THE SOFTWARE SHALL NOT INSTALL ON YOUR COMPUTER SYSTEM) AND RETURN ANY SOFTWARE, MEDIA, AND RELATED MATERIALS TO GLS.

Upon your acceptance of the terms and conditions of the License Agreement, GLS grants you the right to use the Software in the manner provided below:

This Software is owned by GLS or its suppliers and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.

You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of GLS and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software.

If you have purchased an upgrade version of the Software, it constitutes a single product with the GLS Software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.

This Software is subject to South African export restrictions, and is intended for use in the country into which GLS sold it.

GLS grants to you as an individual, a personal, non-exclusive license to install and use the Software. You may install a copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software. If you are an entity, GLS grants you the right to designate one individual within your organization ("NamedUser") to have the right to use the Software in the manner provided above.

LIMITED WARRANTY

GLS warrants that the Software and accompanying hardware security device (dongle), when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

Theft or other loss of the software, documentation or hardware security device (dongle) by the licensee will void the limited warranty, and the licensee will have to replace the software, documentation or hardware security device at the current replacement cost for the product.

GLS's and its suppliers' entire liability and your exclusive remedy shall be, at GLS's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet GLS's Limited Warranty and which is returned to GLS with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE GLS CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer? Outside South Africa, neither these remedies nor any product support services offered by GLS are available without proof of purchase from an authorized non-South African source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF GLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GLS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT PROVIDED. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). GLS and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

GENERAL PROVISIONS

This statement may only be modified in writing signed by you and an authorized officer of GLS. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

This statement shall be construed, interpreted and governed by the laws of South Africa. This statement gives you specific legal rights; you may have others, which vary from state to state and from country to country. GLS reserves, all rights not specifically granted in this statement.

DATA PRIVACY CONSENT CONFORMING TO SA POPIA AND EU GDPR

In order to provide better user support and understand who is using our software, we would like to collect some basic personal information such as your name, company name, work telephone number and work email address. Only the starred items require input.

In order to provide better user support to you and to improve our GLS Software products in future, we would like to optionally collect some standard hardware and software information from your computer. This includes information on the Operating System, CPU & Memory, Device Name, Screen Resolution and your computer's public IP address.

This information is transferred to and stored securely on the servers at our contracted international service providers and can only be accessed by selected staff from GLS Consulting. The data will never be shared by GLS Consulting with third parties. You can update this information yourself at any time by going to Help/Support/Authorize/Update Registration Info in the software. Please keep it updated. You have the right to request a copy of any previously collected personal data or to have it deleted at any time by contacting support@gls.co.za. You will also receive a welcome email, where you can select at the bottom to have yourself be removed from our mailing list, should you not wish to receive occasional informational or marketing emails.

For more detailed updated information on our privacy policy, please visit https://www.gls.co.za/software/privacy/