ESdat Freeware Apps Terms and Conditions: (May 2023)

Inclusions

• These Terms and Conditions relate to the ESdat Freeware Apps, including but not limited to the Apps referred to as ESlog and ESdat Geochem.

Limitation of Liability:

Whilst all care has been taken with the provision of the ESdat Freeware Apps, neither EScIS nor its suppliers or other related entities are able to accept financial or other liability incurred by users or organisations as a result of using these Apps. This may include, but is not limited to the following:

• Service unavailability, unless explicitly agreed in writing. Service unavailability may be due to network, software, hardware or other issues.
• Accuracy of the data received into, or presented. It is the responsibility of the end user to confirm the accuracy and completeness of the data uploaded and displayed.
• Defects or Bugs. It is not guaranteed that the software is completely free of defects or bugs. If any issue is identified in the software, EScIS will undertake to correct it as soon as practically possible.

Freeware:

• These Apps are provided free for private or commercial use.

Support:

• No support is provided for users unless these Apps are being used in conjunction with ESdat and the organisation holds an active support subscription. A user forum for users to interact is available at Support Portal - ESdat
• Support for ESlog exports from ESdat is only provided for logs shipped with ESdat or customised via an Implementation Service. Support for troubleshooting user customised ESlog exports is available on a consulting basis.

Data Access:

• All data is confidential and remains in the users browser, ie is not transferred over networks or the internet to a server.

Fit for Purpose:

• The system is provided "as is" and the user must determine it's suitability for any particular purpose.

Modifications:

• We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the ESdat Freeware Apps after the revisions come into effect, you agree to be bound by the revised Terms.

Copyright:

• The software is protected by copyright as well as international treaties regarding the protection of intellectual property.

Dispute Resolution:

• Any dispute will initially be addressed via consultation and negotiation in good faith and a spirit of mutual cooperation.
• Governing Law: Usage of the software and any related disputes will be governed by the laws of the Commonwealth of NSW, Australia. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.