e-gate Smart Card Driver License Agreement

Schlumberger ("Supplier") e-gate Smart Card Drivers 
(the "Software") that is being made available to you 
("Customer"), is provided in strict accordance with 
the following terms and conditions (the "Agreement"). 
By the act of using the Software, you agree to and 
accept the following terms and conditions. If you are 
not willing to accept and be bound by these terms and 
conditions, then you are not authorized to use the 
Software. Your use of the Software is expressly made 
conditional on your assent to the terms and conditions 
contained herein.

1. Software License. Subject to the terms and 
   conditions herein, Schlumberger grants to 
   Customer a personal, nonexclusive, nontransferable 
   license to use the Software solely for operation 
   in conjunction with the Schlumberger e-gate Smart 
   Card products for which it is intended, as described 
   in its applicable documentation. 

2. Reproduction and Redistribution. Customer may 
   reproduce and distribute an unlimited number of 
   copies of the Software provided that each copy is 
   a true and complete copy, including all copyright 
   and trademark notices, and the Limited Warranty
   /Exclusive Remedies, Warranty Disclaimer, and 
   Limitation of Liability statements contained in 
   this Agreement. Software must be used solely for 
   operation in conjunction with the Schlumberger 
   e-gate Smart Card products for which it is intended, 
   as described in its applicable documentation.


3. License Restrictions. Customer agrees not 
   to modify, reverse-engineer (decompile or
   disassemble), or create derivative works 
   of the Software or any component thereof. 
   Except as permitted under Section 2 of this license 
   agreement, Customer agrees not to sell, 
   distribute, sublicense, loan, rent, lease, 
   timeshare or assign any Software provided 
   hereunder. 

4. Ownership and Copyright. The Software is 
   proprietary to Schlumberger or its Suppliers 
   and protected by copyright, under the United 
   States copyright laws and certain international 
   treaties. Customer agrees to acquiring only 
   the right to use and redistribute the Software as 
   licensed hereunder, and that all title, ownership 
   and intellectual property rights not herein 
   specifically granted to Customer are expressly 
   reserved by Schlumberger or its Suppliers. 

5. Limited Warranty/ Exclusive Remedies. 
   Schlumberger warrants to the benefit of Customer 
   only, for a term of sixty (60) days from the 
   date of acquisition of the e-gate Smart Card  
   ("Warranty Term"), that if operated as directed 
   under normal use and service, the Software will 
   substantially perform the functions described in 
   its applicable documentation. Schlumberger does 
   not warrant that the Software will meet Customer's 
   requirements or will operate in combinations that 
   Customer may select for use, or that the operation 
   of the Software will be uninterrupted or error-free, 
   or that all Software errors will be corrected. 

Schlumberger's sole obligation and liability under 
this limited warranty shall be, at Schlumberger's 
option, to remedy any substantial non-performance 
of the Software to the functional descriptions 
set forth in its applicable documentation. If 
Schlumberger is unable to satisfy the foregoing 
limited warranty obligations during the Warranty 
Term, then Schlumberger shall, upon Customer's 
written request for termination of this Agreement, 
refund to Customer all sums paid to Schlumberger 
for the licensing of the Software hereunder. 
These are Customer's sole and exclusive remedies 
for any breach of warranty. 

6. WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS 
   LIMITED WARRANTY SET FORTH IN SECTION 5 ABOVE, 
   THE SOFTWARE IS PROVIDED AS IS. SCHLUMBERGER 
   AND ITS SUPPLIERS MAKE NO OTHER EXPRESS 
   WARRANTIES. TO THE EXTENT AUTHORIZED BY 
   APPLICABLE LAW, ALL OTHER WARRANTIES WHETHER 
   EXPRESS, IMPLIED OR STATUTORY, INCLUDING 
   WITHOUT LIMITATION, THE IMPLIED WARRANTIES 
   OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 
   PURPOSE AND NONINFRINGEMENT, ARE SPECIFICALLY 
   DISCLAIMED. THIS DISCLAIMER OF WARRANTY 
   CONSTITUTES AN ESSENTIAL PART OF THIS 
   AGREEMENT. 

7. Limitation of Liability. Schlumberger's 
   cumulative liability to Customer, or any 
   third party, for loss or damages resulting 
   from any claim, demand or action arising out 
   of or relating to this Agreement or use of 
   the Software ("Damages"), shall not exceed 
   the net amount paid to Schlumberger for the 
   licensing of the Software, in this case, the 
   cost of the single e-gate Smart Card. In no event 
   shall Schlumberger or any Supplier be liable for 
   any indirect, incidental, special consequential 
   or exemplary damages of any character, including, 
   without limitation, damages for lost profits, 
   goodwill, work stoppage, computer failure and 
   all other commercial damages.

8. Export Law Assurances. Customer agrees and 
   certifies that the Software will not be 
   transferred or re-exported, directly or 
   indirectly, into any country (or to a national 
   or resident of such country) prohibited by 
   the United States Export Administration Act 
   and the regulations promulgated thereunder. 
 
9. Severability. Customer acknowledges and agrees 
   that each provision of this Agreement that 
   provides for a disclaimer of warranties or 
   an exclusion or limitation of damages 
   represents an express allocation of risk, 
   and is part of the consideration of this 
   Agreement. Invalidity of any particular 
   provision of this Agreement shall not affect 
   the validity of the remaining provisions 
   hereof. 

10. Term. This Agreement shall be effective 
   upon Customer's first acquisition of an e-gate 
   Smart Card and shall remain effective until 
   terminated. Customer may terminate at any time 
   by discontinuing use and deleting all copies of 
   the Software. This Agreement will also terminate 
   if Customer does not comply with any terms or 
   conditions of this Agreement.  Upon such termination 
   ustomer agrees to destroy the Software and erase all 
   copies residing on any of Customer's computers or 
   computers under control of Customer.

11. Problems. If commercially and technically feasible, 
   Schlumberger will provide - at its sole discretion - 
   corrections or workarounds for any e-gate Smart Card 
   Driver problems reported to Schlumberger and verified 
   by Schlumberger as errors.  Such remedies will be in 
   the form of a updated driver file, full installation 
   or a web reference to an updated driver, at 
   Schlumberger's discretion.

 

Customers should follow these steps if they 
require software service: 

1. Contact the sales support representative's 
   technical support at Schlumberger with the 
   driver type, platform OS, and problem 
   description. 

2. Technical support will evaluate the problem 
   and advise you of any corrective action. 

3. If revised driver is required, the latest 
   system documentation and software will at 
   Schlumberger's option be sent via email or 
   be made available for download via a web 
   site.
