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TERMS AND CONDTIONS
END-USER LICENSE AGREEMENT FOR CAFOweb™

IMPORTANT-READ CAREFULLY:  This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) hereafter also referred to as (“User”) and Glorieta Geoscience Inc. (“Glorieta”) for your use of Glorieta’s “CAFOweb” service and any associated documentation or materials hereafter referred to as the “CAFOweb Service”.  BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.  IF YOU DO NOT AGREE, DO NOT CLICK ON THE “ACCEPT” BUTTON AND DO NOT USE THE CAFOWEB SERVICE.

Glorieta may modify this EULA or the CAFOweb Service at any time in its sole discretion. Glorieta will provide you reasonable notice of these changes. Your continued use of the CAFOweb Service following any change will constitute your acceptance of and agreement to be bound by the modified EULA. If you do not agree with the modifications, your sole and exclusive remedy is to stop using the CAFOweb Service.

CAFOWEB SERVICE:  Glorieta hereby grants you a limited, non-exclusive, non-transferable (except as otherwise set forth herein) right to access the CAFOweb Service remotely via Internet based interfaces in accordance with the terms and conditions hereof. 

YOUR USERS:  You are responsible for the use of the CAFOweb Service by any employee, consultant, agent, or other person accessing the CAFOweb Service using an identification issued to you or any person or entity to whom you provide access to the CAFOweb Service or who obtains access to the CAFOweb Service as a result of your failure to prevent such unauthorized access or use. You are responsible for any action that you permit or assist any person or entity in taking related to this EULA or the CAFOweb Service. With respect to any person that you permit to access or use the CAFOweb Service, you will cause such person to comply with the terms and conditions of this EULA and all applicable laws. If you become aware of any violation of this EULA or any applicable law, you will promptly notify Glorieta and provide Glorieta with all reasonable assistance in exercising any rights or remedies Glorieta or you may have against such person in respect of the violation.

PROHIBITED USES:  Glorieta reserves the right, without notice or limitation, to limit or restrict your use of the CAFOweb Service or to deny, terminate, end, modify, disconnect, or suspend CAFOweb Service to you if Glorieta, in its sole discretion, determines action is necessary to protect other parties or Glorieta's systems, networks, or business from harm or degradation. Without limiting the foregoing, you will not use the CAFOweb Service or permit any other person to use the CAFOweb Service: (a) in a manner that violates, or would cause Glorieta to violate, any applicable law, including any laws applicable to the import or export of products, services, computer software, or data; (b) in connection with any activity where the failure or fault of the CAFOweb Service could lead to death or injury of any person or damage to any physical property of any person; or (c) in connection with the development, design, manufacture, production, stockpiling or use of nuclear, chemical or biological weapons, weapons of mass destruction, illegal gambling, terrorism, narcotics, or arms trafficking.  You will not permit any other unauthorized person to access, or assist any other person in accessing, the CAFOweb Service.

FEES; PAYMENT: Glorieta may change the price for the CAFOweb Service at any time. Glorieta will provide you reasonable notice of any price change.  You will pay for the CAFOweb Service using a valid credit card.  Glorieta will charge such credit card for a monthly license fee, maintenance fee and technical support fee, and required taxes and/or fees.  Following your purchase, each month thereafter, on the anniversary day of your purchase (“monthly due date”), unless this EULA is terminated or you provide Glorieta with alternate payment instructions, Glorieta will automatically charge such credit card for the monthly license fee, maintenance fee, technical support fee, and required taxes and/or fees.   If payment is denied and/or is not otherwise received in full on a monthly due date, Glorieta, at its sole discretion may suspend or terminate your access to the CAFOweb Service.  Without limiting the foregoing, late fees may be assessed, in amounts up to the maximum amount permitted by law in the state of your billing address. Glorieta may also charge you any costs Glorieta pays to a collection agency to collect unpaid balances from you. You will be responsible for the payment of all taxes and state and local fees relating to your purchase and use of the CAFOweb Service and Glorieta may charge you for any such taxes and fees, as applicable.

LIMITED WARRANTY:  Glorieta warrants to you that the CAFOweb Service will perform substantially in accordance with any documentation provided to you by Glorieta when used as directed.  There are no other expressed or implied warranties (including implied warranties of merchantability, noninfringement and fitness for a particular use) regarding the cafoweb service.  GLORIETA PROVIDES THE CAFOWEB SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS. YOUR USE OF AND ACCESS TO THE CAFOWEB SERVICE IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR USE.  THE CAFOWEB SERVICE DOES NOT MAKE DECISIONS FOR YOU.  Your sole and exclusive remedy for any breach of warranty is that Glorieta, at its option, either will refund the amount you paid for the CAFOweb Service in the previous six (6) months or repair the CAFOweb Service.

Glorieta does not guarantee any results or the accuracy of any results that you may obtain from the CAFOweb Service. Glorieta does not warrant that the CAFOweb Service will meet your requirements or that the operation of the CAFOweb Service will be uninterrupted or error free. The foregoing warranties do not apply if you use the CAFOweb Service other than as directed by Glorieta. Although changes or improvements to the CAFOweb Service may be made, Glorieta will be under no obligation to provide them to you.

EXCLUSIVE REMEDY:  You agree that the remedies set forth in this EULA shall constitute your sole and exclusive remedies available for any breach of this EULA by Glorieta, including any breach of warranty, whether expressed or implied. GLORIETA's sole obligation and your exclusive remedy for any warranty failure is the correction of the nonconforming CAFOweb Service or the refund of an amount not to exceed the actual amount of payments paid by you in the previous six (6) month period to Glorieta for the nonconforming CAFOweb Service.

LIMITATION OF LIABILITY:  UNDER NO CIRCUMSTANCES WILL GLORIETA BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PROVIDING OR FAILING TO PROVIDE THE CAFOWEB SERVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.  REGARDLESS OF WHETHER THIS EULA OR ANY REMEDY HEREUNDER MAY BE CONSIDERED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL GLORIETA’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATING TO REGARDING THIS EULA OR THE CAFOWEB SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, EXCEED THE FEES PAID BY YOU TO GLORIETA DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION FIRST OCCURRED.

INTELLECTUAL PROPERTY RIGHTS:  As between you and Glorieta, Glorieta owns all right, title, and interest in and to the CAFOweb Service.  You may not use or access the CAFOweb Service for any purpose other than as expressly permitted by this EULA. You will not: (i) alter, modify, tamper with, or create derivative works of any part of the CAFOweb Service or any of the content or materials constituting a part thereof; (ii) reverse engineer, disassemble, or decompile any part of the CAFOweb Service; (iii) resell or sublicense the CAFOweb Service.  You will not assert or assist any other person in asserting any claim of patent or intellectual property infringement against Glorieta or any of its licensors with respect to the CAFOweb Service. Nothing in this Agreement grants to you any right to use any trademark, trade name, service mark, or other designation of origin of Glorieta or any of its licensors.

You acknowledge that the CAFOweb Service contains trade secrets and other confidential information of Glorieta and its licensors.  You agree to take all steps necessary to protect the CAFOweb Service from disclosure or unauthorized access and otherwise maintain the confidentiality thereof.  Glorieta reserves the right to protect the CAFOweb Service with any means possible either by software and/or hardware solutions. You further acknowledge that the CAFOweb Service may be covered by one or more copyrights, patents, patent applications or other registered intellectual property rights owned by Glorieta and/or its licensors, including, without limitation, CAFOweb, LLC.

TERMINATION:  If you violate any term or condition of this EULA or if you fail to pay any amount due by the date on which such amount is due, Glorieta may immediately terminate this EULA and the license provided hereunder.  You may voluntarily terminate this EULA at any time upon notice to Glorieta.  If the license is terminated for any reason, you will not be entitled to any refund.

NOTICE: Any notice or other communication to Glorieta should be sent to the address below.  Such notices will be deemed received at such addresses upon the earlier of (i) actual receipt or (ii) delivery in person, by fax with written confirmation of receipt, or by certified mail return receipt requested.

Glorieta Geoscience, Inc.
P.O. Box 5727
Santa Fe, NM 87502

With a copy to:

Scott H. Sanger, Esq.
Taos Attorney, LLC
5434 NDCBU
Taos, NM 87571 

GENERAL:  By clicking “ACCEPT” below, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms.  The agreement between you and Glorieta regarding the CAFOweb Service consist solely of this EULA and does not include any other prior or contemporaneous promises, representations or descriptions regarding the CAFOweb Service even if they are contained in materials provided by Glorieta. This EULA may only be modified in a written amendment signed by an authorized officer of Glorieta. If any provisions of this EULA are invalid under applicable law, they are, to that extent, deemed omitted. You may not transfer, assign or otherwise convey this EULA or any of your rights or obligations hereunder to any other person or entity; provided, however, that you may assign this EULA to a successor in interest to all or substantially all of your assets or business.  This EULA and performance hereunder will be governed by and construed in accordance with the laws of the State of New Mexico, without reference to choice of law principles.
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