Zephyr Simulator Terms and Conditions

Please read the following End User License Agreement (EULA) before using this software. The licensed computer software program identified above ("Program"), including any printed materials, any online or electronic documentation, and any derivative works thereof are copyrighted works and use of the Program is governed by this License ("License"). By using the Program you agree to be legally bound by the terms of this EULA. Any use, reproduction or redistribution of the Program not in accordance with the terms of this EULA is expressly prohibited. If you do not agree to the terms of this EULA, do not install or use the Program, but you may instead return the Program for a full refund.

All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof, including but not limited to any titles, computer code, artwork, animations, graphics, layout, trade dress, sounds, audio and visual presentations are owned by Little Arms Studios Inc. (Licensor) or its assigns and/or licensees. The Program is protected by the United States copyright laws, international copyright treaties and conventions and any other applicable laws. All rights are reserved worldwide.

This EULA grants to End User and End User accepts a personal, non-exclusive, and non-transferable license, without the right to sub-license, to use the Licensed Software, identified above, subject to the terms and conditions of this EULA ("Permitted Use"). This EULA shall apply to the software in object code, for which the End User has paid a license fee, and all updates and revisions thereto supplied by Licensor during the term hereof, and all permitted copies of any of the foregoing." Permitted Use shall be limited to the reading into and out of memory of the licensed software and the execution of the licensed software. Unless terminated, as provided below, the license granted herein shall commence on the date the End User is provided access to the Licensed Software, normally by issuance of a customer ID and password, and shall continue until End User discontinues the licensed use of the Licensed Software.

The license fees, applicable taxes, and any other charges for the license herein granted to the End User shall be the then current license fees, taxes, and charges of the Licensor for software above. Payment is due prior to the release of the Licensed Software. If End User does not pay all amounts due or otherwise does not comply with this EULA, Licensor may terminate the Agreement and cease performance of any further services.

The Licensor hereby grants, and by installing the Program you thereby accept, a restricted, non-exclusive license and right to install and use one (1) copy of the Program for your personal use. You may not network the Program or otherwise install it or use it on more than one computer at a time, except if expressly authorized otherwise in the applicable documentation. The Program is licensed, not sold. Your license confers no title or ownership in the Program.

A. Pursuant to the License, you may not, in whole or in part, copy, duplicate, reproduce, translate, reverse-engineer, modify, disassemble, decompile, derive source code, create derivative works based on the Program, remove any proprietary notices or labels from the Program or otherwise modify the Program without the prior written consent of the Licensor.

B. You are entitled to use the Program for your own use, but you are not entitled to:

• i. Sell or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others
• ii. Publish and/or distribute the computer Program or any of its parts
• iii. Exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a computer aided training center or any other location-based site where multiple users may simultaneously access the Program.

This License is effective until terminated. You may terminate the License at any time by destroying the Program and any supporting material related to the Program. The Licensor may, at its discretion, terminate this License in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any supporting material.

The Licensor expressly disclaims any warranty for the Program. The Program is provided "as is" without warranties of any kind, either expressed or implied, including, without limitation to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. The entire risk arising out of use or performance of the Program remains with you. However the Program is warranted that the media containing the Program shall be free from defects in material and workmanship under normal use and services and the Program will perform substantially in accordance with the accompanying written materials, for a period of 90 (ninety) days from the date of your purchase of the Program. The remedy for a Program NOT CONFORMING TO THIS LIMITED WARRANTY is the replacement of the Program with the same or A similar Program.

Neither the Licensor, nor its related companies shall be liable in any way for loss or damage of any kind resulting from the use of the Program, including but not limited to loss of goodwill, work stoppage, computer failure or malfunction, computer data loss, monetary loss, property damage, improper training scores, injury and/or death, or any and all other commercial damage or losses, including but not limited to consequential damages, actual damages and/or other economic loss.

While it is acknowledged that the Program is a training tool, it is agreed by the End User that the Program is NOT a substitute for sanctioned and approved training standards and materials. In event of a conflict in content between the Program and other sanctioned and approved materials, End User agrees to use and follow the sanctioned and approved training standards and materials and to promptly inform Licensor of the conflict.

End User agrees to comply fully with all United States governmental laws and regulations to assure that neither the Licensed Product, nor any direct product thereof, is exported, directly or indirectly, in violation of United States law. The Licensed Product may not be transferred outside the country where delivery is taken or transferred, sold, assigned, or otherwise conveyed to another party without Licensor's prior written consent.

This License shall be deemed to have been made and subject to the laws and jurisdiction of the Commonwealth of Virginia. Any dispute arising hereunder shall be resolved in accordance with Virginia law, not including its choice of law provisions. End User agrees that all disputes hereunder shall be resolved in the applicable state or federal courts of Virginia, consents to the jurisdiction and venue of such courts, and agrees to accept service of process by mail.

End User hereby acknowledges that he/she has read and understands the foregoing License and agrees that the action of installing the Program is an acknowledgment of End User's agreement to be bound by the terms and conditions of this License. End User also acknowledges and agrees that this License is the complete and exclusive statement of the agreement between the Licensor and End User.