This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user and Aegis Simulation Technologies ("Aegis Tech"). By continuing the installation of this game program entitled BFRIS, by loading or running the game program, or by placing or copying the game program onto your computer hard drive, computer RAM or other storage, you are agreeing to be bound by the terms of this Agreement.
1. Grant of License of Software. Subject to the terms and conditions of this Agreement, Aegis Tech grants to you the non-exclusive and limited right to use the software game program entitled BFRIS in executable or object code form only (the "Software") for recreational purposes only. The term "Software" includes all elements of the Software such as data files, images appearing in the Software and screen displays. You are not receiving any ownership or proprietary right, title or interest in or to the Software or the copyright, trademarks, or other rights related thereto. For purposes of this section, "use" means loading the Software into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device.
You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) by you or any one at your direction and that you will not utilize and will not authorize anyone to utilize, in any other manner, the Software in violation of any applicable law. The Software may not be exported or reexported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited, by applicable law, from receiving such property.
2. Additional . Subject to the terms and conditions of this Agreement, Aegis Tech grants to you the non-exclusive and limited right to create additional maps (the "Maps") which are operable with the Software. You agree that the Maps will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) by you or anyone at your direction and that you will not utilize and will not authorize anyone to utilize, in any other manner, the Maps in violation of any applicable law. The Maps may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving such property.
You shall not rent, sell, lease, lend, offer on a pay-per-play basis or otherwise commercially exploit or commercially distribute the Maps. You are only permitted to distribute for free, without any cost or charge, the Maps to other endusers. As noted below, in the event you commercially distribute or commercial exploit the Maps or commit any other breach of this Agreement, your licenses, as granted in this Agreement, shall automatically terminate, without notice. You hereby agree to indemnify, defend and hold harmless Aegis Tech and Aegis Tech's officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against all losses, lawsuits, damages, causes of action and claims relating to and/or arising from the Maps and/or the distribution or other use of the Maps.
3. Prohibitions with Regard to Software. You, either directly or in- directly, shall not do any of the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a pay-per-play basis;
e. distribute the Software by any means, including, but not limited to, Internet or other electronic distribution, direct mail, retail, mail order or other means;
f. in any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose;
g. reverse engineer, disassemble, decompile, modify or alter the Software;
h. translate the Software;
i. reproduce or copy the Software (except as permitted by section 4. hereinbelow);
j. publicly display the Software; or
k. prepare or develop derivative works based upon the Software.
4. Permitted Copying. You may make only the following copies of the Software: (i) you may copy the Software from the CD ROM which you purchase onto your computer hard drive; (ii) you may copy the Software from your computer hard drive into your computer RAM; and (iii) you may make one (1) "back up" or archival copy of the Software on one (1) hard disk.
5. Intellectual Property Rights. The Software, including all printed material accompanying the Software (the "Printed Materials") and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software, the Printed Materials and the Aegis Tech Images are owned by Aegis Tech and are protected by United States copyright laws, international treaty provisions and all applicable law, such as the Lanham Act. You must treat the Software, the Printed Materials and the Aegis Tech Images like any other copyrighted material, as required by 17 U.S.C., 101 et seq. and other applicable law. You agree to use your best efforts to see that any user of the Software licensed hereunder, the Printed Materials or the Maps complies with this Agreement. You agree that you are receiving a copy of the Software and the Printed Material by license only and not by sale and that the "first sale" doctrine of 17 U.S.C. 109 does not apply to your receipt or use of the
Software, or Printed Materials. This section 5. shall survive the cancellation or termination of this Agreement.
6. No Aegis Tech Warranties. AEGIS SIMULATION TECHNOLOGIES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND PRINTED MATERIALS. AEGIS TECH DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY Aegis Tech AND SHOULD NOT BE RELIED UPON. This section 6. shall survive the cancellation or termination of this Agreement.
7. Venue and Liability Limitation. This Agreement shall be construed in accordance with and governed by the laws of the State of New Mexico and applicable United States federal law. Copyright and other proprietary matters will be governed by United States laws and international treaties. Except as set forth below, exclusive venue for all litigation with regard to this Agreement shall be in Bernalillo County, New Mexico and you agree to submit to the jurisdiction of the courts in Albuquerque, New Mexico for any such litigation.
IN ANY CASE, NEITHER AEGIS TECH NOR ANY OF AEGIS TECH'S OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF AEGIS TECH, OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This section 7. shall survive the cancellation or termination of this Agreement.
8. U.S. Government Restricted Rights. To the extent applicable, the United States Government shall only have those rights to use the Software and Printed Materials as expressly stated and expressly limited and restricted in this Agreement, as provided in 48. C.F.R. 227.7202-1 through 227.7204.
9. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Aegis Tech may assign its rights under this Agreement in the assigning party's sole discretion. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of Aegis Tech to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with or breach any term or condition of this Agreement, YOUR LICENSES AND THIS AGREEMENT ARE AUTOMATICALLY TERMINATED, WITHOUT NOTICE. In the event this Agreement is terminated, you
shall have no right to use the Software, the Printed Materials or the Maps, in any manner, and you shall immediately destroy all copies of the Software, the Printed Materials and the Maps in your possession, custody or control.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN AEGIS TECH AND YOU, IF ANY, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN AEGIS SIMULATION TECHNOLOGIES AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
