📄Zephyr Simulator End User License Agreement

Effective Date: March 1, 2025

Zephyr Simulator

End User License Agreement

Please read the following End User License Agreement (EULA) before using this software. The licensed computer software program identified above ("Licensed Software"), including any printed materials, any online or electronic documentation, and any derivative works thereof are copyrighted works and use of the Licensed Software is governed by this License ("License"). By using the Licensed Software you agree to be legally bound by the terms of this EULA. Any use, reproduction or redistribution of the Licensed Software 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 Licensed Software, but you may instead return the Licensed Software for a full refund.

Ownership

All title, ownership rights and intellectual property rights in and to the Licensed Software 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 Licensed Software is protected by the United States copyright laws, international copyright treaties and conventions and any other applicable laws. All rights are reserved worldwide.

License

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.

License Fees

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.

Limited Use of License

The Licensor hereby grants, and by installing the Licensed Software you thereby accept, a restricted, non-exclusive license and right to install and use one (1) copy of the Licensed Software for your personal use. The Licensed Software is licensed, not sold. Your license confers no title or ownership in the Licensed Software.

End User's Obligations

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 Licensed Software, remove any proprietary notices or labels from the Licensed Software or otherwise modify the Licensed Software without the prior written consent of the Licensor.

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

• Sell or transfer reproductions of the Licensed Software to other parties in any way, nor to rent, lease or license the Licensed Software to others

• Publish and/or distribute the computer Licensed Software or any of its parts

• Exploit the Licensed Software 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 Licensed Software.

• Use the Licensed Software for the business needs of any third party, including without limitation, providing any services to any third parties;

• Delete, alter, cover, obscure, distort, or remove any copyright or trademark notice, copyright or trademark management information, or proprietary legend contained in or on the Licensed Software;

• Give access to or allow any third party to use the account you created to use the Licensed Software.

Termination

This License is effective until terminated. You may terminate the License at any time by destroying the Licensed Software and any supporting material related to the Licensed Software. 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 Licensed Software and any supporting material.

Limited Warranty

The Licensor expressly disclaims any warranty for the Licensed Software. The Licensed Software 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 Licensed Software remains with you. However the Licensed Software is warranted that the media containing the Licensed Software shall be free from defects in material and workmanship under normal use and services and the Licensed Software 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 Licensed Software. The remedy for a Licensed Software NOT CONFORMING TO THIS LIMITED WARRANTY is the replacement of the Licensed Software with the same or a similar Licensed Software.

Limitation of Liability

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 Licensed Software, 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.

Use for Training

While it is acknowledged that the Licensed Software is a training tool, it is agreed by the End User that the Licensed Software is NOT a substitute for sanctioned and approved training standards and materials. In event of a conflict in content between the Licensed Software 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.

Compliance With U.S. Export And Sanctions Laws

The licensing of the Program hereunder is subject to the U.S. export control and sanctions laws including the Export Control Reform Act of 2018 and the Export Administration Regulations (“EAR”), the International Traffic In Arms Regulations (“ITAR”) and the trade sanctions programs administered by the Office of Foreign Assets Control (“OFAC”) (the “Export Control Laws”). Licensee agrees to comply with all applicable requirements under the Export Control Laws in connection with the licensing, use and transfer of the Software including the provisions set forth below. The Program [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.

OFAC Sanctions Laws. Licensee shall not transfer, sell, market, license, export, reexport or deliver any software supplied under this EULA to any parties located in Iran, Cuba, North Korea, Syria, Russia, the Crimea, Donetsk and Luhansk regions of Ukraine, or other countries prohibited under the U.S. sanctions programs administered by OFAC, or to other parties who will resell, market license, export, reexport, transfer or deliver such software to such countries, unless specifically authorized under such laws.

Restricted Parties. Licensee shall not transfer, sell, market, license, export, reexport or deliver the Program to any parties that are designated: (i) on the List of Specially Designated Nationals and Blocked Persons (the “SDN List”) or other sanctions lists maintained by OFAC (currently published at the Internet address http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or to any entities where 50% or more of such entities’ stock is owned by any parties on the SDN List, or (ii) on the Denied Persons List, Entity List or Unverified List published by the Bureau of Industry and Security within the U.S. Department of Commerce (currently published at the Internet address http://export.gov/ecr/eg_main_023148.asp). Licensee further represents that neither it nor any of its officers, directors, employees or principals are listed on any of such lists.

Prohibited End Uses. Licensee shall not use the Program in nuclear products, projects or activities, the design, development, production, use or stockpiling of nuclear, chemical or biological weapons, missiles or missile delivery systems, in products or facilities which engage in activities relating to such weapons or systems, terrorist activity nor any other activities prohibited under Part 744 of the Export Administration Regulations. Licensee agrees and represents that the Program will not be transferred to parties who are a “Military-Intelligence End User” in China, Russia, Venezuela, Burma, Belarus or Cambodia or end users of countries listed in Country Groups E:1 or E:2 wherever located, nor who will use the Software for a “Military-Intelligence End Use” in such countries as such terms are defined in EAR section 744.22(f). Licensee further agrees that the Program shall not be used in the performance of a “defense service” as defined under ITAR sec. 120.32, nor for providing training, consulting or other assistance to military or paramilitary forces for the performance of military or intelligence activities.

Military Agencies. Licensee shall not transfer, sell, market, license, export, reexport, or deliver the Program to parties who are military, paramilitary or defense government agencies nor to contractors who are performing services for such parties.

Indemnification

You agree to defend, indemnify and hold harmless Little Arms Studios Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Licensed Software, by you or any person using your account and password, or b) a breach of the EULA.

Miscellaneous

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.

Acceptance of Terms and Conditions

End User hereby acknowledges that he/she has read and understands the foregoing License and agrees that the action of installing the Licensed Software 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.

Contact Us

If you have any questions about this EULA, please contact us by visiting https://zephyr-sim.com/contact