ARMY Lite EULA

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END USER LICENSE AGREEMENT FOR THE VBS2 LITE: US ARMY SOFTWARE

IMPORTANT: PLEASE BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN THIS END-USER LICENSE AGREEMENT (“EULA”). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

For the purposes of this EULA, the original person or entity that licensed the Software is the United States Army (“US Army” or “Licensee”). The Software is licensed and not sold to US Army and its use is subject to this EULA.

SPECIAL LICENSE RIGHTS

The Government’s rights to use, modify, reproduce, release, perform, display, or disclose the software relating to VBS2 Lite: US Army are restricted by Contract Number W900KK-09-C-0009, 19 December 2008 and the revised Enterprise License Agreement Relating to the VBS2 Game After Ambush!, 13 April 2009, as amended, collectively the “US Army License.” Any reproduction of technical data, computer software, computer software documentation, or portions thereof marked with this legend must also reproduce the markings.

Virtual Battlespace 2 (VBS2) © 2007-2010 Bohemia Interactive a.s. Bohemia Interactive Simulations, s.r.o. and Bohemia Interactive Studio, s.r.o. (“BIS”). All rights reserved. BIS owns the registered trademark “VBS” (Reg. U.S. Pat. & Tm. Off.), the trademark “Virtual Battlespace” and the “VBS2” marks (including, but not limited to, “VBS2,” “VBS2Fires,” “VBS2FAC” and “VBS2Fusion”). Bohemia Interactive Australia Pty. Ltd. is a licensee of Bohemia Interactive a.s. and BIS. All other trademarks are the property of their respective owners. VBS2 may include “Calytrix LVC Game” and “Calytrix Combat Net Radio Simulator (CNR-Sim),” which are commercial trademarked software products of Calytrix Technologies Pty Ltd. If included, LVC Game and CNR-Sim are licensed as part of the US Army License and are thereby subject to the terms and conditions of this End User License Agreement.

This document is an agreement in respect of the suite of computer software products known as “VBS2 Lite: US Army” (the “Software”, references to which include, where relevant, any discs or other media on which the software is delivered or provided, together with all printed or electronic materials provided by the Company in relation to the use of the software), between Laser Shot, Inc. (“Company”, references to which include its licensors and affiliated companies where appropriate), the US Army and each individual who installs, accesses or uses this Software (“User(s)”). The Software is licensed on the strict condition that each User accepts and complies with all of the terms and conditions contained in this EULA. The words “you” and “your” as used in this EULA refer to the Licensee and/or each User as relevant.

You may not install, launch, access or use the Software unless you have reviewed the terms of this EULA and have accepted it by registering your acceptance using the procedure provided by the VBS2 Lite: US Army software. By registering your acceptance of this EULA, you acknowledge that you have read this EULA, understand it and agree to be bound by its terms and conditions. If you do not agree to all of the terms and conditions of this EULA, you must cancel the installation, downloading or launching of the VBS2 Lite: US Army software and you must not thereafter use or access the Software.

THIS SOFTWARE IS LICENSED AND NOT SOLD AND ITS USE IS SUBJECT TO THIS EULA. IT MAY BE INSTALLED, ACCESSED AND USED SOLELY ON DEVICES AUTHORIZED IN, AND ONLY AS EXPRESSLY PERMITTED BY, THIS EULA.

I. GRANT OF LICENSE

Company grants Users a limited, personal, restricted, non-exclusive and non-transferable license to install and use this copy of the VBS2 Lite: US Army Software on one or more personal computers (“PC(s)”) for the purpose of playing the VBS2 Lite: US Army game. All other rights are reserved.

II. INTELLECTUAL PROPERTY RIGHTS

This Software is protected by copyright and other intellectual property laws and treaties. The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Company or its licensors. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and “applets” incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its licensors. Except as expressly stated herein, this EULA does not grant you any intellectual property rights in the Software, and all rights not expressly granted to you in this EULA are reserved by the Company and its licensors.

III, NEW CONTENT

Variations means a new level or content used with the Software and created by a User using the mission editor tools provided with the Software (the “Editor Tools”).

Subject to the terms and conditions of this EULA, Company grants Users a limited, personal restricted, non-exclusive and non-transferable license to use the Editor Tools to create Variations and to use such Variations solely with licensed copies of this VBS2 Lite:US Army Software or any other gaming software product of Bohemia Interactive Australia Pty Ltd, Bohemia Interactive Simulations s.r.o. or Bohemia Interactive Studio s.r.o with which such Variations are compatible without further modification (including but not limited to the full version of VBS2). Variations: (i) must not contain modifications to any executable file; (ii) must not contain any defamatory or other illegal material, material that may or does infringe the rights (including but not limited to intellectual property rights) of a third party, material that is scandalous, obscene or which invades the rights of privacy or publicity of any third party; and (iii) must not contain any trademarks (whether registered or at common law), copyright-protected work or other property of third parties.

You acknowledge and agree that all right, title and interest in and to the copyrights in the Software and in any components of the Variations that incorporate or are derivative of the Software or any part thereof are retained by Bohemia Interactive Australia Pty Ltd, its affiliates and licensors and the owners of the copyrights and other intellectual property rights in the Software (and you hereby assign any interest you may acquire in such derivative works to Bohemia Interactive Australia Pty Ltd and agree to execute such documentation as may be necessary to perfect such assignment). Subject to the foregoing, Licensee will own (and you hereby assign to the Licensee and agree to execute such documentation as may be necessary to perfect such assignment) the copyright in any Variations created by you to the extent that they do not incorporate and are not derivative of the Software or any part thereof; provided that: (i) neither Licensee, you nor any User shall acquire or claim any trade dress or trademark or other non-copyright rights in any characters, weapon and vehicle 3D models, areas, terrains or screen displays, or obtain any intellectual property rights in and to the Software or any editor, interface or other tool; and (ii) Licensee and you are solely liable for and agree to indemnify Company, its affiliates and licensors with respect to any claims relating to any Variations which you create or distribute. You agree that you shall not claim any copyright interest in the Software or in any Variation.

No warranties or assurances are given by Company as to the suitability of the Software or any editor, interface or other tool for any development of Variations.

Notwithstanding Licensee’s or any other party’s ownership of any Variations created by or for them, the Licensee, all Users and you are expressly prohibited from commercially distributing, exploiting or attempting to commercially distribute or exploit any such Variations (or the Editor Tools).

Subject to the terms and conditions of this EULA and provided that such Variations do not incorporate the Software or any part thereof, the Licensee and individual Users, are entitled to share the Variations created pursuant to this EULA on a non-commercial basis and without charging any form of fee with other users of licensed copies of VBS2 Lite: US Army Software or any gaming software product of Bohemia Interactive Australia Pty Ltd, Bohemia Interactive Simulations s.r.o. or Bohemia Interactive Studio s.r.o with which such Variations are compatible (including but not limited to the full version of VBS2) and not for any other use.

In the absence of any agreement to the contrary between US Army and Company and written approval from Bohemia Interactive Australia Pty Ltd or Bohemia Interactive Simulations s.r.o., as provided in the US Army License, Users shall not add to, or attempt to add to, the Software any of the functionality, software, content or features that are contained in VBS2 Full, but have been excluded from the Software the Software.

The restrictions set forth in this New Content section shall survive termination of this EULA for whatever reason. Any violation of these restrictions exceeds the scope of the licenses granted in this EULA.

IV. RESTRICTIONS AND RESERVATION OF RIGHTS

You must not install, use, copy or modify the Software except as expressly permitted in this EULA. You are expressly prohibited from commercially exploiting or attempting to commercially exploit the Software.

You must not claim ownership or authorship of the Software either verbally or in writing. You must not modify, delete or obscure any copyright, trademark or other notice or legend on the Software or accompanying printed materials.

No modification shall be made to the splash or main menu screens of the Software without prior written permission from Company, which it may withhold in its unfettered discretion, and the splash and main menu screens shall not be hidden or otherwise avoided and shall remain clearly visible during the Software start-up process. You must not delete or obscure any copyright, trademark or other proprietary notice in the Software or accompanying materials. This EULA shall not be modified, hidden or otherwise avoided.

You must not decompile, reverse engineer, disassemble or otherwise reproduce the Software. You are expressly prohibited from unpacking or otherwise opening content files contained in the Software (including but not limited to files with the .pbo or .ebo file extension) and from accessing, viewing or modifying the source code for the Software.

You must not directly, contributorily or vicariously copy, communicate to the public, rent, lease, sublicense, distribute, modify or create derivative works based or incorporating the Software or any component thereof.

The Company and its licensors reserve all rights not expressly granted to you in this EULA.

All licenses granted in this EULA are expressly conditioned on compliance with the foregoing Restrictions and Reservation of Rights, which shall survive the termination of this EULA, and any use of the Software or Variations in contravention of these restrictions and obligations shall violate this EULA and infringe on the copyrights and other intellectual property rights of Company and its licensors.

V. TERMINATION

This EULA is effective until terminated pursuant to the US Army License. Your right to access and use the Software shall terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA or at the termination of Company’s license with Licensee. Upon termination of your right to access and use the Software or this EULA for whatever reason, (a) all licenses and rights to use the Software shall immediately terminate, (b) you will immediately cease any and all use of the Software, and (c) you will cooperate fully with US Army in its efforts to comply with the provisions of the US Army License that govern post-termination rights and activities. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination. The Company and its licensors will not be liable in respect of any damage caused by the termination of this EULA for whatever reason. Termination of this EULA for whatever reason is without prejudice to all other rights and remedies of the Company and its licensors.

VI. LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES

YOU ARE AWARE AND AGREE THAT USE OF THE SOFTWARE AND THE MEDIA ON WHICH IS RECORDED IS AT YOUR SOLE RISK. THE SOFTWARE AND MEDIA ARE SUPPLIED “AS IS.” NEITHER THE COMPANY NOR ITS LICENSORS WARRANT THAT THE SOFTWARE OR ITS OPERATIONS OR FUNCTIONS WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THE SOFTWARE WILL BE WITHOUT INTERRUPTION OR ERROR.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY AND ITS LICENSORS DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.

LIMITATION OF LIABILITY:

IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA SUFFERED, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY/LICENSOR OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY/LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS EULA.

As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable local legislation.

VII. CHOICE OF LAW AND VENUE

The EULA shall be deemed to have been made and executed in the United States of America, and any dispute arising under this Agreement shall be resolved in accordance with the laws of the State of Texas and the United States, without regard to their conflict of laws provisions. In the event that a claim regarding this Software arises outside the United States, you and Company agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Texas to resolve such legal matter. You and Company hereby waive all objections to personal jurisdiction and venue in the foregoing courts. Notwithstanding the foregoing agreements, you agree that Company shall still be entitled to apply for injunctive remedies (or their equivalent) in any jurisdiction.

VIII. EXPORT

You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws and regulations that apply to the Software, specifically including for the United States, the requirements of the U.S. Arms Export Control Act, including the International Traffic in Arms Regulations (ITAR) and the U.S. Export Administration Act, including the Export Administration Regulations, including the requirement for obtaining any export license or agreement, if applicable.

IX. THIRD PARTY LICENSORS

You acknowledge that the Software contains software and/or materials owned by third party licensors. You agree that you will comply with all requirements imposed upon the Company by third party licensors. You acknowledge and agree that you are not a third party beneficiary of any agreements between the Company and its third party licensors. You acknowledge and agree that the Company’s third party licensors, including Bohemia Interactive Australia Pty Ltd and Bohemia Interactive Simulations s.r.o., are and shall be third party beneficiaries of this EULA.

X. MISCELLANEOUS

This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Company may provide to you or make available to you after the date you obtain your initial copy of the Software, unless Company provides other terms along with the update, supplement, add-on component, or Internet-based services component.

If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA. This EULA constitutes the entire agreement between you and the Company regarding the Software and its use; provided, however, that this EULA shall coexist with and not supersede US Army License. No amendment or modification to this EULA shall be valid unless it shall be in writing and signed by an authorized representative of the Company. No waiver of any breach of this EULA will be a waiver of any other breach of the same or any other provision of this EULA. No waiver is effective unless in writing.

All notices, requests for permissions and other communications for the Company must be addressed to:

Laser Shot, Inc 4214 Bluebonnet Drive Stafford, TX 77477

with a copy to:

Bohemia Interactive Australia Pty Ltd 5, 6, and 7 “Nelson Corner” 138 Magnus Street Nelson Bay NSW 2315 Australia


Virtual Battlespace 2 (VBS2) © 2007-2010 Bohemia Interactive a.s. Bohemia Interactive Simulations, s.r.o. and Bohemia Interactive Studio, s.r.o. (“BIS”). All rights reserved. BIS owns the registered trademark “VBS” (Reg. U.S. Pat. & Tm. Off.), the trademark “Virtual Battlespace” and the “VBS2” marks (including, but not limited to, “VBS2,” “VBS2Fires,” “VBS2FAC” and “VBS2Fusion”). Bohemia Interactive Australia Pty. Ltd. is a licensee of Bohemia Interactive a.s. and BIS. All other trademarks are the property of their respective owners. VBS2 may include “Calytrix LVC Game” and “Calytrix Combat Net Radio Simulator (CNR-Sim),” which are commercial trademarked software products of Calytrix Technologies Pty Ltd. If included, LVC Game and CNR-Sim are licensed as part of the US Army License and are thereby subject to the terms and conditions of this End User License Agreement.

VBS2 simulates real-world weapons, vehicles and other equipment. The product names, logos, brands and other trademarks depicted or referred to in the Software or in its ancillary materials are the property of their respective trademark owners. These trademark owners, and the manufacturers of the weapons, vehicles and other equipment used in the Software, are not affiliated with or related to the producer of VBS2 and do not endorse or sponsor the Software.

VBS2Fires, VBS2FAC and VBS2Fusion © 2009 SimCentric Technologies Pty. Ltd. Open AL Copyright © 1999-2006 Creative Technology Ltd. Vorbis Sound Compression Codec Copyright © 2001 Xiphophorus Speex Codec Copyright © 2002 Jean-Marc Valin

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