Software License Agreement

ASTi Redsim Software License Agreement
Rev. D (February, 2019)

General Statement

The Redsim DIS Tools Software and accompanying documentation (respectively "Software" and "Documentation") are protected by the copyright law of the United States and International copyright treaties. In addition, the possession and use of the Software and accompanying Documentation, as well as any upgrades provided by ASTi, are subject to the restrictions contained in this agreement.

This document shall be covered by and governed in accordance with the laws of the Commonwealth of Virginia.

License Uses and Restrictions

The purchaser of Redsim DIS Tools software ("Customer") assumes responsibility for adherence to the terms of the applicable license agreement as defined in this document. Customer also assumes responsibility for ensuring that other authorized users are fully informed of the terms of the license.

Single User License: ASTi grants Customer use of the Redsim DIS Tools software for installation on one Windows computer or virtual machine (VM). Installation of the software on multiple computers or VMs simultaneously is expressly prohibited.

Site License: A Site License allows for unlimited installation of specific Redsim DIS Tools products within a single building--or in certain circumstances by prior explicit agreement--a colocated group of buildings comprising a single simulation facility or project.

Unless otherwise indicated in the contract, Customer's license with respect to the licensed software shall be perpetual, subject only to the termination provisions set out in the contract.

Ownership and Consent to Use

Ownership of and title to the Software and Documentation (including any adaptations or copies) shall be held by ASTi and/or its licensors. Copies are provided to Customer only to allow exercise of Customer rights under this agreement.

Transfer of System Software

ASTi grants Customer full rights to transfer ownership of software to any U.S. Government or authorized third party. All software license rights granted herein are transferred to the new owner. Note that where transfer involves export out of the United States, such transfers may be subject to U.S. EAR and ITAR export control restrictions. See Export Control statement below.

Media Warranty

ASTi warrants the physical media of ASTi Software provided against physical defects for a period of 90 days from receipt. The sole remedy for defective media is replacement.

Version and Capability Updates

Additional software acquired separately or as an upgrade is also governed by the terms of this agreement. If a software update completely replaces (full install) a previously licensed version, customers cannot run both versions of the software at the same time, nor may they transfer use of previous versions to other platforms.

Protection of Software

Customer agrees to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. Customer may not translate, reverse translate, decompile or disassemble the Software.

Termination

This license agreement is effective until terminated and will terminate automatically, without notice, from ASTi if Customer fails to comply with any provision of this license. Upon termination, Customer shall destroy the Software and Documentation, including archival copies, if any exist.

U.S. Government Restricted Rights

Use, duplication, or disclosure by the United States Government is allowed, subject to restrictions set forth in the applicable FAR and DFAR regulations for COTS software and hardware products. Contractor/Manufacturer is ASTi, 500A Huntmar Park Drive, Herndon, Virginia 20170.

Export Control

Customer and/or user hereby represent and warrant they understand that the Software and Documentation, including any additional components, libraries, or other capabilities provided, may be subject to export controls under the U.S. Commerce Department's Export Administration Regulations (EAR) and/or U.S. Department of State and International Traffic in Arms Regulations (ITAR).

Customer agrees and understands that they are responsible for complying with all U.S. Export Laws, Controls, Agreements, and Regulations and will not knowingly, directly, or indirectly export, re-export, transfer, or transmit any part of the Software or Documentation to a non-U.S. country, prohibited destination, person, or entity, or for use in connection with a prohibited or restricted end-use, without obtaining the appropriate written authorizations and/or licensing as applicable.

Warranty Disclaimer

ASTi makes no warranty, representation, or promise not expressly set forth in this limited warranty. ASTi disclaims and excludes any and all implied warranties of merchantability, title, and fitness for a particular purpose. ASTi does not warrant that the ASTi Software and Documentation are without defect or error, or that the operation of the Software will be uninterrupted.

Limitation on Liability

ASTI's aggregate liability, arising from or relating to Customer's use of ASTi Software and associated Documentation, is limited to the total of all payments made by or for Customer for the ASTi Software and Documentation. Neither ASTi nor any of its licensors, employees, or agents is responsible for lost profits or revenue, loss of use of software, loss of data, costs of recreating lost data, the cost of any substitute equipment or program.

Note: Some states do not allow limitations on how long an implied warranty lasts. Also, some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation(s) may not apply to Customer. This warranty gives Customer specific legal rights, which vary from state to state.