Annexure A
VBS3 SOFTWARE (ACADEMIC EDITION)
END USER LICENSE AGREEMENT
IMPORTANT: Please be sure to carefully read and understand all of the rights and restrictions described in this End User License Agreement (“EULA”). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO EACH AND EVERY TERM OF THIS EULA, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
This EULA is a legal agreement between you and:
if you are located in the USA, Canada or South America, Bohemia Interactive Simulations, Inc. a Florida corporation with its principal place of business at 3050 Technology Parkway, Suite 110, Orlando, Florida 32826, USA; or,
if you are located in Europe, Bohemia Interactive Simulations k.s. a Czech Republic limited partnership with its principal place of business at Vltavska 3101/24, Smichov, 150 00 Prague 5, Czech Republic; or,
if you are located elsewhere, Bohemia Interactive Australia Pty. Ltd. (ACN 099 083 100), an Australian corporation with its principal place of business at Unit 2, Building A, 1 Technology Place, Williamtown NSW 2318, Australia,
and whichever of Bohemia Interactive Simulations, Inc. or Bohemia Interactive Simulations k.s. or Bohemia Interactive Australia Pty. Ltd, is relevant to your location, is referred to throughout this EULA as “BISim,” (references to which include BISim’s Affiliates where appropriate).
This EULA governs the installation, access and/or use of: (i) the computer software known as VBS3 Academic Edition, being the academic edition of the VBS3 software; (ii) if provided with this copy of the Software, the Tools (as defined below) (iii) any plug-in modules licensed or otherwise provided by or on behalf of BISim with or for use with the VBS3 software (which may include, but are not necessarily limited to, VBSFires, VBSStrike and/or VBSFusion); (iv) patches, updates and supplements (including additional plug-ins), if any, to the VBS3 Software or Tools which BISim may from time to time provide in the exercise of its sole and absolute discretion; (v) all printed or electronic materials provided by BISim in relation to the foregoing; and (vi) any discs or other media on which any of the foregoing are delivered or provided; all collectively referred to in this EULA as the “Software”.
IMPORTANT TERMS
This copy of the Software is licensed and not sold to the LicenseE (defined below) and IT may be installed, accessed and used solely by Authorised Users (defined below) OF THE LICENSEE ON AUTHORISED DEVICES (DEFINED BELOW) for an authorised use (defined below) pursuant to the terms of, AND ONLY AS EXPRESSLY PERMITTED BY, this EULA..
It is your responsibility to determine if you CURRENTLY QUALIFY AS AN AUTHORISED USER UNDER THE DEFINITION SET FORTH BELOW. If you do not qualify as an Authorised User UNDER EITHER PART OF THIS DEFINITION, you MUST not install, access or use the Software.
“AFFILIATES” means any parent or subsidiary entity of BISim, or any entity owned by a parent or subsidiary entity of BISim.
“AUTHORISED DEVICE” is defined as a desktop or laptop computer and other simulation training devices owned and controlled by and maintained on the premises or facility of the Licensee.
“AUTHORISED USE” is defined as use of the Software for research and experimentation purposes only and for no other purpose, including but not limited to using VBS for military training.
“AUTHORISED USER” is defined as the Licensee’s officers, employees, student interns and paid student research assistants who use the Software for an Authorised Use in the course of their employment or internship and with the permission of the Licensee.
“LICENSEE” is defined as the legal entity (e.g., university or agency) who purchased the Software from BISim or one of its authorised resellers.
The Software is licensed only for Authorised Use by Authorised Users and on the strict condition that each Authorised User accepts all of the terms and conditions contained in this EULA on behalf of the Licensee and complies with them. By installing, accessing or using the Software, or by otherwise accepting this EULA, you represent that you are an Authorised User and irrevocably agree to be bound by the terms of this EULA.
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 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 Software and you must not thereafter use or access the Software unless and until you accept this EULA.
THE LICENSEE MUST ENSURE THAT ONLY AUTHORISED USERS ARE ALLOWED TO INSTALL, ACCESS AND USE THE SOFTWARE, THAT THE SOFTWARE IS ONLY USED FOR AN AUTHORISED USE, THAT THE SOFTWARE IS INSTALLED ONLY ON AUTHORISED DEVICES, AND THAT ALL USERS ARE PROVIDED WITH A COPY OF, ACCEPT AND COMPLY WITH THIS EULA.
BY INSTALLING THIS SOFTWARE OR ANY patch, update OR supplement THERETO (including additional plug-ins), YOU REPRESENT THAT YOU ARE THE LICENSEE OR ARE AUTHORISED TO ACCEPT THIS EULA ON BEHALF OF THE LICENSEE AND ACKNOWLEDGE THAT THE LICENSEE IS RESPONSIBLE FOR COMPLIANCE WITH THIS EULA BY ALL USERS.
INTELLECTUAL PROPERTY RIGHTS
The 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 BISim, its Affiliates 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 BISim, its Affiliates or its licensors. This EULA does not grant the Licensee or you any intellectual property rights in the Software or in derivative works based on the Software (with the exception of contributions to certain New Content and Plug-Ins, as provided below).
GRANT OF LICENSE
The Software is licensed and not sold to the Licensee and its use is subject to this EULA. The Licensee may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in its possession.
Subject to the Licensee’s agreement to and continuing compliance with this EULA, BISim grants to the Licensee and the Licensee hereby accepts a limited, personal, restricted, non-exclusive and non-transferable license to install, access and use the Software only as expressly permitted in this EULA. Without limiting the foregoing, this license grant is expressly conditioned on your continued compliance with the restrictions and obligations set forth in the License Restrictions and Obligations and New Content and Plug-Ins sections of this EULA (below), and any use in contravention of these restrictions and obligations shall violate this EULA and infringe on the copyrights and other intellectual property rights of BISim, its Affiliates and its licensors.
All rights not expressly granted in this EULA are reserved by BISim, its Affiliates and its licensors.
License Restrictions and Obligations
You must comply with, and Licensee must ensure compliance with, the following restrictions and obligations with respect to the Software, each of which is a condition to the license granted in this EULA:
(a) Copies of the Software may be made available to and used solely by Authorised Users for an Authorised Use and only in accordance with the terms and conditions of this EULA. You must not use or copy the Software except as expressly provided in this EULA.
(b) This Software may be installed only on Authorised Devices (as defined above) owned and controlled by and maintained on the premises or facility of Licensee. The Software may be installed on multiple Authorised Devices; however, notwithstanding multiple installations of this Software, only one installation of the Software may be accessed and used by one user at any one time. The Software shall not be installed or used within a terminal server environment such as, but not limited to, a CITRIX Metaframe server, nor shall it be installed or used on any device that is not owned and controlled by and maintained on the premises or facility of Licensee (such as an Authorised User’s personal home computer).
(c) The Software (including but not limited to all or any part of the Software source code) shall not be decompiled, modified, reverse engineered or disassembled, and shall not be communicated to the public or made available on the Internet or over any other network. You are expressly prohibited from unpacking or otherwise opening content files contained in the Software (including but not limited to files with the .zbo, .pbo or .ebo file extension) and from accessing or attempting to access the Software source code.
(d) The Software (including any physical copy thereof) shall not be rented, sold, leased, provided, transferred, loaned, sublicensed, assigned or distributed to any third party (including but not limited to other companies, academic organizations, defence forces, agencies or personnel outside the Licensee) without prior written permission from BISim which BISim may give or withhold in its absolute discretion. For the avoidance of doubt, this restriction means that, if the Software is integrated by the Licensee with hardware and/or other software to create an integrated product (“Integrated Product”), the Integrated Product incorporating the Software cannot be rented, sold, leased, provided, transferred, loaned, sublicensed, assigned or distributed to any third party (including but not limited to other companies, academic organizations, defence forces, agencies or personnel outside the Licensee) without prior written permission from BISim which BISim may give or withhold in its absolute discretion.
(e) The Software shall be accessed and used solely and exclusively with the applicable hardware digital rights management device (dongle), software rights management system or other anti-theft security measure that accompanies it (collectively, the “Security Measures”) and you shall not attempt to disable or circumvent the Security Measures or to install or use the Software on a device that is not compatible with the Security Measures. Each dongle or other Security Measure shall be used to give access to only one Authorised User on one Authorised Device at one time. BISim reserves the right to update or replace the Security Measures from time to time.
(f) No modification shall be made to the splash or main menu screens of the Software without prior written permission from BISim, 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 VBS3 start-up process. This EULA shall not be modified, hidden or otherwise avoided.
(g) You must not delete or obscure any copyright, trademark or other proprietary notice in the Software or accompanying materials.
(h) Derivative works based on or incorporating the Software or any component thereof may not be made except to the extent expressly permitted in the New Content and Plug-Ins section of this EULA. Plug-Ins and New Content, as defined below, may be used only in conjunction with licensed uses of the Software. You may not add any of the functionality, software, tools, content or features that are contained in the complete version of the Software, but have been excluded from a “Lite” version, to any Lite version.
(i) You must not claim ownership of the Software either verbally or in writing.
(j) You agree to use your best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorised person has access to the Software and that there is no unauthorised copying, use or distribution of the Software or any accompanying documentation or any other breach of this EULA.
(k) You may not distribute the Tools (defined below) or use them except as expressly permitted in this EULA.
(l) You may use the sample 3D models provided in the Tools (“Sample Models”) in any way provided that: (i) neither Licensee, you nor any Authorised User shall acquire or claim any intellectual property rights, trade dress or trademark or other form of rights in and to the Sample Models or any works created from, using or otherwise derivative of the Sample Models; (ii) Licensee is solely liable for and agrees to indemnify BISim, its Affiliates and licensors with respect to any claims relating to any works created from, using or otherwise derivative of the Sample Models which you create or distribute; (iii) no warranties or assurances are given by BISim as to the suitability of the Sample Models for any development; (iv) you or Licensee shall use reasonable endeavours to identify to third parties that any works created from, using or otherwise derivative of the Sample Models which you create or distribute are based on and derived from the relevant Sample Model(s) which are proprietary to BISim.
The restrictions and obligations set forth in this Grant of License 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.
NEW CONTENT AND PLUG-INS
Definitions Applicable to New Content and Plug-Ins
“Interface(s)” means the VBS3 Application Scripting Interface, which is a form of application programming interface (“API”) that allows compiled VBS3 plug-ins to tie into the VBS3 simulation loop and call VBS3 script commands, and also includes, if licensed or otherwise provided to the Licensee, the VBSFusion API, and any other API provided by BISim for use with the Software.
“New Content” means new scenarios, 3D models (including but not limited avatar, weapon, building, vehicle, aircraft or ship 3D models), and terrains used with the Software and created by or for the Licensee (whether using the Tools provided with the Software or otherwise).
“Plug-In” means an add-on that functions with the Software using an Interface and is created by or for the Licensee.
“Tools” means the Interfaces, any mission editor, object editor, terrain editor or finite state machine (artificial intelligence) editor provided by BISim with the Software or any other tools or editors provided by or with the permission of BISim with or for use with the Software.
New Content: The version of the Software licensed to the Licensee may include Tools that allow users to create New Content. If Tools that can be used to create New Content are provided with this copy of the Software, then, subject to the terms and conditions of this EULA including, without limitation, the Restrictions on New Content and Plug-Ins set forth below, the Licensee and other Authorised Users who are acting within the scope of their existing employment with the Licensee and with the Licensee’s permission may use these Tools solely and exclusively to create New Content for use with this or other licensed copies of the VBS3 Software to the limited extent permitted in the Ownership and Use of New Content and Plug-Ins section of this EULA. If you are an employee or intern of the Licensee, you must deliver all copies of all New Content that you create to the Licensee. NEW CONTENT MAY NOT BE DISTRIBUTED TO OTHER USERS EXCEPT AS EXPRESSLY PERMITTED IN THE OWNERSHIP AND USE OF NEW CONTENT AND PLUG-INS SECTION OF THIS EULA.
Plug-Ins: If this copy of the Software includes an Interface that can be used to create Plug-Ins, then, subject to the terms and conditions of this EULA including, without limitation, the Restrictions on New Content and Plug-Ins set forth below, the Licensee and other Authorised Users who are acting within the scope of their existing employment with the Licensee and with the Licensee’s permission may use the Interface solely and exclusively to create Plug-Ins for use to the extent permitted in the Ownership and Use of New Content and Plug-Ins section of this EULA. If you are an employee or intern of the Licensee, you must deliver all copies of all Plug-Ins that you create to the Licensee. PLUG-INS MAY NOT BE DISTRIBUTED TO OTHER USERS EXCEPT AS EXPRESSLY PERMITTED IN THE OWNERSHIP AND USE OF NEW CONTENT AND PLUG-INS SECTION OF THIS EULA.
Restrictions on New Content and Plug-Ins: New Content and Plug-Ins may not be used or distributed except as specifically authorised in this EULA. All New Content and Plug-Ins: (i) must not contain modifications to any executable or content file (including but not limited to files with the .pbo .ebo or .zbo file extension); (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 or material which has a harmful or malicious purpose; and (iii) must not contain any trademarks (whether registered or at common law), copyright-protected work or other property of third parties unless you are licensed to use them. The foregoing restrictions shall survive termination of this EULA for whatever reason.
You shall not use or distribute any of the Tools except as expressly permitted in this EULA.
Your right to create and distribute New Content and Plug-Ins and to use the Tools is expressly conditioned on your compliance with the foregoing restrictions.
Ownership and Use of New Content and Plug-Ins: You acknowledge and agree that BISim, its Affiliates and licensors, the owners of the copyrights and other intellectual property rights in the Software, shall retain all right, title and interest in and to the copyrights in the Software and in any components of the New Content or Plug-Ins that incorporate or are derivative of the Software or any part thereof (and you hereby assign any interest you may acquire in such derivative works to BISim 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 New Content and Plug-Ins 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 Authorised User shall acquire or claim any trade dress or trademark or other non-copyright rights in any New Content or screen displays, or obtain any intellectual property rights in and to the Software or any of the Tools; and (ii) Licensee is solely liable for and agrees to indemnify BISim, its Affiliates and licensors with respect to any claims relating to any New Content or Plug-Ins which you create or distribute. No warranties or assurances are given by BISim as to the suitability of the Software or any of the Tools for any development of New Content or Plug-Ins.
Notwithstanding Licensee’s or any other party’s ownership of any Plug-Ins or New Content created by or for them, they, the Licensee, all Authorised Users and you are expressly prohibited from distributing or commercially exploiting or attempting to distribute or commercially exploit any such items (or any of the Tools) except to the limited extent that:
Subject to the terms and conditions of this EULA and provided that such New Content or Plug-In does not incorporate the Software, the Licensee and only the Licensee is entitled to distribute New Content or Plug-Ins created by the Licensee or its Authorised Users for use with the VBS3 software and not for any other use.
No use may be made of any New Content or Plug-Ins except as expressly authorised in this EULA without a separate written agreement first being entered into between BISim and the Licensee. The Licensee is expressly prohibited from selling or extracting any consideration or charge for any New Content or Plug-In.
The restrictions and obligations set forth in this New Content and Plug-Ins 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.
TERMINATION
You may terminate this EULA at any time by permanently deleting the Software from all hard drives, networks and other storage media and destroying or returning to BISim, at your own cost, the Software, all backup copies, and all related materials in your possession or under your control. This EULA will terminate automatically without notice from BISim if you fail to comply with any provisions of this EULA or at the expiration or termination of BISim’s license with Licensee. Upon termination of this EULA for whatever reason, (a) all licenses and rights to use the Software (including, but not limited to, the Tools) shall automatically terminate, (b) you must immediately cease any and all use of the Software, and (c) if the Licensee’s rights under this EULA have terminated and you have not already done so you must immediately delete the Software from all hard drives, networks and other storage media, and you must destroy or return to BISim, at your own cost, the Software, all backup copies, and all related materials. All provisions of this EULA as to warranties, limitation of liability, remedies and damages, as well as any other rights or obligations which, from the context of this EULA, are intended to do so, will survive its termination or expiration. BISim will not be liable in respect of any damage caused by the termination of this EULA or any license under this EULA for whatever reason. Termination of this EULA or any license hereunder for whatever reason is without prejudice to all other rights and remedies of BISim.
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.” Unless otherwise provided by applicable law, BISim warrants to the Licensee only that the Software storage medium (if any) will be free from defects in materials and workmanship under normal use for ninety (90) days from the date of purchase. This warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software storage medium (if any) fails to conform to this warranty, Licensee may as its sole and exclusive remedy, obtain a replacement free of charge if it returns the defective Software to BISim. BISim does not 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, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, BISIM DISCLAIMS 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. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, BISIM DOES 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 BISIM OR ITS AFFILIATES OR LICENSORS, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY 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 OF OR INABILITY TO USE THE SOFTWARE OR AUTHORISED DEVICES, EVEN IF BISIM OR AN AUTHORISED REPRESENTATIVE OF BISIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF BISIM OR ITS AFFILIATES OR LICENSORS FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THIS SINGLE COPY OF THE SOFTWARE. THIS LIMITATION 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.
EXPORT
You agree to comply with all applicable international and national laws and regulations that apply to the Software, and any New Content or Plug-Ins and any use you make of the Software or any New Content or Plug-Ins, specifically including but not limited to 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.
LICENSEE INDEMNITY
The Licensee hereby indemnifies and at all times undertakes to keep BISim and its Affiliates, licensors, and their respective employees and officers indemnified from and against all costs, damages, liabilities or expenses (including, without limitation, reasonable legal fees and costs) incurred by BISim or its Affiliates, licensors, and their respective employees and officers in defending or settling any actions, suits, proceedings, claims or demands made or brought against BISim and/or its Affiliates, licensors, employees and officers in consequence of or arising from; (i) any use made by the Licensee, or any Authorised User or any customer of the Licensee of the Software and/or any New Content and/or Plug-Ins created by or on behalf of the Licensee using the Software and/or the Tools; and/or (ii) any breach or non-performance of any or all of the agreements, obligations, representations, undertakings and warranties of the Licensee set out in this EULA.
JURISDICTION, VENUE AND CHOICE OF LAW
If you are located in the USA, Canada, or South America, this End User Licence Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida without consideration of its conflicts of laws provisions. Any proceeding arising out of or relating to this EULA shall be brought exclusively in the Middle District of Florida, and you hereby irrevocably submit to the jurisdiction and venue of such courts for the purpose of any such proceeding. BISim and you hereby waive all objections to personal jurisdiction and venue in the foregoing courts.
If you are located in Europe, this End User License Agreement shall be governed by and interpreted in accordance with the laws of England and Wales without consideration of its conflicts of laws provisions. Any proceeding arising out of or relating to this EULA shall be brought exclusively in the appropriate courts located in England and Wales and BISim and you hereby irrevocable submit to the jurisdiction and venue of such courts for the purpose of any such proceeding. BISim and you hereby waive all objections to personal jurisdiction and venue in the foregoing courts.
If you are located elsewhere, this End User License Agreement shall be governed by and interpreted in accordance with the laws of the State of New South Wales, Australia without consideration of its conflicts of laws provisions. Any proceeding arising out of or relating to this EULA shall be brought exclusively in the appropriate state or federal courts located in New South Wales, Australia and BISim and you hereby irrevocably submit to the jurisdiction and venue of such courts for the purpose of any such proceeding. BISim and you hereby waive all objections to personal jurisdiction and venue in the foregoing courts.
Notwithstanding the foregoing, you agree that BISim shall still be entitled to apply for injunctive remedies (or their equivalent) in any jurisdiction.
MISCELLANEOUS
This EULA also applies to any and all updates, supplements, add-on components, or Internet-based services components of the Software that BISim or its Affiliates may, but are not obliged to, provide to Licensee or you or that BISim or its Affiliates makes available to Licensee or you after the date Licensee or you obtain the initial copy of the Software.
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, the remaining provisions in this Agreement shall remain in full force and effect, and the invalid or unenforceable provision shall be modified by the relevant court in a manner consistent with the purpose of this EULA so as to be enforceable or, if not subject to such modification, then deleted from this Agreement. This EULA along with any written quotation provided to the Licensee by BISim and the terms and conditions of trade of BISim constitutes the entire agreement between you and BISim regarding the Software and its use. No amendment or modification to this EULA shall be valid unless it shall be in writing and signed by an authorised representative of BISim. BISim reserves the right to amend this EULA at any time by including such amended version in any new iteration or version of the Software provided to the Licensee.
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 Bohemia Interactive Simulations, Inc. must be addressed to:
Bohemia Interactive Simulations, Inc.
3050 Technology Parkway, Suite 110
Orlando, FL 32826
USA
All notices, requests for permissions and other communications for Bohemia Interactive Simulations, k.s. must be addressed to:
Bohemia Interactive Simulations, k.s.
Vltavska 3101/24
Smichov
150 00 Prague 5
Czech Republic
All notices, requests for permissions and other communications for Bohemia Interactive Australia Pty. Ltd. must be addressed to:
Bohemia Interactive Australia Pty Ltd
Unit 2, Building A
1 Technology Place
Williamtown NSW 2318
Australia
VBS3 © 2007-2013 Bohemia Interactive Simulations, k.s. and Bohemia Interactive Australia Pty. Ltd. All rights reserved.
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 BISIM by third party licensors as described in this eula or otherwise notified to licensee by BISIM in writing. You acknowledge and agree that you are not a third party beneficiary of any agreements between BISIM and its third party licensors. You acknowledge and agree that EACH OF BISIM’s third party licensors AND AFFILIATES IS and shall be a third party beneficiary of this EULA.
All copyright and other notices, and all other requirements relating to software and/or materials owned by third party licensors that are contained in the Software can be found here:
http://bisimulations.com/eulas/3rd-party-vendors/vbs3
Please check this link regularly as the information set out there changes from time to time.
The VBS3 Software simulates real-world weapons, vehicles and other equipment. The product names, logos, brands and other trademarks and their trade dress, get up and appearance depicted or referred to in the VBS3 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 depicted in the VBS3 Software, are not affiliated with or related to BISIM ITS AFFILIATES OR LICENSORS and do not endorse or sponsor the VBS3 Software.