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FATS LICENSE, SALE AND PURCHASE AGREEMENT
<br />coverage period, for instructions to remove and replace the malfunctioning component properly.
<br />(4) As necessary, FATS will guide the customer with steps for calibration, alignment, and verification of system
<br />operational readiness.
<br />(5) The customer will package the failed component in the packaging used for the replacement component.
<br />FATS will designate the mode of return delivery. The customer will pay shipping costs for the returned
<br />component.
<br />(6) At its option, FATS may permit the customer to keep the replacement in lieu of return of the repaired
<br />defective component.
<br />e. If initial or subsequent diagnosis confirms that a failure exists beyond the Customer's ability to correct, FATS
<br />may send a field representative to the site to complete repairs. On raze occasions, FATS may find it necessazy to
<br />return the entire system to the factory for full servicing. Based upon availability, FATS may provide a loaner
<br />system during this period, at no charge, provided the Warranty or Extended Service Plan is in effect.
<br />l0. Software License, Rights, Limitations, and Additional Services:
<br />a. The software and attendant information licensed to the Customer with this equipment is granted solely for the
<br />Customer's use of the product in connection with the training of:
<br />(1) Federal, state, or local law enforcement officers.
<br />(2) Members of the general public who wish to use this product for general fireazms training relating to hunter
<br />education and safety, protection training, or home security; or
<br />(3) Properly licensed security personnel.
<br />b. The Customer warrants and agrees that all softwaze/video programs stamped "Restricted for Law Enforcement -
<br />Security Training Purposes Only" will not be used under any circumstances except in connection with a BONA
<br />FIDE TRAINING PROGRAM OF LAW ENFORCEMENT OR SECURITY PERSONNEL. Violation of this
<br />section by the Customer will automatically terminate the license granted by this agreement. The Customer
<br />acknowledges and agrees that FATS will not have an adequate remedy at law, that violation of this section will
<br />cause continuing harm to FATS for which money damages are not readily calculated, and that FATS may seek
<br />injunctive relief before a court of competent jurisdiction upon a showing of violation of this section, to enjoin the
<br />Customer from continuing such violation. Such injunctive relief is in addition to any other remedy available,
<br />including a suit for the recovery of damages. FATS shall be entitled to seek recovery of reasonable attorney fees
<br />and costs where allowed, upon prevailing in any action brought under this section.
<br />us[omer's Initials
<br />c. Softwaze, and attendant documentation, provided to the Customer for use with the training system aze licensed for
<br />single usage. Laser video disc scenarios are provided to the customer by copyrighted copy. The softwaze rights,
<br />and audio/video data rights, remain the property FATS. The Customer's license is non-transferrable, non-
<br />exclusive, and personal. The Customer's softwaze and audio/video data license rights are limited to use with the
<br />training system intended, and within the United States.
<br />d. The license to use software and audio/video data are subject to the following limitations:
<br />(1) The licensed property shall be used solely for the Customer's firearms training programs;
<br />(2) The licensed property shall not be reproduced or copied, in whole or in part, except as necessary for use as
<br />authorized herein; and
<br />(3) The licensed softwaze, together with all copies thereof, shall be returned to FATS when use is no longer
<br />contemplated by the Customer, or the software has been superseded or otherwise is no longer useful for
<br />operating the system.
<br />e. The Customer shall retain the software licensed by FATS in confidence, and shall not provide it to third parties,
<br />nor attempt to decompile or reverse assemble it, nor aid or assist anyone else in attempts to decompile or reverse
<br />assemble it.
<br />f. The Customer may disclose licensed software information to third parties solely for the purpose of installing,
<br />operating, or maintaining the particular product for which it was licensed, provided such other persons agree in
<br />writing in advance of disclosure, to the same conditions respecting ownership, use, and confidentiality of
<br />information contained in this agreement, and FATS is furnished with a copy of the written agreement.
<br />g. The Customer shall use its best efforts to see that its employees, agents, and users of all softwaze licensed by
<br />FATS comply with the terms and conditions of this agreement.
<br />h. By separate agreement with FATS, the Customer may arrange for FATS to custom program various laser video
<br />Initialed
<br />Initialed
<br />Rev. 6/ 10/ 96
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