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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 <br />