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FATS LICENSE, SALE AND PURCHASE AGREEMENT disc scenarios to meet individual requirements. A fee of two hundred dollars per hour ($200.00/hr.) programming time and one hundred dollars per hour ($100.00/hr.) test time will be charged. 11. Exclusive Remedies and Limitations of Liability: a. The Customer's sole remedies against FATS for loss or damage caused by any product defect or failure, or arising from the performance or non-performance of any repair work under this agreement regardless of the form of legal action, shall be: (1) The Customer's right to receive the repair, replacement or refund owed by FATS; and (2) The Customer's right to terminate any extended Warranty or maintenance contract and to receive a refunds therefor. b. If delivery of the system is delayed beyond sixty (60) days by a cause not attributable to the Customer and not the result of a Force Majeure, the Customer's sole remedy is to cancel the order, without cancellation charge, and receive a full refund of any deposit paid. c. FATS shall not be liable for any incidental or consequential damages incurred in connection with obligations under this agreement; nor shall FATS be liable for any damages due to causes beyond the reasonable control of FATS, except for equipment damage caused by training system component malfunctions occurring during normal operating conditions. FATS shall not be liable for damages caused by the actions of unauthorized third parties, including licensees and invitees of the Customer. d. FATS shall not be liable for delays in delivery or performance, loss or damages, due to any Act of God, Force Majeure, civil disturbance, or act of war, whether such cause is direct or intermediate. e. Any legal action arising from or in connection with a product defect or failure, a service provided, or maintenance or repair work, by FATS to the Customer, shall be brought within two (2) years after the cause of action arises. 12. Termination and Cancellation: If the Customer cancels the Purchase Order in whole or in part, prior to the delivery date, a cancellation charge of ten percent (10%) of the purchase price of the canceled product(s) shall apply, plus any shipping charges incurred by FATS. 13. Training Responsibility and Indemnification: a. The Customer agrees that FATS is not responsible for any uses to which the product(s) sold herein are put, or for any individuals who use the system, even though they may be authorized users. FATS represents that its system is a useful tool when included in a comprehensive course of instruction in firearms use and safety taught by a qualified instructor, but FATS does not represent that its system will adequately train users in marksmanship, reaction time, or judgment in the use of firearms. b. The Customer agrees to post a written warning in English and Spanish in a prominent place near the training system, which substantially states: FATS, INC., DOES NOT REPRESENT OR WARRANT THAT ITS TRAINING SYSTEM WILL PROVIDE ADEQUATE TRAINING IN THE USE OF FIREARMS. A written copy of this notice must be provided to all users prior to use of the product(s). FATS must agree to the form of the Notice at the time of installation. 14. General Contract Terms: a. Any supplement to, or modification of, any provision of this agreement, shall be in writing and signed by authorized representatives of both parties. b. The Customer shall not assign this agreement, nor any rights hereunder, without the written consent of FATS, which will not be unreasonably withheld. c. If any term or provision of this agreement shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this agreement shall not be affected thereby and each term and provision hereof shall be valid and enforceable to the fullest extent permitted by law. d. The agreement is made under, and shall be interpreted and enforced in accordance with the laws of the State of Georgia. e. Any disputes between the parties concerning this agreement or its subject matter shall be resolved by a court of competent jurisdiction in Fulton County, Georgia, or at the sole option of FATS, by arbitration in Fulton County, Georgia. f. Except as relates to violations of Software Licensing, the parties agree to make reasonable efforts to mediate any dispute prior to commencing arbitration or an action in court. g. This agreement is the entire agreement between the parties with respect to the products and services sold Initialed Initialed Rev. 6/ 10/ 96