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FLIGBY® Service and License Terms (SLT)

By using the Service (by checking the “I agree” box during the registration process), you (or the entity or company that you represent, collectively “You”) accept the FLIGBY Service and License Terms and the following conditions and policies, including any future amendments (collectively, the “SLT”). The current version of SLT will be posted at www.fligby.com/terms-of-use.

This SLT is between You and ALEAS Simulations, Inc. (ALEAS) for the FLIGBY online Leadership Development Game (FLIGBY).

FLIGBY is licensed, not sold. By using FLIGBY, you agree to be bound by the terms of this SLT. If you do not agree to the terms of this SLT, DO NOT CHECK THE “I AGREE” BOX AND YOU WILL NOT HAVE ANY RIGHT TO USE FLIGBY.

ALEAS reserves the right, at its sole discretion, to change, modify, add, or remove portions of this SLT at any time. Such changes will become effective thirty (30) days after they have been posted to the above website or ALEAS has otherwise notified you of the change. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this SLT, ALEAS grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use FLIGBY as it is intended to be used and in accordance with this SLT and applicable law. We grant you no other rights, implied or otherwise.

Description of Service

FLIGBY is an online game-based Leadership Development Simulation (Serious Game). This is the official Flow program for decision makers, developed by Professor Mihaly Csikszentmihalyi and ALEAS. FLIGBY is a software which delivery method is SaaS (“Software as a Service”) that provides access to software and its functions remotely as a Web-based service. FLIGBY is accessed by End-Users using a thin client via a web browser with Flash Player.

FLIGBY is intended for adults only. You must be 18 years old – or, if the age of majority in your state or province is greater than 18 years, such age of majority in your state or province.

FLIGBY requires an adequate internet connection and a Flash-enabled web-browser and a valid e-mail address to access its internet-based features, authenticate your account and perform gaming and learning functions.

You can check your computer’s FLIGBY compatibility here: www.fligby.com/systemcheck

FLIGBY License

Subject to the terms and conditions of this SLT, ALEAS grants you a non-exclusive, non- transferable license to use FLIGBY, solely for your personal, noncommercial use. You agree to maintain only one user account for the online service with which FLIGBY is used/played, and you agree to use/play FLIGBY only in connection with such user account.

You will not do, or authorize or permit any third party to do, any of the following:

  • Distribute, license or sell FLIGBY;
  • Use FLIGBY for any purpose other than your personal, noncommercial use;
  • Reverse engineer, decompile, disassemble or attempt to discover the source code for FLIGBY;
  • Modify, alter or create any derivative works of FLIGBY;
  • Remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in FLIGBY.

All rights not specifically granted under this Agreement are reserved by ALEAS.

Conditions of Use and User Conduct

As a condition of use, you agree to the following:

  • Using FLIGBY require you to open an account (including setting up password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify ALEAS immediately of any unauthorized use of your account or password, or any other breach of security.
  • You must not use the Service to harass, threaten, impersonate, or intimidate anyone.
  • You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • You must not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright, trademark or other law protecting intellectual property in any jurisdiction, or that violates any individual’s publicity or privacy rights.
  • You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
  • You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.

ALEAS’ Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “FLIGBY Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such FLIGBY Content, contained on the Service is owned, controlled, or licensed by or to ALEAS, and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights. “FLOW is Good Business”, “FLIGBY”, “Turul Winery”; “Spirit of the Wine” and all logos, characters, artwork, stories, information, names, and other elements associated thereto are the sole and exclusive property of ALEAS.

Except as expressly provided in this SLT or otherwise permitted by law, no FLIGBY Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without ALEAS’ express prior written consent.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALEAS AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND LICENSORS (THE “ALEAS AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ALEAS AND THE ALEAS AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) FLIGBY WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION OR DATA ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FLIGBY IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALEAS, THE ALEAS AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS SLT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALEAS AND THE ALEAS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT ALEAS MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF ALEAS (OR ALEAS AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT ALEAS AND THE ALEAS AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Exclusion and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. In this case the entire liability of ALEAS under or in connection with any provision of this SLT and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Game. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Information Collection and Usage

By using FLIGBY, you consent to these information collection and usage terms, including (where applicable) transfer of data to ALEAS and affiliated companies. If you connect to the Internet when using FIGBY, ALEAS may receive information from hardware manufacturers and may automatically collect certain information from your computer. This information may include, but is not limited to, user IDs (such as name, title, organization), game scores, game achievements, game performance, locations visited, hardware MAC address, internet protocol address, and your usage of various game features. All information collected by ALEAS is intended to be anonymous information that does not disclose your identity or constitute personal information, however, if you include personal information (such as your real name) in your user ID, then such personal information will automatically be transmitted to Licensor and used as described herein.

The information collected by ALEAS may be posted in anonymous and aggregate form by ALEAS on publicly-accessible web sites, shared with ALEAS’ marketing partners or used by ALEAS for any other lawful purpose.

If you register on behalf of a business or an organization (collectively, “Company”) and the Company pays for your FLIGBY account, the information collected by ALEAS may be shared as a whole (without ensuring anonymity) with your Company’s representative or with the FLIGBY Solution Provider’s representative authorized by the Company. By using FLIGBY you consent to the ALEAS’ use of related data, including public display of your data such as identification of your user created content or displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should not use FLIGBY.

ALEAS MAKES NO GUARANTEE REGARDING THE CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED USING FLIGBY. ALEAS will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on equipment, transmitted over networks accessed by the FLIGBY or the ALEAS Service, or otherwise connected with your use of the Software or the ALEAS Service.

Indemnity

You agree to indemnify, defend and hold ALEAS and ALEAS Affiliates harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using FLIGBY pursuant to the terms of this SLT.

Termination of this SLT

You agree that ALEAS may, at its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated this SLT or other agreements or guidelines which may be associated with your use of the Service. Please note that it is ALEAS’ policy to terminate the account of users who violate the copyrights of third parties.

If ALEAS does take any legal action against you as a result of your violation of this Agreement, ALEAS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ALEAS. You agree that ALEAS will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of this SLT.

General Terms

This SLT is the whole legal agreement between you and ALEAS. It governs your use of the Service and completely replaces any prior agreements between you and ALEAS with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from ALEAS.

You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions.

You agree that regardless of any statue or law to the contrary, any claim under this SLT must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

If any provision of this SLT is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this SLT shall not be affected.

Any translation of this SLT is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this SLT shall govern.

FLIGBY and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

In connection with FLIGBY, you agree to comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and you agree not to export, or allow the export or re-export of FLIGBY in violation of any such restrictions, laws, or regulations. By using FLIGBY, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

ALEAS may provide you with notices, including those regarding changes to this SLT, by email, regular mail, or postings to the Service. ALEAS’ mailing address is:

ALEAS Simulations, Inc.

12121 Wilshire Blvd, Suite 525, Los Angeles, CA 90025

If you have general questions or concerns regarding these Terms of Use, please contact us in writing at info@aleasgroup.com or at our mailing address.

Each ALEAS Affiliate is an intended third party beneficiary to this SLT and shall be entitled to directly enforce and rely upon any provision of this SLT that confers a benefit on them. Other than this, no other person shall be a third party beneficiary to this SLT.

FLIGBY Terms of Use – Version: 1.1, Date: 12 September 2012