The web-based version of SIMdecisions and related documentation (the "Product") is made available to you under the terms of this SIMDECISIONS END-USER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "ACCEPT" LINK, THE "JOIN" LINK, OR BY USING THE SIMDECISIONS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE "ACCEPT" LINK AND DO NOT USE ANY PART OF THE SIMDECISIONS PRODUCT.

1. LICENSE GRANT. Deia Solutions, Inc. grants you a personal, non-transferable and non-exclusive license to use the web-based version of the SIMdecisions Product (the "Service"). This Agreement will also govern any software upgrades provided by Deia Solutions, Inc. that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.

2. LICENSE RESTRICTIONS
You shall not copy, reverse engineer, decompile, disassemble, translate, modify or make derivative works of the Software, screen outputs or prints in whole or in part. Further, you shall not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Software, prints or screen outputs or any part thereof or use it in any manner not expressly authorized by this Agreement. Any attempt to transfer any of the rights, duties or obligations hereunder except as expressly provided for in this Agreement is void. The Software contains confidential and trade secret information of Deia Solutions, Inc., and you shall at all times take reasonable steps to protect the confidentiality of such information. In addition, you agree that the Software may not be acquired, shipped, transported, exported, or reexported (1) into (or to a national or resident of) any U.S. embargoed country or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF AIR TRAFFIC CONTROL OR ANY OTHER SUCH HAZARDOUS ACTIVITIES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. MEMBER CONDUCT
You understand that all information, forum posts, data, text, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Deia Solutions, Inc., are entirely responsible for all Content that you upload, post or otherwise transmit via the Product. Deia Solutions, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Deia Solutions, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service. You agree to not use the Service to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a Deia Solutions, Inc. official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; e. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as designated forums) that are designated for such purpose of solicitation. You agree that the webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any forum topic at any time should they see fit. As a user you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised. While the administrators and moderators of this forum will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore you acknowledge that all posts made to these forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.

4. INDEMNITY
You agree to indemnify and hold Deia Solutions, Inc., and its subsidiaries, affiliates, officers, agents, other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Software License, or your violation of any rights of another.

5. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Deia Solutions, Inc. ID); use of the Service; results, analysis, data, or conclusions made as a result of use of the Service; or access to the Service.

6. GENERAL PRACTICES REGARDING OWNERSHIP USE AND STORAGE
You acknowledge that Deia Solutions, Inc. may establish general practices and limits concerning use of the Service. You agree that Deia Solutions, Inc. has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You further acknowledge that Deia Solutions, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You acknowledge that Deia Solutions, Inc. owns all information, Content, and data available through or produced by the Service.

7. MODIFICATIONS TO SERVICE
Deia Solutions, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Deia Solutions, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. TERMINATION
You agree that Deia Solutions, Inc. may, under certain circumstances and without prior notice, immediately terminate your Deia Solutions, Inc. account, any associated data, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Software License, or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.

9. DISCLAIMER OF WARRANTIES a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" WITH ALL FAULTS AND "AS AVAILABLE" BASIS. DEIA SOLUTIONS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. DEIA SOLUTIONS, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEIA SOLUTIONS, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SOFTWARE LICENSE OR TOS. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEIA SOLUTIONS, INC., ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEIA SOLUTIONS, INC. SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEIA SOLUTIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. DEIA SOLUTIONS, INC.'S AND ITS EMPLOYEES' AND AGENTS' AGGREGATE TOTAL LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE LICENSE FEE PAID TO DEIA SOLUTIONS, INC. You expressly assume all responsibility for any damages, lost data, lost profits and other consequential damages that may result in any way out of this Agreement, including without limitation, use of the Software. You expressly agree that the license fee has been negotiated and agreed to by Deia Solutions, Inc. based in part upon the foregoing limitation of liability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

11. U.S. GOVERNMENT END-USERS. The Product is a "commercial item," as that term is defined in 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 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth herein.

12. GENERAL
(a) Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of Texas applicable to agreements entered into and to be performed entirely within Texas between Texas residents, and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods.
(b) Assignment. This Agreement will bind and inure to the benefit of each party's successors and assigns, provided that you may not assign this Agreement, in whole or in part, without Deia Solutions, Inc.'s prior written consent.
(c) Severability. If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and if not possible, severed, and the legality and enforceability of the other provisions of this Agreement will not be affected.
(d) f any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
(e) NOTICE Deia Solutions, Inc. may provide you with notices, including those regarding changes to the Software License, by either email, regular mail, or postings on the Service. This Product uses cookies to store information on your local computer. These cookies do not contain any of the information you have entered in the registration process but are necessary for the use of the Sevice.
(f) Entire Agreement. This license constitutes the entire agreement between you and Deia Solutions, Inc. with respect to the use of the Service and Software.