PLEASE READ CAREFULLY. This product is commonly known as the Modular Medical Environment (Product), which is operated by Software (as later defined), and whereby the use of the defined term, Product, is inclusive of the Software that is used to operate the Product. The Product (and for emphasis, the Product and its Software) is owned by the government of the United States of America (Government), and by Engineering & Computer Simulations, Inc. (ECS), a Florida corporation presently located, as of June 2022, at 11825 High Tech Avenue, Suite 250, Orlando, FL 32817, and by ECS's respective assigns and lower-tier subcontractors (Subcontractors), whereby certain ownership rights have been retained by ECS and its Subcontractors, as asserted to the Government through pre-performance conditions and through ongoing contract performance requirements, for ECS's prime contractor participation in the development of the Product under Government Prime Contract Number W912CG-21-C-0024 (collectively, Assertions). Such Assertions include, but are not limited to, Federal Acquisition Regulations (FAR) 52.227-14 (MAY 2014), Rights in Data the Defense Federal Acquisition Regulations (DFARS) 252.227-7013 (FEB 2014), Rights in Technical Data - Noncommercial Items; DFARS 252.227-7014 (FEB 2014), Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation; and DFARS 252.227-7017 (JAN 2011), Identification and Assertion of Use, Release, or Disclosure Restrictions. Based upon the foregoing, the use and reproduction of the Product are governed by the terms of this Licensing Agreement. READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY AGREEMENT) CAREFULLY BEFORE OPENING THE PRODUCT PACKAGE. BY OPENING THE PRODUCT PACKAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSING AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE TERMS OF THIS LICENSING AGREEMENT, THE SOFTWARE SHOULD BE IMMEDIATELY RETURNED OR DESTROYED. SHOULD YOU HAVE QUESTIONS ABOUT THIS LICENSING AGREEMENT OR THE PROPER USE OF THE PRODUCT, PLEASE CONTACT THE ARMY GAME STUDIO AT: licensing@goarmy.com, AND REFERENCE GOVERNMENT PRIME CONTRACT NUMBER W912CG-21-C0024. ANY DETERMINATIONS OF THE GOVERNMENT ARE SUBJECT TO GOVERNMENT CONTRACTING OFFICER APPROVAL, AS MAY BE BASED UPON GOVERNMENT LEGAL COUNSEL REVIEW; IN CONJUNCTION WITH THE OWNERSHIP RIGHTS AND ASSERTIONS OF ECS AS STATED HEREIN. QUESTIONS TO ECS MAY BE SENT TO: info@ecsorl.com. IF YOU ARE ACCESSING THE PRODUCT ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE ACCEPT BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS YOU WILL NOT BE ABLE TO LOAD, ACCESS, OR USE THE PRODUCT. INSTEAD, YOU SHOULD SELECT THE DO NOT ACCEPT BUTTON AT THE END OF THIS AGREEMENT. Assertion Provisions: ECS, on behalf of itself and its Subcontractors, asserts the following Technical Data or Computer Software that are used within, or of which are otherwise made use by, the Product:

1. Joint Evacuation and Transport Simulation Federated Object Model and Associated Libraries (JETS FOM / AL), with the Basis being Government funding of development. JETS FOM / AL is provided for the Product with Government-Only Unlimited Use Rights.
2. Tactical Combat Casualty Care Simulation (TC3Sim) Software, with the Basis being that TC3Sim was developed exclusively at private expense of ECS, with TC3Sim being a Government-Off-The-Shelf (GOTS) software, and with ECS maintaining data and software rights to TC3Sim due to independent private investment and expense by ECS. TC3Sim is provided for the Product with Restricted Rights.
3. Source Data, which are Technical Data, per FAR 2.101, with the Basis being that they were developed exclusively at private expense. Source Data are proprietary to ECS, and may include, but not be limited to, preexisting data. Source Data is only provided directly to the Government, if required, but specifically, without limitation, commercial and other entities outside of the Government do not have access to the Source Data. Source Data are provided for the Product with Restricted Rights.
4. Art Assets, which are Technical Data, per FAR 2.101, with the Basis being that they were developed using mixed funds. Art Assets are proprietary to ECS, and may include, but not be limited to, preexisting data, or copyrighted material. Art Assets are provided for the Product with Government Purpose Rights.
5. Data Output, which are Technical Data, per FAR 2.101, with the Basis being that they were developed exclusively at private expense. Data Output are proprietary to ECS, and may include, but not be limited to, interim and final results associated with the development and operation of the Product. Data Output is only provided directly to the Government, if required, but specifically, without limitation, commercial and other entities outside of the Government do not have access to the Data Output. Data Output are provided for the Product with Restricted Rights.
6. Source Code, which is Computer Software, per FAR 2.101, with the Basis being that it was developed exclusively at private expense. Source Code, and the methodologies of the Source Code, are what is used to produce much of the final results of the Product. Source Code is only provided directly to the Government, if required, but specifically, without limitation, commercial and other entities outside of the Government do not have access to the Source Code. Source Code is provided for the Product with Restricted Rights.
7. Application Programming Interfaces (APIs), which are Computer Software per FAR 2.101, with the Basis being that they were developed exclusively at private expense. APIs are only provided directly to the Government, if required, but specifically, without limitation, commercial and other entities outside of the Government do not have access to the APIs. APIs are provided for the Product with Restricted Rights.
8. Other remaining Technical Data and Computer Software not elsewhere stated, referred to, or otherwise reasonably implied herein, are provided for the Product with Unlimited Rights.
Additional Provisions:
1. License to Use. Subject to the provisions contained herein, the Government and ECS (hereinafter collectively, Developer) hereby grants you a non-exclusive license to install and use the accompanying version of the Product, which includes its proprietary software, its associated documentation and any updates thereto (collectively Software). The Developer may modify the Software at any time for any reason, to maintain the Product as current.
2. Restrictions. The Product embodies trade secrets and intellectual property of the Government and ECS, and is protected by United States and international copyrights and other laws and international treaties. By using the Product, you agree that all rights, title, and interest in the Product, which includes the Software, and all copyrights and trade secrets of the Product (and its Software), are the property of the Developer. Specifically regarding the Software, and without limitation, you agree not to modify, decompile, disassemble, or otherwise reverse engineer the Software; and you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Software or associated registered user accounts, except as permitted under this Licensing Agreement. The Product has been developed for entertainment purposes only and is not designed or licensed for any other purpose. No rights, title or interest in or to any trademark, service mark, logo, trade name, or any other intellectual property right of Developer, or any other licensees, is granted under this Agreement.
3. Distribution. Except as otherwise provided in this Licensing Agreement, you may make copies of the Product and distribute them as long as: (i) the Product is fully attributed to the Developer, (ii) the Product, and specifically, but not limited to, the Software, is whole and unmodified in any way; (iii) it is provided without charge to the recipient or any other party; and (iv) the Product is not distributed as part of a package (with additional software or other products) without express written permission from Developer. Export controls also apply to distribution, as later stated.
4. Disclaimer of Warranty. UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, THE PRODUCT IS DISTRIBUTED AS IS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. THE PRODUCT YOU ARE USING IS IN THE DEVELOPMENT STAGE AND, BY USING IT, YOU AGREE TO ASSUME FULL RESPONSIBILITY AND RISK FOR ANY COSTS OR DAMAGES YOU MAY INCUR WHILE USING THE SOFTWARE. THIS PRODUCT HAS BEEN PROVIDED TO YOU FOR YOUR USE OF IT IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL THE DEVELOPER, THEIR EMPLOYEES, AFFLILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR LOST PROFITS, THAT RESULT IN ANY WAY FROM: ANY USE OF THE PRODUCT; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED BY THE DEVELOPER IN RELATION TO THE PRODUCT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE.
5. Consent to Use of Data. You agree that Developer and/or its affiliates may ask for, collect, use, store and transmit personal information to include but not be limited to: country of origin, state, zip code, birthday, and technical and related information that identifies your computing device, including without limitation your Internet Protocol address, operating system, and peripheral hardware, that may be gathered periodically to facilitate online use such as the provision of Software updates, dynamically served content and Product support. Developer may also use this information in the aggregate, in a form which does not personally identify you, for statistical purposes and to improve the Product. Disclosure of demographic information is voluntary; however, failure to provide the information may prevent you from utilizing all features of the Product.
6. Export Controls. You may not download, use or otherwise export or re-export the Product or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, neither the Product nor any underlying information or technology may be downloaded, used or otherwise exported or re-exported, unless such is accomplished in full compliance with both the United States International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), as applicable, and as amended from time-to-time; and subject to the exclusions and restrictions therein, for export of items to certain countries, persons, and entities. By downloading or using the Product, you represent and warrant that you are not from, in, or associated with, any excluded or restricted counties, persons, or entities.