End User License Agreement THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN THE PURCHASER AND/OR USER (the "USER") AND VISTA TRAINING, INC. (THE "PUBLISHER") FOR THE USE OF THESE MATERIALS (THE "LICENSED PRODUCT"). BY INSTALLING OR OTHERWISE USING THE LICENSED PRODUCT, USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS INCLUDED HEREIN. The following are agreed to by the USER: 1. If the Licensed Product is delivered as an installed program on a local computer workstation, USER may install and use the installed Licensed Product on only one workstation at any time. 2. The original installation media may be required for the Licensed Product to be useable. 3. If Licensed Product is packaged for, and is incorporated into or is delivered via, a Learning Management System (LMS), Purchaser may deliver Licensed Product via multiple password protected logins / userids, each being used by only one person employed by Purchaser. Purchaser may be required to report to the Publisher annually the number of logins / userids that have accessed the Licensed Product. USER is required to respect and protect copyright of Licensed Product, or any part thereof. 4. If another agreement between the Publisher and the Purchaser exists and it specifically includes the Licensed Materials, any conflicting terms and conditions contained within that agreement shall take precedence over this EULA. All other terms and conditions herein remain intact. 5. USER shall not copy, translate, decompile, reverse engineer, modify, or disassemble the Licensed Product in any way for any purpose. 6. USER may not separately market, sell, publish, distribute or sublicense, any part or the entire Licensed Product without written consent from the Publisher. 7. The Licensed Product and all associated elements such as derivative works, copyrights, trade names, intellectual property, and information with respect to the Licensed Product are owned by the Publisher. 8. USER may not temporarily or permanently transfer any or all of its rights under this EULA without consent of the Publisher. The USER further understands that: 1. The use of this licensed product is for training purposes only. It is to be used as part of a total training program and in conjunction with manufacturer operator and technical manuals as well as appropriate job site, employer and governmental regulations and procedures. 2. This licensed product does not replace or supersede current manufacturer-controlled documents such as operator’s manuals and service or other technical manuals. 3. Use of this licensed product generally precedes but is not intended to replace hands-on instructor training with the actual machine or product here represented. 4. Pictures, diagrams and content depicted in this licensed product do not necessarily represent any specific machine model or workplace unless used within a Licensed Product specifically intended for such a specific purpose. 5. While care has been taken to verify the material contained within this training program, no representation, guaranty or warranty is made or implied that the usage conditions illustrated constitute an appropriate and safe working environment for your particular task or condition. You and/or your worksite supervisor are solely responsible for determining the fitness of the equipment for a particular purpose. 6. Some of the illustrations or animations shown within this training product may be dramatizations intended to show unsafe conditions and /or behaviors. These practices or actions are for instructional purposes only and do not constitute a normal, safe or recommended work environment. Adobe® AIR™ Copyright ©2007 – 2008 Adobe Systems Incorporated. All Rights Reserved. Adobe and Adobe AIR are either trademarks or registered trademarks in the United States and/or other countries. LIMITATION OF LIABILITY. IT IS UNDERSTOOD AND AGREED THAT THE PAYMENT PROVIDED FOR THE LICENSED PRODUCT IS BASED SOLELY ON THE VALUE OF THE LICENSED PRODUCT AS SET FORTH HEREIN AND IS UNRELATED TO THE VALUE OF THE USER'S PROPERTY, PROPERTY OF OTHERS, OR THE PROJECTED AMOUNT OF ANY PERSONAL INJURY OR DAMAGE THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM ANY BREACH OF THE PUBLISHER'S OBLIGATIONS HEREUNDER OR ANY NEGLIGENCE OF THE PUBLISHER; THAT THE PUBLISHER MAKES NO EXPRESS OR IMPLIED GUARANTEE OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE LICENSED PRODCUT WILL AVERT OR PREVENT ANY PARTICULAR OCCURRENCE OR ANY CONSEQUENCE THEREOF. USER ACKNOWLEDGES THAT IT IS EXTREMELY DIFFICULT TO DETERMINE AND REMEDY DAMAGE, IF ANY, WHICH MAY RESULT FROM ANY BREACH OF THE PUBLISHER'S OBLIGATIONS, EXPRESS OR IMPLIED HEREUNDER, OR ANY NEGLIGENCE OF THE PUBLISHER. WARRANTY. PUBLISHER GUARANTEES THAT THE LICENSED PRODUCT WILL PERFORM SUBSTANTIALLY AS DESCRIBED WITHIN THE LITERATURE PROVIDED BY THE PUBLISHER. USER UNDERSTANDS AND HEREBY AGREES THAT IF THE PUBLISHER IS FOUND LIABLE FOR INJURY, LOSS OR DAMAGE DUE TO A BREACH OF ITS OBLIGATIONS HEREUNDER OR ITS NEGLIGENCE, OR FOR ANY OTHER REASON, THE PUBLISHERS LIABILITY SHALL BE STRICTLY LIMITED TO A SUM EQUAL TO US$100.00, AND THAT THIS LIABILITY SHALL BE EXCLUSIVE; THAT THE PUBLISHER SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES EXCEPT TO THE EXTENT OF THE LIMITATION OF LIABILITY HEREIN PROVIDED; AND THAT THE PROVISIONS OF THIS SECTION SHALL APPLY IF INJURY, LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSONS OR PROPERTY, FROM PERFORMANCE OR NON-PERFORMANCE OF THE OBLIGATIONS IMPOSED BY THIS AGREEMENT, OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF THE PUBLISHER, ITS AGENTS, SERVANTS, ASSIGNS OR EMPLOYEES. INDEMNITY USER HEREBY AGREES THAT IT SHALL PROTECT, DEFEND, AND INDEMNIFY THE PUBLISHER AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITY, DAMAGES, LOSSES AND EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH, EITHER DIRECTLY OR INDIRECTLY, ARE IN ANY WAY CONNECTED WITH, ARISE OUT OF, RELATE TO, OR RESULT FROM USER'S OR ITS ASSIGNS' USE OF THE LICENSED PRODUCT, INCLUDING, BUT NOT LIMITED TO, ACTUAL OR ALLEGED BODILY INJURY INCLUDING DEATH OR LOSS OR DAMAGE TO ANY PROPERTY ARISING OUT OF OR RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USE OF THE LICENSED PRODUCT. USER’S LIABILITY UNDER THIS INDEMNIFICATION SHALL INCLUDE LIABILITY FOR, AND SHALL NOT BE LIMITED OR AFFECTED BY, ANY ACTIVE, PASSIVE, AFFIRMATIVE, SOLE, OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, STRICT STATUTORY LIABILITY, BREACH OF ANY STATUTORY DUTY OR ANY OBLIGATION UNDER THIS AGREEMENT (WHETHER DELEGABLE OR OTHERWISE), OR OTHER FAULT, ON THE PART OF ANY INDEMNIFIED PARTY, EVEN IF THE INDEMNIFIED PARTY'S COMPARATIVE RESPONSIBILITY EXCEEDS THAT OF USER AND/OR ANY OTHER PERSON OR ENTITY. THE USER AGREES THAT THE CAPITALIZED PROVISIONS IN BOLD MEET THE EXPRESS NEGLIGENCE AND CONSPICUOUSNESS REQUIREMENTS UNDER THE LAW OF ANY STATE OR GOVERNMENT.