End User License Agreement

READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THIS "EULA") CAREFULLY BEFORE ACCESSING LABORATORY (AS DEFINED BELOW).

This EULA is a binding contract and represents the entire agreement between you (the "User" or "you") and Slingshot Aerospace, Inc. ("Slingshot," "we," "us," or "our") regarding your access to Laboratory as defined hereunder. "Laboratory" refers to the free online version of Slingshot’s proprietary online space simulation and training environment and all related websites.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING “I ACCEPT” OR BY OTHERWISE ACCESSING OR USING LABORATORY, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD AND, AS A CONDITION OF USING LABORATORY, YOU AGREE TO BE BOUND BY THIS EULA AND ACCEPT ALL TERMS OF THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE EULA, THEN YOU DO NOT HAVE PERMISSION TO USE LABORATORY. YOUR USE OF LABORATORY, AND SLINGSHOT’S PROVISION OF LABORATORY TO YOU CONSTITUTES AN AGREEMENT BY SLINGSHOT AND YOU TO BE BOUND BY THESE TERMS.

1. User Obligations

To use Laboratory, you must:
(i) be at least 13 years old;
(ii) not have been previously suspended or removed from accessing Laboratory by Slingshot for breach of this EULA;
(iii) either (a) have been granted access and login credentials by your employer or university (the "Organization") who has a separate, valid, and current license agreement with Slingshot or (b) have registered and been approved by Slingshot for an individual account with Slingshot for use of Laboratory.

1.1 Responsibility

User is responsible for the use of Laboratory by any individual to whom it grants access and login credentials and for such individuals’ compliance with this EULA.

1.2 Fees

User’s fees are set forth in the applicable order, based on the number of individuals and version of Laboratory purchased. Payment obligations are non-cancelable and final, and all fees paid are not refundable unless otherwise expressly provided herein.

2. Grant of Rights and Restrictions

2.1 Access Rights to Laboratory

Subject to the terms of this EULA, Slingshot grants you a non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access Laboratory solely for your own internal business, non-commercial, research, and educational purposes.

2.2 Rights to User Data

You grant Slingshot a non-exclusive, non-sublicensable, non-transferable, worldwide license to access and use any data, information, or materials you upload to Laboratory (“User Data”) to provide Laboratory and its related features and functions to you.

2.3 Restrictions

You shall not, and shall not permit any third party to:

1. Disclose proprietary elements of Laboratory.
2. Use Laboratory for any illegal purpose or in violation of any local, state, national, or international law.
3. Modify, improve, or create any derivative work of any part or all of Laboratory.
4. Attempt to discover or gain access to the source code of any portion of Laboratory.

3. Intellectual Property Rights

3.1 Of Slingshot

Slingshot is the sole owner of all rights, title, and interest in and to: (i) Laboratory (including its features), (ii) any data processed using Laboratory (except for User Data), and (iii) any improvements or modifications thereto.

3.2 Of User

User authorizes Slingshot and its authorized third-party service providers a worldwide license to host, copy, access, process, transmit, and display User data as necessary to maintain, provide, and improve Laboratory.

4. Third-Party Sites

Laboratory may contain links to third-party websites. Slingshot is not responsible for the content of such websites.

5. Indemnification

You shall defend, indemnify, and hold Slingshot and its affiliates harmless from any third-party claim, action, suit, or proceeding resulting from your use of Laboratory or your violation of this EULA.

6. Disclaimer of Warranties

LABORATORY IS PROVIDED "AS IS" AND SLINGSHOT DOES NOT WARRANT THAT LABORATORY WILL BE RELIABLE, UNINTERRUPTED, OR ERROR-FREE.

7. Limitation of Liability

IN NO EVENT SHALL SLINGSHOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF LABORATORY. THE MAXIMUM LIABILITY OF SLINGSHOT SHALL BE ONE HUNDRED DOLLARS ($100.00).

8. Miscellaneous

8.1 Governing Law

This EULA shall be governed by the laws of the State of Texas, United States, without regard to its conflict of laws principles.

8.2 Entire Agreement

This EULA sets forth the entire understanding and agreement of the parties regarding the subject matter of this EULA and supercedes any prior agreements or understandings.