Trial License Agreement

As defined in FAR 2.101, section 252.227-7014 (a) (a) (a) and section 252.227-7014 (a) (5) of the FAR, all products and accompanying documents provided by Aviatrix Systems are “commercial objects,” “commercial computer software” and/or “commercial computer documents.” In accordance with sections DFAR 227.7202 and FAR 12.212, all conditions of use, modification, reproduction, disclosure, disclosure, advertising, disclosure or dissemination by the United States government are subject to these conditions and are prohibited, unless they are prohibited to the extent permitted by these conditions. You agree and confirm that neither the product, nor any other technical data received by AVIATRIX, nor the direct proceeds of AVIATRIX will be exported or re-exported outside the United States, unless this is authorized and authorized by U.S. laws and regulations and/or by the legal laws and regulations (other than the United States) in which you legally acquired the product. All authorized or necessary communications under this Agreement are made in writing and are requested by personal service or notification or by recommended letter, confirmation of return and are deemed to have been given in the event of personal delivery, five (5) calendar days after the notification has been filed or after confirmation of receipt of the electronic transmission. This agreement is governed by the laws of the state of California, regardless of the conflict rules of laws. The parties agree that the United Nations Convention on International Goods Contracts is expressly excluded from its application to this Convention. If a provision of this provision is declared to be in whole or in part unlawful, invalid or unenforceable, that provision is amended to the extent necessary to make it legal, valid and applicable, without prejudice to the other provisions of this Agreement. The non-application of a right or provision of this agreement by one of the parties does not constitute a waiver of that right or provision. There is no need to interpret everything in it in order to create an agency, partnership or other form of joint venture between the parties.

This agreement cannot be ceded, under-authorized or transferred by one of the parties without the prior written consent of the other party, except that Aviatrix may, without the consent of the other party, transfer the agreement to an entity that acquires all or most of that party`s transaction or assets, whether through merger, sale of assets or other means, provided that the entity is presumed and agrees in writing to be bound to all of that party`s obligations under this agreement.

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