End User License Agreement (EULA)

This End User License Agreement (the "Agreement" or "EULA") governs the use of the software made available by the Provider as part of the Service, including the "Loss Trainer" and any other simulation or calculation tool or module (collectively, the "Software"). By installing, accessing or using the Software, you acknowledge that you have read, understood and agree to be bound by this EULA.

Subject to payment of applicable fees and compliance with this EULA and the Service Terms of Use, the Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Software solely: - for your internal training, simulation, practice or study purposes; and - within the seat limits and conditions specified by the applicable subscription (individual or Organization).

You are not permitted to: a) copy the Software, except for reasonable backup copies where technically applicable; b) modify, translate, adapt or create derivative works based on the Software; c) disassemble, decompile, reverse-engineer or otherwise attempt to discover the source code or any underlying structure of the Software, except to the limited extent expressly permitted by applicable law and only to that extent; d) rent, lend, sell, sublicense, distribute or transfer the Software to any third party without the Provider’s prior written consent; e) use the Software to provide commercial training or consulting services to third parties without a specific written agreement with the Provider; f) use the Software to develop a competing product or service, or to evaluate the Software with the aim of developing a similar service; g) remove or alter any copyright, trademark or other proprietary notice appearing in the Software or its documentation.

The Software, including all copyrights, trademarks, trade secrets and other intellectual property rights therein, is and shall remain the exclusive property of the Provider and/or its licensors. No right, title or interest in or to the Software is transferred to you, except for the limited license granted under this EULA.

The Software is designed as training and simulation tools. It must not be used as the sole basis for real operational decisions. You acknowledge and agree that: - the calculations, simulations and results provided by the Software are approximations intended for training purposes; - the Software does not necessarily account for all variables that may arise in real-world interventions; - real decisions regarding pumping, pressure, hose line configuration or field operations must be made in accordance with formal training, your Organization’s SOPs and the directions of competent authorities.

The Software is provided "as is" and "as available", without any warranties of any kind, whether express or implied, including, without limitation: - warranties regarding the accuracy of calculations or simulations; - fitness for a particular purpose; - performance, availability or error-free operation. The Provider does not warrant that the Software will meet all of your requirements or that it will operate without interruption or error.

To the fullest extent permitted by applicable law, the Provider shall not be liable for any damages arising out of the use of or inability to use the Software, including, without limitation: - direct, indirect, incidental, special or consequential damages; - loss of profits, data or goodwill; - injuries, property damage or any other harm associated with real-life interventions or exercises. If, despite this limitation, the Provider’s liability is established, it shall be limited in the same manner as set out in the limitation of liability clause of the Service Terms of Use.

This EULA takes effect upon your first installation, access or use of the Software and remains in force for as long as: - your subscription to the Service remains active; and - you comply with this EULA and the Service Terms of Use. The Provider may immediately terminate this EULA and your license to use the Software if you breach its provisions or if your subscription ends or is terminated for any reason. Upon termination, you must cease all use of the Software and, where applicable, delete any local copies in your possession.

The Provider may, at its sole discretion, provide updates, patches or new versions of the Software. Unless stated otherwise, such updates are deemed to form part of the "Software" and are subject to this EULA. However, the Provider has no obligation to provide updates, to maintain or to continue developing any specific module.

This EULA is governed by the laws of the Province of Québec and the federal laws of Canada applicable therein. Any dispute relating to this EULA shall be submitted to the courts of the Province of Québec, as described in the Service Terms of Use. This EULA is drafted in French, and an English version may be provided for convenience only. In the event of any inconsistency between the versions, the French version shall prevail.