PLANT SIMULATOR REGISTRATION

We invite operators, plant managers, and training professionals to register with our site. Once registered, you will be provided with a User Name and Password to access the demo of Plant Simulator. In addition, attached to the email you will find detailed instructions on how to play and win the game.

All your information will be sent to an administrator with Serious Games via a secure connection. Once reviewed, you will promptly receive the return email and game instructions. Play the demo as much as you like, and afterwards contact us today to discuss implementing Plant Simulator at your company.

Use this form to register for a new user account.
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SOFTWARE EVALUATION AGREEMENT

The parties agree as follows:
1. GRANT AND TERM OF LICENSE.  
In exchange for and subject to the terms, conditions and limitations of this Agreement, Serious Games, LLC. ("Licensor") grants Registered User ("User") a personal, non-exclusive, non-transferable and royalty-free license (“License”) to view and operate Plant Simulator Demo Software (the "Software".) The License shall terminate at the earliest of: (a) the end of the evaluation period; (b) immediately and automatically upon any failure of Registered User to comply with the limitations set forth in this Agreement; (c) notice from Licensor of termination of the License; or (d) Users purchase of a license to the Software for commercial use (at which time rights and obligations regarding the Software will be set forth in a separate, royalty-bearing, definitive license agreement in form to be agreed).

2. RESTRICTIONS.  
The Software is provided solely for Users internal evaluation, and User agrees to not use the Software for any other purpose.  The Software may be installed only on computers or network servers under Users direct control and only accessible by User.  User agrees not to (and User will not permit any third party to): (a) use any reverse compilation, decompilation or disassembly techniques or similar methods to determine any design structure, concepts, construction methods or source code of the Software, or any portion thereof, for any purpose; (b) except for one copy of the Software for backup purposes, copy the Software, or any portion thereof; (c) distribute, provide, lease, use for timesharing, outsourcing, hosting or service bureau purposes, or otherwise use or allow others to use the Software to or for the benefit of third parties; or (d) modify, incorporate into or with other software or create a derivative work of any part of the Software.  User will not publicly disclose the results of the evaluation without Licensor’s prior written permission.  

3. OWNERSHIP.   
As between the parties, Licensor retains exclusive ownership of any and all rights, title and interest (including all intellectual property and other proprietary rights throughout the world) in and to the Software, and all copies, portions and modifications (by whomever made) thereof.  The License does not constitute a sale of the Software, or any portion or copy thereof.  Each party recognizes that Licensor grants no licenses, by implication, estoppel or otherwise, except for the License expressly set forth in Section 1 of this Agreement.  The Software is licensed to Company and not sold.

4. NO WARRANTIES.  
User expressly acknowledges and agrees that the Software is provided to User “AS IS” without any warranties whatsoever and that User’s installation, operation and use of the Software is AT USER’S OWN RISK.  LICENSOR MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  FURTHER, LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE SOFTWARE WILL BE FREE FROM BUGS, THAT ITS USE WILL BE UNINTERRUPTED, OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.  TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EVALUATION PERIOD.

5. LIMITATION ON LIABILITY.  
LICENSOR SHALL NOT BE RESPONSIBLE OR LIABLE TO USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY: (A) FOR INTERRUPTIONS OF USE OR FOR LOSS OR INACCURACY OR CORRUPTIONS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (B) FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS ARISING OUT OF OR RELATING TO THE INSTALLATION, OPERATION OR USE OR INABILITY TO USE THE SOFTWARE OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE ON THE SOFTWARE; OR (C) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.

6. GENERAL PROVISIONS.  
In the event any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.  This Agreement shall be governed by the laws of the State of Texas without regard to the conflicts of law provisions thereof, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts having within their jurisdiction Harris County, Texas and agree to waive all objections to personal jurisdiction, venue and forum non conveniens.  This Agreement supersedes all prior discussions and writings and constitutes the entire agreement between User and Licensor with respect to the subject matter hereof.  Neither User now Licensor shall assign this Agreement or its rights hereunder without the other party’s prior written consent, which consent shall not be unreasonably withheld or delayed.  This Agreement shall bind the respective officers, agents, employees and representatives of the User and Licensor and shall inure to the benefit of the parties, their successors and permitted assigns.  No waiver, modification or amendment of this Agreement will be binding upon User and Licensor unless made in writing and signed by a duly authorized representative of such party, and no failure or delay in enforcing any right will be deemed a waiver thereof.  Notices hereunder will be effective only if in writing and upon receipt if delivered personally or by overnight mail carrier or facsimile transmission confirmed by mailing, or three (3) days after deposit in the United States mail, first class postage prepaid, addressed with the applicable address set forth in the signature block below.  The prevailing party in any action to enforce this Agreement shall be entitled to costs and fees (including attorneys’ fees and expert witness fees) incurred in connection with such action.  The User executing this Agreement on behalf of a corporation or other legal entity personally represents that he or she is duly authorized to execute this Agreement on behalf of such entity and that this Agreement is binding upon such entity.  The parties agree that a material breach of this Agreement adversely affecting Licensor’s proprietary rights in the Software would cause irreparable injury to Licensor for which monetary damages would not be an adequate remedy and that Licensor shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law.  Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.

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