Medical City Software Licence

End User Licence Agreement for BMEssentia Medical City (Windows and Mac)

This Medical City Software Licence ("Licence") is a legal agreement between you and BMEssentia LLC-FZ, Dubai, United Arab Emirates ("BMEssentia," "we," "us," "our") for BMEssentia Medical City, the desktop application for Windows and Mac, including its installers, updates, 3D content, the Device Lab, simulations, challenges, story missions and documentation (together, "the Software").

This Licence forms part of the BMEssentia Terms and Conditions. Where this Licence and the Terms and Conditions deal with the same matter for the Software, this Licence applies; for everything else the Terms and Conditions apply. The Privacy Policy explains how we handle personal data, and the Refund Policy explains refunds.

By installing, activating or using the Software you agree to this Licence. If you do not agree, do not install or use the Software. If your access is provided by a university, hospital, company or other institution, the institution's agreement with BMEssentia also applies.

SECTION 1: DEFINITIONS

In this Licence:

• "Account" means your BMEssentia account, the same account used on www.bmessentia.com, the Platform and the App.
• "Subscription Licence" means a licence that comes with BMEssentia Premium or a Medical City only subscription, including its free trial.
• "Perpetual Licence" means the one-time Medical City licence bought for $599 or in 3 payments of $209.
• "Institutional Seat" means access to the Software provided through an institution's licence with BMEssentia.
• "Update" means any new version, patch or content release of the Software.
• "Update Window" means the 12 months after the date of purchase of a Perpetual Licence, extended for every period in which an Update Pass is active.
• "Offline Period" means the period of up to 7 days after the last successful online licence check during which the Software runs without an internet connection.

SECTION 2: LICENCE GRANT

2.1 What You May Do

Subject to this Licence and to paying any fees that apply, BMEssentia grants you a personal, limited, non-exclusive, non-transferable licence to download, install and use the Software on computers you own or control, for your own education or, for an Institutional Seat, for your institution's internal training.

2.2 One Person

Each licence is for one person. You may install the Software on more than one of your own computers, but only you may use it, and only on one computer at a time. To prevent licence sharing, BMEssentia may limit the number of computers on which a licence can be active at the same time; any limit is shown in your Account.

2.3 Licensed, Not Sold

The Software is licensed, not sold. BMEssentia and its licensors keep all rights, title and interest in the Software, including all 3D models, textures, audio, scenarios, missions, text and code. You receive only the rights expressly set out in this Licence.

SECTION 3: LICENCE TYPES

3.1 Subscription Licence

A Subscription Licence lets you use the latest available version of the Software while your BMEssentia Premium or Medical City only subscription, or its 7-day free trial, is active. It ends when the subscription or trial ends. Your progress is kept on your Account and resumes if you subscribe again with the same Account.

3.2 Perpetual Licence

A Perpetual Licence lets you use, without time limit, the version of the Software current at the date of purchase and every Update released during your Update Window. After the Update Window you may buy the optional Update Pass ($99 per year, renewing yearly until cancelled) to receive further Updates while it is active. Without an active Update Pass you keep the right to use the latest version released during your Update Window. A Perpetual Licence covers Medical City only; it does not include the web Platform and has no free trial.

3.3 Instalments

If you pay for a Perpetual Licence in 3 monthly payments of $209, the licence is activated on the first payment. If an instalment remains unpaid after retries, BMEssentia may suspend the licence until the outstanding amount is paid. If a payment for the licence is refunded in full, or reversed by a chargeback, the licence is withdrawn.

3.4 Institutional Seat

An Institutional Seat lets you use the latest available version of the Software while the institution assigns the seat to you and its licence with BMEssentia is active. The institution can see your Medical City progress on its dashboard, as described in the Privacy Policy. When the seat ends, access ends; you may keep your Account and continue on your own plan.

SECTION 4: ACCOUNT, ACTIVATION AND OFFLINE USE

4.1 Signing In

You sign in to the Software with your Account. Keep your login details private. You are responsible for activity under your Account.

4.2 Licence Checks

The Software checks your licence with BMEssentia's servers when you sign in and from time to time while you are online. After a successful check, the Software stores a digitally signed licence token on your computer that lets it run offline for the Offline Period. When the Offline Period ends, connect to the internet to continue. Progress made offline is synchronised the next time you connect.

4.3 Online Features

Progress synchronisation, points and rank, certificates and their public verification, institutional dashboards and bug reporting are online features. BMEssentia provides them while it operates the BMEssentia service. If BMEssentia ever stops operating the licence servers, it will make reasonable efforts to release an Update that lets Perpetual Licence holders keep using the version they are entitled to without an online licence check.

SECTION 5: UPDATES AND SYSTEM REQUIREMENTS

5.1 Updates

Updates may be installed automatically or offered to you for installation. Updates may add, change or remove features or content, for example to keep content accurate. Subscription Licences and Institutional Seats always include Updates; Perpetual Licences include Updates during the Update Window.

5.2 System Requirements

The Software runs on the versions of Windows and macOS, and on the hardware, listed on www.bmessentia.com. You are responsible for a compatible computer and internet connection. BMEssentia does not guarantee that a version of the Software will keep working on future operating system versions that did not exist when it was released.

SECTION 6: WHAT YOU MAY NOT DO

Except where the law expressly allows it and cannot be limited by contract, you may not:

• Copy the Software, except for installing it and normal backups of your own computer
• Share, sell, rent, lend, sub-license or transfer the Software, your licence, your licence token or your Account
• Decompile, disassemble or reverse engineer the Software, except to the extent the law gives you that right (for example to achieve interoperability) and then only after asking BMEssentia for the information first
• Circumvent, disable or tamper with licence checks, licence tokens, telemetry, anti-cheat measures or other technical protections
• Modify the Software, use cheats, bots, macros or other automation, or alter scores, progress or certificates
• Extract, copy or redistribute 3D models, textures, audio, scenarios, text or any other asset of the Software
• Use the Software to build, train or populate a competing product or artificial intelligence system
• Use the Software to train people outside your institution, or to provide paid training to third parties, without a separate written agreement with BMEssentia
• Remove or alter copyright, trademark or other notices

The Acceptable Use Policy also applies to your use of the Software.

SECTION 7: DATA, CERTIFICATES AND REPORTS

7.1 Data the Software Sends

To provide the Software, save your progress and issue certificates, the Software sends BMEssentia licence-check data and gameplay and learning data, including your position in the city sampled every 5 seconds, session and mode times, mission, simulation, challenge and Device Lab results and competency evidence. Section 14 of the Privacy Policy describes this data, its uses and how long it is kept.

7.2 Certificates

Certificates issued through the Software are educational records. Each has a code that anyone you share it with can check at platform.bmessentia.com/verify/ followed by the code; the check shows the holder's name, title, level, date and issuing institution, never your email. BMEssentia may revoke a certificate obtained through cheating, automation or a breach of this Licence.

7.3 Bug and Crash Reports

If you send a bug or crash report, it includes a technical log and system details as described in the Privacy Policy. Ideas and suggestions you send may be used by BMEssentia without obligation to you.

SECTION 8: EDUCATIONAL USE ONLY

The Software is an education product. Its hospital, devices, faults, patients and scenarios are simulations. It explains how medical devices work; it does not replace manufacturers' instructions for use, your organisation's procedures, local regulations or professional judgement. Do not use the Software, its scores or its certificates to make decisions about real equipment or the care of a real patient, or as evidence of competence to do so.

SECTION 9: WARRANTIES AND LIABILITY

9.1 Your Statutory Rights

If you are a consumer, you have legal rights in relation to digital content that is faulty, not as described or not fit for purpose, for example under the UK Consumer Rights Act 2015 or the laws of the EU member state where you live. Nothing in this Licence affects those rights. If the Software damages your device or other digital content because we did not use reasonable care and skill, we will repair the damage or compensate you where the law requires.

9.2 Otherwise As Is

To the extent the law allows, and apart from your statutory rights, the Software is provided "as is" and "as available," and BMEssentia does not warrant that it will be error-free, uninterrupted or compatible with every computer.

9.3 Liability

BMEssentia's liability in connection with the Software is limited as set out in Section 18 of the Terms and Conditions. Nothing in this Licence limits liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot be limited by law.

SECTION 10: TERM AND TERMINATION

This Licence starts when you first install or use the Software and continues until it ends under this Section.

• A Subscription Licence ends when your subscription or free trial ends.
• An Institutional Seat ends when the institution removes the seat or its licence with BMEssentia ends.
• A Perpetual Licence ends only if it is withdrawn under Section 3.3, or if BMEssentia terminates it because you materially breached this Licence or the Terms and Conditions.
• BMEssentia may suspend or terminate any licence for a material breach of this Licence or the Terms and Conditions, with notice explaining why where reasonably possible.

When a licence ends you must stop using the Software and, if no other licence covers it, uninstall it. Sections 2.3, 6, 8, 9 and 12 survive termination.

SECTION 11: REFUNDS AND WITHDRAWAL

Refunds are governed by the Refund Policy. If you are a consumer in the European Union or the United Kingdom, you have a 14-day right to withdraw from a purchase of the Software. You lose that right once the download or activation of the Software begins, if you asked for immediate access and acknowledged at checkout that the right would be lost. The exact checkout wording is in Section 1.4 of the Refund Policy.

SECTION 12: GENERAL

12.1 Third-Party Components

The Software includes a third-party game engine runtime and open-source components, each licensed under its own terms. The notices and licence texts for those components are included with the Software. Nothing in this Licence limits your rights under an open-source licence that applies to a component.

12.2 Export and Sanctions

You may not download or use the Software where that would breach export control or sanctions laws that apply to you or to BMEssentia.

12.3 Changes to This Licence

BMEssentia may update this Licence. Material changes will be notified by email or in the Software at least 30 days before they take effect. Changes do not reduce the rights you already paid for under a Perpetual Licence.

12.4 Governing Law and Disputes

This Licence is governed by the laws and dispute resolution provisions in Section 21 of the Terms and Conditions (laws of the United Arab Emirates and the Emirate of Dubai; DIAC arbitration seated in Dubai). Nothing in this Licence deprives a consumer of the protection of mandatory provisions of the law of the country where they live, or of any right under that law to bring proceedings in the courts of that country.

12.5 Contact

Questions about the Software or this Licence: team@bmessentia.net. Institutions: institutionalsupport@bmessentia.com. BMEssentia LLC-FZ, Dubai, United Arab Emirates. Website: www.bmessentia.com.