End-User License Agreement

1. Training Environment

For purposes of this Agreement, “Training Environment” means any training product, environment, content, or service made available by XtremeLabs or its licensors, publishers, or other providers, including:

Virtual Labs: Live or hosted computing environments that may provide access to virtual machines, cloud platforms, software, networks, APIs, artificial intelligence services, and other computing resources.

Simulated Labs: Simulated or emulated software, cloud, application, or technology environments designed to reproduce or approximate the experience of working with actual systems without necessarily providing access to the underlying live services.

Interactive Exercises: Guided, scenario-based, instructional, assessment, or other interactive learning activities designed to teach, demonstrate, practice, or evaluate specific skills.

The term Training Environment also includes associated software, interfaces, scenarios, configurations, instructional content, lab guides, exercises, assessments, graphics, simulations, and other materials.

The Training Environment and its components may include copyrighted and proprietary works of XtremeLabs and/or third parties. XtremeLabs-owned materials remain the property of XtremeLabs, and third-party materials remain the property of their respective owners or licensors. The Training Environment is licensed, not sold.

Except for the limited rights expressly granted under this Agreement, no ownership or other rights in the Training Environment are transferred to you.

2. Who This Agreement Applies To

This Agreement applies to every individual who accesses or uses a Training Environment (“User”), regardless of how access was obtained.

Access may have been:

• purchased directly from XtremeLabs;
• purchased through a marketplace, reseller, publisher, training provider, or other authorized third party;
• purchased, assigned, or provided by an employer or other organization;
• provided through a school, college, university, or other educational institution;
• provided through an instructor, training partner, or training program; or
• otherwise authorized by XtremeLabs or an authorized provider.

By accessing or using a Training Environment, you agree to this Agreement regardless of whether you personally purchased access or another person or organization purchased, assigned, sponsored, or otherwise provided access on your behalf.

3. Authorized Training Use

Your access to the Training Environment is provided solely for Authorized Training Use.

“Authorized Training Use” means accessing and using the applicable Training Environment solely for the education, training, skills practice, assessment, or instructional activities for which access was purchased, assigned, or otherwise provided.

Authorized Training Use includes following the applicable lab instructions, guided steps, exercises, scenarios, challenges, assessments, and other instructional activities provided with the Training Environment.

The Training Environment is not a general-purpose computing, cloud, internet, development, hosting, storage, artificial intelligence, API, research, experimentation, or production environment.

The fact that a feature, service, resource, interface, command, API, website, cloud service, AI service, or other capability is technically accessible within or through a Training Environment does not mean that you are authorized to use it.

If an activity is not part of, reasonably necessary for, or expressly authorized by the applicable training instructions, it is not Authorized Training Use.

4. Account and Credential Responsibility

You may be provided with a unique user ID, password, access code, token, or other credentials to access the Training Environment.

Your credentials are for your use only.

You may not share, disclose, transfer, sell, sublicense, or otherwise permit another person to use your account, credentials, access code, or Training Environment.

You are responsible for activity conducted through your account or credentials, subject to applicable law.

If you know or reasonably suspect that the security of your account or credentials has been compromised, you must promptly notify XtremeLabs or the applicable Training Environment provider.

5. Individual and Organizational Access

If you purchase access as an individual, this Agreement applies directly to you.

If access is purchased, assigned, sponsored, or otherwise provided to you by an employer, educational institution, training organization, government entity, reseller, publisher, or other organization, you remain individually responsible for complying with this Agreement when accessing or using the Training Environment.

A separate commercial, licensing, or other agreement between XtremeLabs and the organization providing your access does not eliminate your obligations as a User under this Agreement.

If a separate written agreement executed by XtremeLabs contains terms that conflict with this Agreement, the executed written agreement will control to the extent of the conflict.

6. Permitted Access

You may access the Training Environment only through an authorized XtremeLabs platform or another platform expressly authorized by XtremeLabs.

You may only access Training Environments associated with courses, labs, exercises, subscriptions, licenses, or other training products for which you have been granted access.

Your access is limited to the applicable license or subscription period and to Authorized Training Use.

7. Prohibited Uses

You may not use a Training Environment for any purpose outside Authorized Training Use.

Without limiting the foregoing, you may not use a Training Environment:

• for unrelated personal, commercial, production, development, research, hosting, or general computing purposes;
• to run workloads, applications, scripts, services, automated processes, agents, bots, crawlers, or background processes except as required by the applicable training activity;
• to create, host, process, transmit, download, upload, or store content except as required by the applicable training activity;
• to use cloud services, virtual machines, storage, databases, networking, APIs, AI services, machine learning services, generative AI services, or other metered resources except as required by the applicable training activity;
• to generate AI content, consume AI tokens, make API calls, run models, perform inference, train or fine-tune models, or otherwise consume artificial intelligence resources except as required by the applicable training activity;
• to use computing resources for cryptocurrency mining or similar resource-intensive activities;
• to use internet connectivity except as required by the applicable training activity;
• to install software, packages, applications, extensions, services, libraries, or other components except as required by the applicable training activity;
• to access, probe, scan, test, attack, interfere with, or attempt to gain unauthorized access to any system, network, account, service, resource, or data;
• to circumvent or attempt to circumvent quotas, technical restrictions, usage limits, monitoring systems, security mechanisms, or other controls;
• to reverse engineer, decompile, disassemble, scrape, extract, copy, or otherwise attempt to derive or reproduce the source code, configuration, architecture, content, or operation of the Training Environment, except to the extent such restriction is prohibited by applicable law;
• to reproduce, distribute, broadcast, sell, sublicense, transmit, forward, publish, publicly display, commercially exploit, or create derivative works from any portion of the Training Environment without authorization;
• to use another person's credentials or permit another person to use your credentials;
• to use the Training Environment to conduct unlawful, fraudulent, malicious, abusive, or harmful activity; or
• to use the Training Environment in any manner that causes or may reasonably be expected to cause XtremeLabs or its providers to incur costs beyond those reasonably associated with Authorized Training Use.

8. Cloud, AI, API, and Other Metered Resources

Certain Training Environments, particularly Virtual Labs, may provide access to live, metered, consumption-based, or third-party resources.

These may include:

• virtual machines and computing resources;
• cloud platforms and cloud services;
• storage and databases;
• network resources and bandwidth;
• APIs;
• software-as-a-service products;
• artificial intelligence and machine learning services;
• generative AI models;
• AI tokens and inference services; and
• other metered or consumption-based services.

The availability or technical accessibility of a resource does not constitute authorization to use it.

You are authorized to consume these resources only to the extent reasonably necessary to complete the applicable Authorized Training Use.

Any other consumption is unauthorized.

9. Financial Responsibility for Unauthorized Use

You are responsible for your use of the Training Environment and for activity conducted through your account or credentials, subject to applicable law.

If unauthorized use, misuse, abuse, excessive consumption, circumvention of controls, or other activity in violation of this Agreement causes XtremeLabs, its licensors, publishers, cloud providers, AI providers, or other service providers to incur additional charges, costs, fees, or expenses, you may be held financially responsible for the resulting incremental costs to the fullest extent permitted by applicable law.

Such costs may include, without limitation:

• cloud computing charges;
• virtual machine charges;
• storage charges;
• networking and bandwidth charges;
• database charges;
• API charges;
• artificial intelligence service charges;
• generative AI charges;
• AI token and inference charges;
• third-party service charges;
• software licensing charges; and
• other metered or consumption-based charges.

XtremeLabs reserves the right, to the extent permitted by applicable law, to seek reimbursement from you for such charges, costs, fees, and expenses.

Your financial responsibility under this section is in addition to XtremeLabs' right to suspend or terminate access and pursue any other remedies available under this Agreement or applicable law.

10. Internet Access

Certain Training Environments may have internet access enabled.

Internet access is provided solely when necessary for Authorized Training Use. You may access internet resources only when specifically directed by, or reasonably necessary to complete, the applicable training activity.

The fact that unrestricted internet access may be technically possible does not constitute permission for unrestricted internet use.

Any other internet access or use from within the Training Environment is prohibited.

11. Software Installation

You may install software, applications, packages, libraries, extensions, or other components only when required by the applicable training instructions.

Any other software installation or use is prohibited.

12. Online and Third-Party Services

A Training Environment may include access to online services, cloud services, APIs, artificial intelligence services, generative AI systems, or other third-party services (“Online Services”).

You agree:

• to use Online Services solely for Authorized Training Use;
• to comply with applicable terms, licenses, acceptable-use policies, and conditions governing those Online Services;
• not to use Online Services for unrelated personal, commercial, production, development, research, or experimentation purposes;
• not to intentionally, recklessly, or negligently generate unauthorized or excessive consumption or charges; and
• that information submitted to an Online Service may be processed by the applicable Online Services provider in accordance with its applicable terms and privacy policies.

13. Intellectual Property

All rights, title, and interest in and to XtremeLabs-owned portions of the Training Environment, including applicable software, content, simulations, interfaces, designs, instructional materials, configurations, exercises, graphics, and documentation, remain with XtremeLabs.

Third-party software, content, trademarks, services, documentation, and other materials remain the property of their respective owners or licensors.

Except for the limited right to access and use the Training Environment for Authorized Training Use, no rights or licenses are granted to you except as expressly provided by the applicable rights holder.

You may not copy, reproduce, modify, distribute, publish, transmit, display, sell, license, sublicense, create derivative works from, or otherwise exploit the Training Environment or any portion thereof except with authorization from the applicable rights holder or as expressly permitted by applicable law.

14. Monitoring and Enforcement

To protect the Training Environment, maintain security, manage resource consumption, control costs, investigate misuse, and enforce this Agreement, XtremeLabs and its service providers may monitor usage and operational telemetry associated with the Training Environment, subject to applicable law and XtremeLabs' privacy obligations.

This may include information concerning resource consumption, service utilization, system activity, network activity, API usage, cloud consumption, AI service usage, and AI token consumption.

Usage patterns materially exceeding those reasonably expected for the applicable training activity may be investigated.

XtremeLabs may implement technical limits, quotas, automated controls, or other safeguards intended to prevent or limit unauthorized or excessive consumption.

The presence or absence of technical safeguards does not modify your obligations under this Agreement or constitute authorization for activity outside Authorized Training Use.

15. Suspension and Termination

XtremeLabs may immediately suspend, restrict, or terminate your access to a Training Environment, without prior notice, if XtremeLabs reasonably suspects:

• a violation of this Agreement;
• unauthorized use;
• unauthorized or excessive resource consumption;
• fraudulent, abusive, malicious, or unlawful activity;
• circumvention or attempted circumvention of technical controls;
• activity creating a security risk;
• activity that causes or may cause unexpected or excessive charges; or
• use inconsistent with the intended training purpose of the Training Environment.

XtremeLabs may suspend access while investigating suspected misuse.

Suspension or termination does not relieve you of responsibility for charges, damages, or other liabilities arising from unauthorized use occurring before suspension or termination.

16. Third-Party Code, Content, and Services

The Training Environment may include third-party software, code, services, content, trademarks, documentation, or other components.

Such third-party materials remain subject to the rights of their respective owners and, where applicable, their own license terms.

Your use of third-party services may also be subject to the applicable third party's terms, conditions, acceptable-use policies, and privacy policies.

17. No Warranty

THE TRAINING ENVIRONMENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

XtremeLabs does not guarantee uninterrupted availability, preservation of data, compatibility with any particular system, or continued availability of a Training Environment after the applicable access period.

Training Environments are provided for training purposes and must not be used to store production, confidential, critical, or irreplaceable data except where expressly required as part of an authorized training activity.

18. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless XtremeLabs, its affiliates, licensors, publishers, service providers, officers, directors, employees, contractors, and agents from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your unauthorized use or misuse of a Training Environment;
• your violation of this Agreement;
• your violation of applicable law or the rights of a third party;
• your circumvention or attempted circumvention of technical, security, or usage controls; or
• charges, costs, or liabilities incurred by XtremeLabs or its providers as a result of your unauthorized use of cloud, computing, AI, API, internet, storage, software, or other resources.

This section applies only to the extent permitted by applicable law.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XTREMELABS AND ITS AFFILIATES, LICENSORS, PUBLISHERS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, BUSINESS, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE TRAINING ENVIRONMENT OR THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XTREMELABS' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A TRAINING ENVIRONMENT OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID TO XTREMELABS FOR THE SPECIFIC TRAINING PRODUCT GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

20. Governing Law

This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement or your use of a Training Environment will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles.

21. Venue and Jurisdiction

To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to this Agreement or a Training Environment will be brought exclusively in the applicable state courts located in Fairfax County, Virginia, or the United States District Court for the Eastern District of Virginia, as applicable.

You consent to the personal jurisdiction and venue of those courts and waive any objection to such jurisdiction or venue to the extent permitted by applicable law.

22. Severability

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

23. No Waiver

XtremeLabs' failure or delay in exercising or enforcing any right or provision of this Agreement does not constitute a waiver of that right or provision.

24. Assignment

You may not assign or transfer this Agreement or your rights to access a Training Environment without the prior written consent of XtremeLabs.

XtremeLabs may assign or transfer this Agreement, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets, change of control, or otherwise as permitted by applicable law.

25. Changes to This Agreement

XtremeLabs may update this Agreement from time to time.

Each version of this Agreement will be identified by a version number and effective date.

Where required by applicable law, XtremeLabs will provide notice of material changes. Where XtremeLabs determines that a change materially affects a User's rights, obligations, or financial responsibility, XtremeLabs may require the User to affirmatively accept the updated Agreement before continuing to access a Training Environment.

26. Entire Agreement

This Agreement constitutes the agreement between you and XtremeLabs concerning your use of the Training Environment, except to the extent your access is subject to additional written terms between XtremeLabs and you or the organization through which your access was obtained.

If there is a conflict between this Agreement and a separate written agreement executed by XtremeLabs governing the applicable Training Environment, the executed written agreement will control to the extent of the conflict.

27. Survival

Provisions concerning intellectual property, prohibited use, unauthorized consumption, financial responsibility, indemnification, limitation of liability, enforcement, and any other provisions that by their nature should survive will survive expiration, suspension, or termination of your access.

28. XtremeLabs

The Training Environment is provided by:

XtremeLabs LLC, a Delaware company headquartered in McLean, Virginia, USA.

Email: info@xtremelabs.io

Questions regarding this Agreement or your use of a Training Environment may be directed to the email address above.

29. Acceptance

BY ACCESSING OR USING A TRAINING ENVIRONMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS AGREEMENT.

YOU FURTHER ACKNOWLEDGE THAT TRAINING ENVIRONMENTS ARE PROVIDED SOLELY FOR AUTHORIZED TRAINING USE. UNAUTHORIZED USE OF CLOUD, COMPUTING, INTERNET, API, AI, STORAGE, OR OTHER METERED RESOURCES IS PROHIBITED AND MAY RESULT IN IMMEDIATE SUSPENSION OR TERMINATION AND FINANCIAL RESPONSIBILITY FOR RESULTING COSTS TO THE EXTENT PERMITTED BY APPLICABLE LAW.