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License Agreement

The document is an end user license agreement for simulation software. It outlines the terms of use for the software, including granting a non-exclusive license for personal use, limitations on reverse engineering and number of installations, intellectual property ownership, support terms, duration of the agreement, jurisdiction, warranty disclaimer and liability limitations.

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0% found this document useful (0 votes)
33 views3 pages

License Agreement

The document is an end user license agreement for simulation software. It outlines the terms of use for the software, including granting a non-exclusive license for personal use, limitations on reverse engineering and number of installations, intellectual property ownership, support terms, duration of the agreement, jurisdiction, warranty disclaimer and liability limitations.

Uploaded by

neveslucasbrd
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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END USER LICENSE AGREEMENT

FLYSIMWARE SIMULATION SOFTWARE LLC.


SOFTWARE FOR MSFS2020, FSX, FSXSE AND PREPAR3D
END USER AGREEMENT

This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and
Flysimware Simulation Software (“Licensor”), the author of the SOFTWARE , including all HTML
files, XML files, Model files, graphics files, animation files, DLL files, technology, development tools,
scripts and programs, both in object code and source code (the “Software”), the deliverables provided
pursuant to this EULA, which may include associated media, printed materials, and “online” or
electronic documentation.

By installing or using the Software, Licensee agrees to be bound by the terms and conditions set forth
in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then
Licensee may not download, install, or use the Software.

1. Grant of License

A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a
royalty-free, non-exclusive license to possess and to use a copy of the Software.

B) Installation and Use. Licensee may install two copies of the software on different PC's
solely for Licensee's personal use only. The software can't be used simultaneously or we have the
rights to cancel the order or remove the orders download function.

2. Description of Rights and Limitations

A) Limitations. Licensee and third parties may not reverse engineer, decompile, or
disassemble the Software.

B) Update and maintenance. Licensor shall provide updates and maintenance on the
Software on an as needed basis.

3. Title to Software. Licensor represents and warrants that it has the legal right to enter into and
perform its obligations under this EULA, and that use by the Licensee of the Software, in
accordance with the terms of this EULA, will not infringe upon the intellectual property rights
of any third party.

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END USER LICENSE AGREEMENT

4. Intellectual Property. All now known or hereafter known tangible and intangible rights, title,
interest, copyrights and moral rights in and to the software, including but not limited to all
images, photographs, animations ,video, audio, music, text, data, computer code, algorithms and
information are owned by licensor the software is protected by applicable copyright laws in
international treaties.

5. Support. Licensor will provide email support when the licensee contacts Flysimware by email.
Licensor will typically reply within 24 to 48 hours for as long as we are in business.

6. Duration. This EULA is effective for 99 years or until:

A) Automatically terminated or suspended if licensee fails to comply with any of the terms and
conditions set forth in this EULA; or

B) Terminated or suspended by licensor, with or without cause.

In the event this EULA is terminated, the licensee must cease use of the software and
destroy all copies of the software.

7. Jurisdiction. This EULA shall be deemed to have been made in,and shall be construed pursuant
to the laws of the state of Delaware, without regard to conflicts of the law Provisions thereof.
Any legal action or proceeding relating to this EULA shall be brought exclusively in courts
located in Wilmington, DE, and each party consents to the jurisdiction thereof. The prevailing
party in any action to enforce this EULA shall be entitled to recover costs and expenses
including, without limitation, attorney's fees. This EULA is made within the exclusive
jurisdiction of the United States, and it's jurisdiction shall supersede any other jurisdiction of
either party's election.

8. Non-transferable. This EULA is not assignable or transferable by licensee, and any attempt to
do so would be void.

9. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any
privilege, any power of Rights here under will operate as a waiver thereof, nor will any single
or partial exercise of any rights or power hereunder preclude further exercise of any other right
hereunder. If any provision of this EULA shall be adjudged by any Court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this EULA shall otherwise remain in full force and effect and
enforceable.

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END USER LICENSE AGREEMENT

10. Warranty disclaimer. Licensor, and author of the software, hereby expressly disclaim any
warranty for the software. The software and any related documentation is provided "as is"
without warranty of any kind, either expressed or implied, including, without limitation, the
implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Licensee accepts any and all risks arising out of use or performance of the software.

11. Limitation of liability. Licensor shall not be liable to licensee, or any other person or entity
claiming through licensee of any PC/Computer damage, loss of profits, income, savings, or any
other consequential, incidental, special, punitive, direct or indirect damage, whether arising in
contract, tort, warranty, or otherwise. These limitations apply regardless of the essential purpose
of any limited remedy. Under no circumstances shall licensor's aggregate liability to licensee, or
any other person or entity claiming through licensee, exceed the financial amount actually paid
by licensee to licensor for the software.

12. Entire agreement. This EULA constitutes the entire agreement between the licensor and the
licensee and supersedes all prior understandings of the licensor and licensee, including any prior
representation, statement, condition, or warranty with respect to the subject matter of this
EULA.

13. Additional provisions and/ or disclosures.

A) What information licensor will be collecting? Name, address and email. Credit card
information is only collected from Flysimware's credit card charge Company. You can cancel
the agreement from the credit card charge Company to remove your credit card information.
And so by canceling you will have to re-enter your information the next time you make a
purchase.

B) How the information will be stored? Name, address, email is stored in Flysimware's private
database. Site uses SSL security.

C) How Flysimware will be using information collected? For the purpose of product sales.

D) Whether or not you share that information with anyone else? Flysimware does "NOT"
share your information with 2nd or 3rd party.

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