Legal Notice / EULA

Legal Notice

End-User License Agreement:

FLYSIMWARE SIMULATION SOFTWARE LLC.
SOFTWARE FOR 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

  1. 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.

  2. 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.

  1. Description of Rights and Limitations

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

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

  1. 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.

  2. 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.

  3. 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.

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

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

  2. 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.

  1. 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.

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

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. Additional provisions and/ or disclosures.

  1. 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.

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

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

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

Disclaimer:

Flysimware™ Software is not affiliated with any related materials, products, or software. Flysimware™ software is made strictly for Microsoft Flight Simulator 2004 and Microsoft Flight Simulator X FSX:SE and Prepar3D. Flysimware™ does not reassemble and/or another product or vehicle. Flysimware™ Software produced this software for MTS, FSX, P3D and FSX:SE purposes only.