EULA - EUROSCOPE

EULA - EUROSCOPE

END USER LICENSE AGREEMENT FOR EUROSCOPE SOFTWARE

IMPORTANT-READ CAREFULLY:  This End-User License Agreement ("EULA") is a
legal agreement between you (either an individual person or a single
legal entity, hereinafter referred to in this EULA as "You") and
Csernбk Gergely (hereinafter referred to as the "Developer") for
Euroscope including any associated media, printed materials and
electronic documentation (the "Software Product").  The Software Product
also includes any software updates, add-on components, web services
and/or initial supplements that the Developer may provide to you or make
available to you after the date you obtain your initial copy of the
Software Product to the extent that such items are not accompanied by a
separate license agreement or terms of use.  By installing, copying,
downloading, accessing or otherwise using the Software Product, you
agree to be bound by the terms of this EULA.  If you do not agree to the
terms of this EULA, do not install, access or use the Software Product.
Instead, you should delete it immediately.

SOFTWARE PRODUCT LICENSE

The Software Product is protected by intellectual property laws and
treaties.  The Software Product is licensed, not sold.

1. GRANT OF LICENSE.

This Section of the EULA describes your general rights to install and
use the Software Product.  The license rights described in the Section
are subject to all other terms and conditions of this EULA.

General License Grant to Install and Use Software Product.  You may
install and use the Software Product on a computer, device, workstation,
terminal or other digital electronic or analog device ("Device").  This
license is granted exclusively to you for the Software Product described
within and may not be shared or transferred under any circumstances.

Reservation of Rights.  All rights not expressly granted are reserved by
Developer.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Copy Protection.  The Software Product may include copy protection
technology to prevent the unauthorized copying of the Software Product
or may require original media for use of the Software Product on the
Device.  It is illegal to make unauthorized copies of the Software
Product or to circumvent any copy protection technology included in the
Software Product.

Limitations on Reverse Engineering, Decompilation, and Disassembly.  You
may not reverse engineer, decompile or disassemble the Software Product,
except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.

Limitations on Modification of Software Product.  You may not modify the
Software Product in whole or part in any way without the express prior
written approval of the Developer.  This includes, but is not limited
to, the modification of any installation routines, packaging and/or
program display elements from the original state of the Software Product
as provided to you by the Developer.

Limitations on Redistribution of Software Product.  You may not
redistribute the Software Product in whole or part in any way without
the express prior written approval of the Developer.

Trademarks.  This EULA does not grant you any rights in connection with
any trademarks or service marks of the Developer.

No rental, leasing or commercial hosting.  You may not rent, lease, lend
or provide commercial hosting services to third parties with the
Software Product.

Agreement to Transfer of Data by Software Product.  By installing,
copying, downloading, accessing or otherwise using the Software Product,
you hereby grant permission to the transmission of certain data from
your local Device to a host network’s server hardware for use in
online flight simulation.  The data transmitted to a host network's
server hardware shall be limited to your account information including
account name and ID number as well as information related to the
hardware and software version being utilized to connect to said network.


Support Services.  The Developer may, in his sole discretion, provide
you with support services related to the Software Product ("Support
Services").  Use of Support Services is governed by the Developer’s
policies and programs described in the user manual, in "online"
documentation, or in other Developer-provided materials.  Any
supplemental software code provided to you as part of the Support
Services shall be considered part of the Software Product and shall be
subject to the terms and conditions of this EULA.  You acknowledge and
agree that the Developer may use technical information you provide as
part of the Support Services for his business purposes, including for
product support and development.  The Developer will not utilize such
technical information in a form that personally identifies you.

Software Transfer.  Except as specified in this section, you may make a
one-time permanent transfer of the EULA and Software Product directly
and only to an end user.  This transfer must include all of the Software
Product (including all component parts, the media and printed materials,
any upgrades, and this EULA).  Such transfer may not be by way of
consignment or any other indirect transfer.  The transferee of such
one-time transfer must agree to comply with the terms of this EULA,
including the obligation not to further transfer this EULA and Software
Product.  Subscription Products, if any are provided or otherwise made
available, are non-transferable.

Termination. Without prejudice to any other rights, the Developer may,
in his sole discretion, terminate this EULA if you fail to comply with
the terms and conditions herein.  In such event, you must immediately
destroy all copies of the Software Product and all of its component
parts.

3. UPGRADES.

If the Software Product is labeled as an upgrade, you must be properly
licensed to use a product identified by the Developer as being eligible
for the upgrade in order to use the Software Product.  A Software
Product labeled as an upgrade replaces or supplements (and may disable)
the product that formed the basis for your eligibility for the upgrade.
You may use the resulting upgraded product only in accordance with the
terms of this EULA.  If the Software Product is an upgrade of a
component of a package of software programs that you licensed as a
single product, the Software Product may be used only as part of that
single product package and may not be separated for use on more than one
Device.

The Software Product may offer automatic and/or user optional
downloadable upgrades.  If you agree to any such upgrades, then data
files will be downloaded which will replace the Software Product’s
originally installed data files.  Any such upgrades will be for data
files only and will not include any executable files.

4. INTELLECTUAL PROPERTY RIGHTS.

All title and intellectual property rights in and to the Software
Product (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets" incorporated into
the Software Product), the accompanying printed materials and any copies
of the Software Product are owned by the Developer or his suppliers.
All title and intellectual property rights in and to the content that is
not contained in the Software Product, but may be accessed through use
of the Software Product, is the property of the respective content
owners and may be protected by applicable copyright or other
intellectual property laws and treaties.  This EULA grants you no rights
to use such content.  If this Software Product contains documentation
that is provided only in electronic form, you may print one copy of such
electronic documentation.  You may not copy the printed materials
accompanying the Software Product for any other purpose including, but
not limited to, redistribution without the express prior written consent
of the Developer.

5. BACKUP COPY.

After installation of one copy of the Software Product pursuant to this
EULA, you may keep the original media on which the Software Product was
provided by the Developer solely for backup or archival purposes.  If
the original media is required to use the Software Product on the
Device, you may make one copy of the Software Product solely for backup
or archival purposes.  Except as expressly provided in this EULA, you
may not otherwise make copies of the Software Product or the printed
materials accompanying the Software Product.

6. APPLICABLE LAW.

If you exercise this license in Hungary, then this EULA is to be
construed in accordance with the laws of Hungary.  If you exercise the
license of this Software Product in any other country, then local law
applies.

Should you have any questions concerning this EULA, please send e-mail
to [email protected].

7. WARRANTY.

THIS SOFTWARE PRODUCT IS NOT COVERED BY ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY.  THERE IS NO WARRANTY OR CONDITION OF ANY
KIND.

Any supplements or updates to the SOFTWARE PRODUCT, including without
limitation, any (if any) service packs or hot fixes provided to you are
not covered by any warranty or condition, express, implied or statutory.

8. DISCLAIMER OF WARRANTIES.

THIS SOFTWARE PRODUCT IS NOT COVERED BY ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. THIS SOFTWARE PRODUCT IS NOT COVERED BY
ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR
PACKAGING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER
AND HIS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS
IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR
COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF
VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS
NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE
SOFTWARE.

9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
DEVELOPERS, ITS SUPPLIERS OR ANY NETWORK TO WHICH THE SOFTWARE PRODUCT
IS CONNECTED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO
MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR
NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS
EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF DEVELOPER
OR ANY SUPPLIER, AND EVEN IF DEVELOPERS OR ANY SUPPLIER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.

10. LIMITATION OF LIABILITY AND REMEDIES.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE
AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF DEVELOPER
AND ANY OF HIS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR
EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID (IF ANY) BY YOU DIRECTLY TO DEVELOPER FOR THE SOFTWARE.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING
SECTIONS 6, AND 7 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

11. ENTIRE AGREEMENT.

This EULA (including any addendum or amendment to this EULA which is
included with the Software Product) is the entire agreement between you
and Developer relating to the Software Product and the support services
(if any) and supersedes all prior or contemporaneous oral or written
communications, proposals and representations with respect to the
Software Product or any other subject matter covered by this EULA.  To
the extent the terms of any of Developer’s policies or programs for
support services conflict with the terms of this EULA, the terms of this
EULA shall control.