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  1.  
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  3. FLIGHT SIM LABS LTD.
  4.  
  5. END-USER SOFTWARE LICENSE AGREEMENT
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  8.  
  9. This End-User License Agreement ("EULA") pertains to Flight Sim Labs Ltd.'s Copyrighted computer software (the "Software") in the package containing CD-ROMs, diskettes, associated media, printed materials, electronic distribution files or electronic documentation. Please read the
  10. terms and conditions of this End-User License Agreement ("EULA") before installing or using the Software.
  11.  
  12. This End-User License Agreement ("EULA") is a legally enforceable contract between you ("Customer" or "you") and Flight Sim Labs Ltd. ("FSLabs").
  13. By clicking "I agree", installing, copying, or otherwise using any part of the Software or any associated media, any printed materials, or any "online" or electronic documentation, you agree to be bound by the terms of this EULA.
  14.  
  15. 1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
  16. The Software and related documentation is licensed, not sold. Any rights not clearly and expressly granted to you under this EULA are reserved to FSLabs. Provided you have paid all applicable fees, registered the Software with FSLabs, and otherwise complied with this EULA, FSLabs grants you the following personal, non-exclusive, non-transferable, limited rights:
  17.  
  18. a. One user may use the Software on the Customer's computer where the software was installed; you may use the Software on a second computer so long as only one copy is used at a time and only after having secured a second license permission from FSLabs. You may use the Software on a network ONLY IF each individual accessing the Software through the network has a copy licensed to that individual and installed on the machine from which they are accessing the network; and you may copy the Software for archival purposes, provided the copy contains all of the original Software's proprietary notices.
  19.  
  20. b. You may use the Software for private entertainment purposes only, and may not use this software to conduct training, aircraft familiarization or other training scenarios without acquiring a commercial support license from FSLabs in advance.
  21.  
  22. C. You may not operate this software in a public venue designed to demonstrate hardware or other display, sound, processing or flight simulation components without the express advanced permission of FSLabs.
  23.  
  24. d. You may not use this software to maintain currency for any aircraft certification requirement or training program. You may not list this software as meeting qualification for any training cycle.
  25.  
  26. e. You shall not charge non-licensed or licensed owners of this software for use of this software, training in conjunction with this software, or while using this software to demonstrate any technique or process that may be considered training or familiarization.
  27.  
  28. f. You may not alter, reverse engineer or otherwise modify any portion of this software except as described in this license.
  29.  
  30. g. You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, disclose, rent, lease, loan, distribute or use the Software except as provided above.
  31.  
  32. h. You shall not charge non-licensed or licensed owners of this software for use of this software, training in conjunction with this software, or while using this software to demonstrate any technique or process that may be considered training or familiarization.
  33.  
  34. i. You agree that you will not distribute unauthorized copies of this software to any person by any means.
  35.  
  36. j. You agree that if you are found to be distributing unauthorized copies of this software, or if you are found to be using a copy of this software that was not purchased from FSLabs and licensed to YOU that you will agree to cover all applicable legal expense in curred by FSLabs in your prosecution. You further agree that these costs should not be less than 20,000 Euro per event.
  37.  
  38. 2. WARRANTY, REMEDY, AND LIMITATIONS
  39. a. FSLABS WARRANTS THAT THE SOFTWARE WILL PERFORM IN SUBSTANTIAL ACCORDANCE WITH THE ACCOMPANYING USER MANUAL FOR 90 DAYS FOLLOWING YOUR RECEIPT OF THE SOFTWARE.
  40.  
  41. THIS IS YOUR ONLY WARRANTY.
  42.  
  43. b. FSLABS' SOLE OBLIGATION AND YOUR EXCLUSIVE REMEDY FOR ANY WARRANTY FAILURE IS TO FOLLOW FSLABS' REGULAR BUSINESS PRACTICES FOR THE CORRECTION, REPLACEMENT OR REMEDY OF A DEFECT. UNLESS OTHERWISE STATED ABOVE, THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE REMAINS WITH YOU. IN NO EVENT WILL FSLABS OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SPECIAL DAMAGES, INCLUDING LOST DATA, LOST REVENUES OR LOST PROFITS, EVEN IF THEY HAVE BEEN
  44. ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FSLABS RESERVES THE RIGHT TO MODIFY THIS DOCUMENT AT ANY TIME WITHOUT OBLIGATION TO NOTIFY ANYONE. IN NO EVENT SHALL FSLABS' OR ITS SUPPLIERS' LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID HEREUNDER BY YOU TO FSLABS OR THE SUPPLIER. REFUNDS FOR DIGITALLY DELIVERED SOFTWARE WILL BE MADE ONLY IN ACCORDANCE WITH FSLABS POLICY AS STATED ON THE FSLABS WEB SITE.
  45.  
  46. REFUND REQUESTS FOR NON DIGITALLY DELIVERED SOFTWARE WILL BE MADE WITH THE RETAILER OR DISTRIBUTOR AND NOT DIRECTLY WITH FSLABS.
  47.  
  48. TERMINATION
  49. The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license or other fees. You may terminate this EULA at any time (with no obligation on the part of FSLabs) by destroying all copies of the Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software and documentation; and providing satisfactory proof to FSLabs that you have done so. The disclaimer of warranty and limitations on liability contained in Section 4 shall continue in force even after your rights to use the Software are terminated.
  50.  
  51. DEMO OR EVALUATION VERSIONS
  52. If FSLabs designates the Software as a "Demo" or "Evaluation" version, you may use the Software solely for evaluation purposes for the designated 10-day period. Use of the Software and/or documentation beyond the 10-day evaluation period violates FSLabs' rights, as described above, including but not limited to FSLabs' rights under the US and International Copyright Acts. You acknowledge that any Demo or Evaluation version is merely a technology demonstration that may not be at the level of performance or compatibility of generally available FSLabs products. Demo or Evaluation versions are provided strictly on an "as is" basis and are subject to Section 2 above.
  53.  
  54. UPGRADES/ADD-ONS
  55. If the Software is designated by FSLabs as an Upgrade or Add-On product, you may only use the Software if you are also currently a licensed user of the base product to which the Upgrade or Add-On applies. Unless the FSLabs documentation for an Upgrade or Add-On
  56. specifically provides, you shall not separate upgrade products from base products, nor transfer them separately. FSLabs reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades add-ons and enhancements. All other terms of this EULA apply with equal force to any such Upgrades.
  57.  
  58. GENERAL/MISCELLANEOUS CLAUSES
  59. This EULA shall be governed by and construed under the substantive laws applicable to Cyprus. If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect.
  60.  
  61. Microsoft, Windows (XP/Vista/Windows 7) are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other Countries. Adobe and Acrobat are trademarks of Adobe Systems Incorporated. All trademarks and brand names are trademarks or registered trademarks of the respective owners.
  62.  
  63. The undersigned agrees that this EULA is entered into at Nicosia, Cyprus, and further agrees that any legal or equitable dispute brought or arising under this Agreement shall be brought in the courts of Cyprus. This Agreement constitutes the entire Agreement between the undersigned and FSLabs about the Software and documentation, and shall not be modified except in writing, signed by FSLabs.
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