Please, read this carefully. By using all or any portion of the Software you accept all the terms and conditions of this Agreement. If you do not agree, do not use this Software.
FS-FlightControl, Copyright by AB-Tools GmbH
This End-User License Agreement ("EULA") pertains to AB-Tools GmbH'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 terms and conditions of this EULA before installing or using the Software.
This EULA is a legally enforceable contract between you ("Customer" or "you") and AB-Tools GmbH ("AB-Tools").
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.
1. Grant of Non-Exclusive, Limited License
The Software and related documentation is licensed, not sold. Any rights not clearly and expressly granted to you under this EULA are reserved to AB-Tools. Provided you have paid all applicable fees, activated the Software license with AB-Tools, and otherwise complied with this EULA, AB-Tools grants you the following personal, non-exclusive, non-transferable, limited rights:
- One user may use the Software on the Customer's computer where the Software was installed; you may only use the Software on further computers after you have bought and activated additional computer licenses from AB-Tools. 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.
- You may use the Software for private entertainment purposes only. The usage in non-commercial educational institutions is only permitted with an "Academic License" or "Commercial License". A commercial or military usage is only permitted after the purchase of a "Commercial License".
- The Customer shall comply strictly, at all times, with the agreed usage rights and restrictions. If the Customer fails to comply with the agreed usage rights and restrictions and uses a private/home license for commercial, military or educational/academic use or a academic license for commercial or military use, the Customer shall be liable towards AB-Tools for a penalty of EUR 500 (five hundred) for each day the Customer fails to comply with the usage rights and restrictions with a maximum of EUR 10,000 (ten thousand) per year. This penalty is without prejudice to any other rights and remedies available to AB-Tools.
- You may not alter, decompile, disassemble, extract or otherwise reverse engineer or modify any portion of this Software except as described in this EULA.
- 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 in this EULA.
- You agree that you will not distribute unauthorized copies of this Software to any person by any means.
- 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 AB-Tools and licensed to you that you will agree to cover all applicable legal expense in curred by AB-Tools in your prosecution. You further agree that these costs should not be less than EUR 10,000 (ten thousand) per event.
2. Warranty, Remedy and Limitations
AB-Tools warrants that the Software will perform in substantial accordance with the online manual provided at www.fs-flightcontrol.com for 90 days following your receipt of the Software.
This is your only warranty.
- AB-Tools' sole obligation and your exclusive remedy for any warranty failure is to follow AB-Tools' regular business practices for the correction, replacement or remedy of a defect. Unless otherwise stated in this EULA, 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 AB-Tools 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 advised of the possibility of such damages. AB-Tools reserves the right to modify this document at any time without obligation to notify anyone. In no event shall AB-Tools' or its suppliers' liability under this agreement exceed the sum of all amounts paid hereunder by you to AB-Tools or the Supplier.
- AB-Tools has the right to exchange the data provider of map background images of the Software at any time. The change of such a data provider does not represent defect.
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 AB-Tools) by destroying all copies of the Software, deleting any copies of the Software from your hard drives and other data storage mediums, ceasing all use of the Software and documentation; and providing satisfactory proof to AB-Tools that you have done so. The disclaimer of warranty and limitations on liability contained in section 2 shall continue in force even after your rights to use the Software are terminated.
4. Demo, Test or Evaluation Versions
If AB-Tools designates the Software as a "Demo", "Test" or "Evaluation" version, you may use the Software solely for evaluation purposes for the designated 14-day period. Use of the Software and/or documentation beyond the 14-day evaluation period violates AB-Tools' rights, as described above, including but not limited to AB-Tools' rights under the German and international Copyright Acts. Demo or Evaluation versions are provided strictly on an "as is" basis and are subject to Section 2 above.
5. Upgrades and Add-Ons
If the Software is designated by AB-Tools 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 AB-Tools documentation for an Upgrade or Add-On specifically provides, you shall not separate upgrade products from base products, nor transfer them separately. AB-Tools 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 or Add-Ons.
6. Update Subscription
After purchasing a licensed copy of the Software you have the right to get all updates of this software for free for the period of time written on the website at the date of purchase. AB-Tools does not have the obligation to provide any certain number of updates in this period of time. After this free update period has ended you may purchase an update subscription to receive updates again for a certain period.
7. General and Miscellaneous Clauses
This EULA shall be governed by and construed under the substantive laws applicable to Germany. If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect.
Prepar3D is a registered trademark of Lockheed Martin Corporation. Microsoft Flight Simulator X and Windows are copyrighted trademarks of Microsoft Corporation. Flight Sim World is a registered trademark of RailSimulator.com Limited. Map image data copyright by Microsoft Corporation and NAVTEQ; image courtesy of NASA. Height map data copyright by National Oceanic and Atmospheric Administration (NOAA). All trademarks and brand names are trademarks or registered trademarks of the respective owners.
You agree that this EULA is entered into at Munich, Germany, and further agrees that any legal or equitable dispute brought or arising under this Agreement shall be brought in the courts of Germany. This EULA constitutes the entire Agreement between the undersigned and AB-Tools about the Software and documentation, and shall not be modified except in writing, signed by AB-Tools.