CAPTAIN SIM SOFTWARE LICENSE TERMS
These license terms are an agreement between Captain Sim and you. Please read them. They apply to the software, which includes the media on which you received it, if any. The terms also apply to any Captain Sim updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, request a refund at: http://www.captainsim.com/support/refund.html
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW. Software. The software includes desktop application software.
License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. Licensed Device. The licensed device is the device on which you use the software. You may install and use one copy of the software on the licensed device. Except where this software is sold with development tools (i.e. repaint kit), this software is for familiarization purposes only. Where this software is sold with development tools, it may be used with those development tools as well as for familiarization purposes. In any event, this software cannot be part of an approved training program under the standards of the FAA or any other regulatory agency. Use of this software or any part of it to transfer data to another program not related to this software is prohibited.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. Additional Functionality. Captain Sim may provide additional functionality for the software. Other license terms and fees may apply.
4. INTERNET-BASED AND SUPPORT SERVICES. Captain Sim provides Internet-based services at http://www.captainsim.com/. It may change or cancel them at any time. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means. By using such features you agree that Captain Sim or its agents may generate, store and transmit certain information according to Privacy Terms: http://www.captainsim.com/company/privacy_terms.html. You acknowledge and agree that Internet-based services may not be consistently available or operate error free, and that Internet-based services may be discontinued by Captain Sim or its agents at any time without notice to you.
5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Captain Sim reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not work around any technical limitations in the software; reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; publish the software for others to copy; rent, lease or lend the software; or use the software for commercial software hosting services.
You acknowledge and agree that the Software may have been developed by and may include software licensed by third party licensors named in the copyright notice(s) included with the Software, who shall be authorized to hold you responsible for any copyright infringement or violation of this Agreement. You agree not to take any action inconsistent with such title and ownership.
6. PROTECTION OF SOFTWARE. You agree to protect the Software and the Documentation from unauthorized copying or use. You agree to protect your registration identification number transferred to you upon authorized transfer of this software from unauthorized use. You acknowledge that the source code for the Software and other trade secrets embodied in the Software have not been, and are not going to be, disclosed to you. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE MAY CONTAIN CODE THAT DETECT OR PREVENT UNAUTHORIZED USE OF THE SOFTWARE.
7. FREE LIVERIES All texture repaints (free liveries) created using Captain Sim Repaint Kit remain a property of Captain Sim. For details read: http://www.captainsim.com/products/rkcopyright.html
8. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
9. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
10. TRANSFER TO ANOTHER DEVICE. You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.
11. RETURN AND REFUND The software product is not returnable and the product licensing fees are non-refundable.
12. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
13. APPLICABLE LAW. This EULA is governed by the laws in force in the Russian Federation and/or Ukraine; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and/or regional courts sitting in Moscow, Russian Federation and/or Kiev, Ukraine, at Captain Sim’s sole discretion.
14. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
15. NO LIABILITY FOR DAMAGES. Neither Captain Sim nor its suppliers shall be liable for any damages. You cannot recover any damages, including direct, consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if repair, replacement or a refund for the software does not fully compensate you for any losses; or Captain Sim knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
DISCLAIMER OF WARRANTY
NO WARRANTY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CAPTAIN SIM, ITS SUPPLIERS AND LICENSORS.
YOU ACKNOWLEDGE THAT THE SOFTWARE AND THE DOCUMENTATION ARE BEING SUPPLIED TO YOU ON AN "AS IS" BASIS. CAPTAIN SIM DOES NOT WARRANT THAT (a) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (b) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (c) DEFECTS WILL BE CORRECTED, OR (d) YOU WILL HAVE UNINTERRUPTED, OR ERROR-FREE SOFTWARE ACCESS.