End User License Agreement
1. Introduction
This End-User License Agreement (EULA) is a legal agreement between you (Licensee or you) and Vantech SL (FSimStudios, Vantech, Vantech North America, us or we) for:
FSimStudios Software for Lockheed Martin Prepar3D, Microsoft Flight Simulator X or Laminar Research X-Plane. (“THE SOFTWARE PRODUCT”)
FSimStudios Lite Software for Lockheed Martin Prepar3D, Microsoft Flight Simulator X or Laminar Research X-Plane. (“THE SOFTWARE PRODUCT”)
The Software Product is sold as a single user license and we license use of the Software Product to you on the basis of this EULA and remain the owners of the Software Product at all times. By 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 use the Software Product.
2. Software Product License
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is sold perpetually as a transfer of a “copyrighted article”. The transferee obtains a copy of a computer program, subject to the grant of license, but does not acquire any of the copyright.
The SOFTWARE PRODUCT may not be re-distributed, sold for non-profit or profit from subscription fees, repackaged, delivered on CD or DVD media or any other form of electronic media by any other persons or party, website, organization or entity, other than the official e-commerce seller website(s) as contracted or authorized by Vantech.
3. Grant of License
You may install, access, and run a SINGLE copy of the SOFTWARE PRODUCT on a SINGLE personal computer for your personal, non-commercial, non-profit use. Any party or organization seeking to use the SOFTWARE PRODUCT under license for commercial use should contact us directly. Only one copy of the SOFTWARE PRODUCT must exist at any time. This copy is transferable to any other personal, non-commercial, non-profit machine under your possession, or under another person's possession, as long as any copies are destroyed to guarantee only one copy of the software exists at any time. You may not charge for the transfer of ownership of the SOFTWARE PRODUCT.
We may update or require you to update the Software Product, provided that the Software Product shall always match the description of it that we provided to you before you licensed it.
This Software Product is provided "as is", however Vantech will provide provision of support services in relation to the operation, installation or remedy of issues arising to the use of the Software at its official support fsimstudios@gmail.com.
You may not rent, lease, or lend the SOFTWARE PRODUCT. You may not charge admission fees for any simulator, entertainment or training device which breaches this EULA by use of the SOFTWARE PRODUCT therein.
This SOFTWARE PRODUCT is for personal entertainment purposes only and it’s not approved for flight training purposes. This SOFTWARE PRODUCT is not part of an approved training program under the standards of any aviation regulatory agency or body worldwide, whether private or government.
4. Professional or Commercial License
Using our standard products for a commercial purpose requires a special license. This commercial license allows the customer to use the product for commercial purposes. This includes the use of products in Flight Schools education, commercial Flight Simulators (renting, training, etc.), Flight Simulators for in-company use, marketing and publication of images or videos created using this software.
The license is valid for one station/simulator which is based on any version of Microsoft Flight Simulator or Lockheed Martin Prepar3D or Laminar X-Plane. When operating more than one station/simulator a license for each station/simulator might be required.
Please write to contact FSimStudios for buying this type of license or for more information about commercial licenses.
5. Restrictions
Do not to copy the Software Product, except where such copying is incidental to normal use of the Software Product or where it is necessary for the purpose of back-up or operational security. Only one copy of the SOFTWARE PRODUCT shall exist at any time;
Do not rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software Product nor permit the Software Product or any part of it to be combined with, or become incorporated in, any other programs;
Do not provide, or otherwise make available, the Software Product in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without our prior written consent;
Do not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software Product nor attempt to do any such thing.
6. Copyright
All title and copyrights in and to the original created components of the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, and test incorporated into the SOFTWARE PRODUCT), the accompanying documentation materials, and any copies of the SOFTWARE PRODUCT are owned by Vantech or its suppliers. All title and intellectual property rights in and to additional third party libraries and content (which are used under the terms of those components’ distribution) which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
All the material contained in this SOFTWARE PRODUCT is exclusive copyright of Vantech and no part of any of the models contained in this package, or any other files within, in part or in whole, may be copied, re-distributed, disassembled, re-packaged or in any way be exploited for any commercial purpose without the express permission of Vantech.
This SOFTWARE PRODUCT contains documentation which is provided only in electronic form, and you may print multiple copies of such electronic documentation.
All trademarks and brand names are trademarks or registered trademarks of the respective owners and their use herein does not imply any association or endorsement by any third party.
7. Legal Jurisdiction
This EULA is governed by the laws of the province of Florida, United States.
8. Disclaimer
The Software Product is provided “as is,” and we do not guarantee the functionality of the Software Product or a particular result from the use of the Software Product.
Neither Vantech, its members, managers, developers, employees, agents, nor its suppliers shall be liable to you for any loss of use, lost or inaccurate data, lost profits, failure of security mechanisms, interruption of business, delays or any direct, indirect, special, incidental, reliance or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance.
To the maximum extent permitted by applicable law, in no event shall Vantech be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or the provision of or failure to provide support services, even if Vantech has been advised of the possibility of such damages.
In no event does Vantech authorize you to use the Software Product in applications or systems where the Software Product's failure to perform can reasonably be expected to result in a physical injury, or in loss or endangerment of life. Any such use by you is entirely at your own risk, and you agree to hold Vantech and it’s members, employees, developers and suppliers harmless from any claims or losses relating to such unauthorized use.
You acknowledge that the Software Product has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.
The Software Product might contain logos, trademarks or company names. All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them. Trademarks, logos or company names are only used for realism, as The Software Product intends to be a replica of the reality. Vantech is in any way profiting from, using for it’s advantage Trademarks, registered logos or company names. Registered trademarks can be removed from the products if requested by the respective holder.
