(2) Scope. This EULA does not apply if you agreed to an separately issued EULA by the developer or publisher of the Product at the time of purchase. In such a case, the separately issued EULA by the developer or publisher shall apply and the Platform is not part of these separately agreed agreement with the publisher or developer of the Product. In the alternative, if, apart from this License Agreement, additional or deviating licenses are granted to you by the respective developer(s) of the supplied content(s) simultaneously, the EULA and granted license of the developer(s) takes precedence.
(3) Grant of License. Unless otherwise stated in the contents description on the Site, the Site grants you a non-exclusive, non-transferable, temporarily and regionally unlimited license to use the supplied content exclusively for private purposes. Hereby, the Licensor grants you a license to use the supplied content provided. The intellectual property rights remain the sole property of the respective Product developer(s) and owner(s), and you are not gaining any rights, titles or interests in the provided software or supplied content. The Product is sold as a single user licence.
(4) No Commercial Use. The use of the supplied content is permitted exclusively for the customer's own, non-commercial use. Passing on or publishing the software, partial contents as well as software keys is prohibited. You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the use of or installation of the Software or Product. You may not redistribute the Software or Product in any form. You may not authorize any other user to operate the software or Product using your credentials. This License permits you to install the supplied content on no more than one computer system, an you may make copies of the supplied content for backup purposes only. You may not rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Product nor permit the Product or any part of it to be combined with, or become incorporated in, any other programs.
(5) Reverse Engineering. You may not disassemble or reverse engineer any part of the supplied software Products. All rights in the software are owned by the developer and author of the software.
(6) No future updates. You understand that any obligation arising from the purchase contract is satisfied with the provision of the Products and, in particular, there is no right to free updates or future versions of the purchased Product. The Product is provided "as is", however the vendor will provide provision of support services in relation to the operation, installation or remedy of issues arising to the use of the Product. However, you acknowledge that the Product has not been developed to meet your individual requirements.
(7) DISCLAIMER. THE SUPPLIED CONTENT IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN NO EVENT SHALL THE DEVELOPER, NOR FLIGHTSIM.TO BE LIABLE FOR ANY DAMAGES WHAT SO EVER INCLUDING DIRECT, INDIRECT CONSEQUENTIAL OR INCIDENTAL. THE LICENSOR IS NOT LIABLE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR THE USE OF THE SUPPLIED CONTENT. Neither the Platform, the developer, 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 the Platform or the developer 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 Product or the provision of or failure to provide support services, even if the Platform or developer has been advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability shall be limited to the maximum extent permitted by law and the exclusions above may not apply to you.
(8) Copyright Notice. All title and copyrights in and to the original created components of the Product and the accompanying documentation materials are owned by the developer of the Product or its suppliers. All title and intellectual property rights in and to additional third party libraries and content which may be accessed through use of the 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.
(8.1) Intellectual Property. You acknowledge that all intellectual property rights in and to the original created components of the Product (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Product), and any copies of the Software Product are owned by the respective developer(s), creator(s) or their third party suppliers.
(8.2) Trademarks. The 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. Microsoft Flight Simulator is a © copyrighted trademark of Microsoft Corporation and Asobo Studios.
(9) Unlawful Use. You may not use the supplied content and software Products for any purpose that is unlawful, prohibited by this EULA, or in any way interferes or attempts to interfere with the proper working of the Product.
(10) Breach of License. The Licensor has the right to terminate this License Agreement and your right to use the supplied content upon any material breach by you. In such a case, you agree to return, delete and dispose of all copies of the supplied content upon termination of the License including backup copies.
(10.1) Termination. Upon termination of this EULA for any reason all rights granted to you under this EULA shall cease; you must cease all activities authorised by this EULA; and you must immediately delete or remove the Product from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Product then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
(11) Warranties. The Licensor warrants that the Product will, when properly used on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documentation.
(12) Jurisdiction. This EULA is governed by the laws of Germany.
(12.1) Transfers. The Licensor may transfer the rights and obligations under these terms to another organisation. The Licensor will inform the Customer in writing if this happens and ensures that the transfer will not affect granted rights under this EULA.
(12.2) Misc. Each of the paragraphs of this EULA operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Last Updated: September 25, 2021