FTX

END-USER LICENSE AGREEMENT FOR Orbx Simulation Systems Full Terrain Experience (FTX) Scenery Addon For Microsoft Flight Simulator X

IMPORTANT — PLEASE READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Orbx Simulation Systems Pty. Ltd. ("ORBX") for the ORBX software product identified above, which includes computer software and includes associated media and “online” or electronic documentation (“SOFTWARE PRODUCT”). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT which may be provided to you by ORBX. 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.

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 as a single user license and no ownership is transferred, only the right to use the license software. The SOFTWARE PRODUCT may not be re-distributed, sold for non-profit or profit or subscription fees, repackaged, delivered on CD or DVD media or any other form of electronic media by any other persons or party, website, organisation or entity, other than the official e-commerce seller website(s) as contracted or authorised by ORBX.

1. GRANT OF LICENSE. This EULA grants you the following rights:

a. 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 organisation seeking to use the SOFTWARE PRODUCT under license for commercial use should contact ORBX at www.orbxsystems.com

b. This SOFTWARE PRODUCT is for personal entertainment purposes only and may not be used 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.

c. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its original component parts created by ORBX may not be separated for use for other software or projects.

d. Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of ORBX.

e. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. You may not charge admission or fees for any simulator, entertainment or training device which breaches this EULA by use of the SOFTWARE PRODUCT therein.

f. Support Services. This SOFTWARE PRODUCT is provided "as is", however ORBX 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 website at www.orbxsystems.com

g. Termination. Without prejudice to any other rights, ORBX may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

2. 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 text incorporated into the SOFTWARE PRODUCT), the accompanying online documentation materials, and any copies of the SOFTWARE PRODUCT are owned by ORBX 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. This SOFTWARE PRODUCT contains documentation which is provided only in electronic form, and you may print multiple copies of such electronic documentation.

3. LEGAL JURISDICTION. This EULA is governed by the laws of the State of Victoria, Australia.

4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORBX 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 ORBX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Microsoft Flight Simulator X is a © Copyrighted trademark of Microsoft Corporation
FTX and Full Terrain Experience are brands of Orbx Simulation Systems Pty. Ltd.