|
End User License Agreement |
|
vroute.info version 2.0 premium
Copyright © 2005-2014 by VROUTE. All Rights Reserved
1. END USER LICENSE AGREEMENT
Please Read This End User License Agreement ("EULA") Carefully.
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and VROUTE for the above-identified VROUTE software product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The Software Product also includes any software updates, add-on components, web services and/or supplements that VROUTE may provide to You or make available to You, or that You obtain from the use of features or functionality of the Software Product, after the date you obtain your initial copy of the Software Product (whether by delivery of a CD, permitting downloading from the Internet or a dedicated web site, or otherwise) to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you disagree with any of the terms of this EULA or if you are unwilling or unable to fully accept these conditions, then, notwithstanding the conditions in the remainder of this EULA, do not install or use the SOFTWARE PRODUCT; or exit the installer if you are already running it and immediately remove all electronic copies of the SOFTWARE PRODUCT from your computer.
While effort was made to ensure the accuracy of the information provided by this SOFTWARE PRODUCT, there is NO WARRANTY, express or implied, for the accuracy or applicability of the results generated by this SOFTWARE PRODUCT to your particular situation and for the performance of the software in your computer hardware and software environment. You accept responsibility for verifying if your computer hardware and software environment meets the minimum requirements as specified by VROUTE.
This SOFTWARE PRODUCT is solely intended for entertainment flight simulation purposes. Any attempt to use it in real life aviation is against the law. This SOFTWARE PRODUCT was never intended to be as accurate, reliable and comprehensive as real life aviation products must be.
This SOFTWARE PRODUCT is provided to you by VROUTE for use only under the terms provided in this EULA. VROUTE reserves all rights not expressly granted to you. While you may own the media on which the SOFTWARE PRODUCT is recorded, VROUTE retains ownership of the SOFTWARE PRODUCT itself. You assume sole responsibility for the installation and use of the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.
GRANT OF LICENSE.
This Section of the EULA describes Your general license rights to install and use the Software Product. It also describes a set of additional license rights. The license rights described in this Section are subject to all other terms and conditions of this EULA.
General License Grant to Install and Use Software Product.You may install and use the Software Product on a computer, device, workstation, terminal or other digital electronic or analog device ("Device"). This license is granted exclusively to you for the Software Product described within and may not be shared or transferred under any circumstances.
2. LICENSE PROVISIONS
Your purchased license grants you a limited, non-exclusive, not transferrable license to do the following:
a) You may install and use this SOFTWARE PRODUCT on up to two computers. In case the product is installed on more than two computers, VROUTE is allowed to de-register the application from additional (third and every next) computer. If you violate this rule in a serious and repeated manner, your right to install on subsequent computers might be revoked.
b) After you purchase this SOFTWARE PRODUCT, your purchase will be attached to your email address so that whenever in the future you use the same email, your license rights will be automatically applied. You may not provide your email address to any third parties with the purpose of allowing them to use the SOFTWARE PRODUCT without them purchasing a license. If you do so, your purchased license to use the SOFTWARE PRODUCT is automatically revoked and terminated, you must remove the SOFTWARE PRODUCT from your computer(s), and you may be liable for legal damages.
In case you loose your email address or you are otherwise unable to use it, you should contact VROUTE with a proof of purchase which will be sent to you upon payment.
c) You may only use the SOFTWARE PRODUCT in a manner that complies with all applicable laws in the jurisdiction(s) in which you use the SOFTWARE PRODUCT, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
d) Support Services.
VROUTE may, in their sole discretion, provide you with support services related to the Software Product ("Support Services"). Use of Support Services is governed by the VROUTE's policies and programs described in the user manual, in "online" documentation, or in other VROUTE-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and shall be subject to the terms and conditions of this EULA. You acknowledge and agree that VROUTE may use technical information you provide as part of the Support Services for his business purposes, including for product support and development. VROUTE will not utilize such technical information in a form that personally identifies you.
3. INTELLECTUAL PROPERTY RIGHTS.
All title and intellectual property rights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product), the accompanying materials, and any copies of the Software Product are owned by VROUTE or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.
4. COPYRIGHT
This SOFTWARE PRODUCT is Copyright © 2005-2014 by VROUTE. All Rights Reserved. This SOFTWARE PRODUCT is protected under copyright laws of te Republic of Poland and international treaty provisions. Unauthorized reproduction or distribution of this SOFTWARE PRODUCT, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. You may not distribute the registered (installed) version of this SOFTWARE PRODUCT.
5. OWNERSHIP
A. This SOFTWARE PRODUCT and the related copyrights and intellectual property rights, are the exclusive property of VROUTE and/or its suppliers. You acquire no title, right or interest in the Software other than the rights granted in this EULA.
B. You shall not remove from the SOFTWARE PRODUCT any trademark, service mark, tradename, copyright notice or other notice.
6. RESTRICTIONS
You may not sublicense, or assign copies of the SOFTWARE PRODUCT to others. This SOFTWARE PRODUCT contains trade secrets. You may not decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE PRODUCT to a human readable form. You may not modify, adapt, translate, rent, lease, loan, resell, or otherwise assign the SOFTWARE PRODUCT, or create derivative works based upon the SOFTWARE PRODUCT or any part of the SOFTWARE PRODUCT without the prior written consent of VROUTE.
7. TERMINATION
A. This EULA is effective until terminated and it will terminate immediately without notice from VROUTE if you fail to comply with any of its provisions.
B. Upon termination of this EULA, VROUTE reserves the right to take any legal action necessary to recover any damages incurred by VROUTE.
C. Upon termination of this EULA, you shall immediately refrain from using the SOFTWARE PRODUCT, you shall delete the SOFTWARE PRODUCT from the computer(s) upon which it has been installed by you and/or your agents, and you shall delete the SOFTWARE PRODUCT from the media upon which it is recorded.
D. The limitations on liability and disclaimer of warranty contained in this EULA shall continue in force even after your rights to use the SOFTWARE PRODUCT are terminated.
8. BACKUP COPY.
After installation of one copy of the Software Product pursuant to this EULA, you may keep the original media on which the Software Product was provided by VROUTE solely for backup or archival purposes. If the original media is required to use the Software Product on the Device, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.
9. WARRANTY
THIS SOFTWARE PRODUCT IS NOT COVERED BY ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service packs or hot fixes provided to you are not covered by any warranty or condition, express, implied or statutory.
DISCLAIMER OF WARRANTIES.
THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VROUTE AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VROUTE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF EASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF VROUTE OR ANY SUPPLIER, AND EVEN IF VROUTE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF VROUTE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY VROUTE WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 9, 10 AND 11 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between you and VROUTE relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any VROUTE policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
10. ENHANCEMENTS
VROUTE may, in its sole discretion, advise you of updates, upgrades, enhancements or improvements to the SOFTWARE PRODUCT and/or new releases of the SOFTWARE PRODUCT (collectively, "ENHANCEMENTS"), and may license you to use such ENHANCEMENTS upon payment of prices as may be established by VROUTE from time to time. All such ENHANCEMENTS to the SOFTWARE PRODUCT provided to you shall also be governed by the terms of this EULA. VROUTE reserves the sole and exclusive right to set and modify its policies and prices regarding updates, upgrades and enhancements.
VROUTE grants you the right to use any bug-fix releases and all the hosted services used by this SOFTWARE PRODUCT on VROUTE servers for a period of 2 years from the date of purchase, at no additional fee. After the initial period VROUTE may at it's own discretion decide to extend this period for free or upon payment of prices as may be established by VROUTE at later time.
11. GENERAL
This EULA will be governed by and construed in accordance with the laws of the Republic of Poland, and shall inure to the benefit of VROUTE and you and their successors, assigns and legal representatives. If any provision of this EULA is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, the enforceability of the remaining provisions shall in no way be affected or impaired thereby and the remaining provisions of this License will remain in full force and effect. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Any notices or other communications to be sent to VROUTE must be mailed by registered mail to the following address: VROUTE Michal Rok, Al. Spacerowa 36, 05-825 Ksiazenice, Poland.
This EULA constitutes the entire agreement between VROUTE and you with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This EULA replaces all previous EULAs for previous versions of this SOFTWARE PRODUCT. This EULA may not be changed or amended except by a written instrument executed by a authorized representative of VROUTE.
12. In accordance with the Customer Rights Protection Act of the Republic of Poland (ustawa z dnia 2 marca 2000 r. o ochronie niektórych praw konsumentów oraz o odpowiedzialnosci za szkode wyrzadzona przez produkt niebezpieczny) you hereby agree that the service will be delivered to you before the 10-day period from purchase elapses.
13. This product is sold as download version only. You will not receive any physical media upon payment. It is your responsibility to make backup copies of the downloaded files.
14. This software requires an Internet connection at all times in order to operate. You are solely responsible for connecting your computer to the Internet, ensuring the proper operation of this connection and paying the associated expenses. VROUTE will not refund your Internet connection fees.
15. ACKNOWLEDGEMENT
BY REGISTERING THIS SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS END USER LICENSE AGREEMENT, YOU UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this EULA, contact VROUTE at the address provided above.
|
|
Installation