END USER LICENSE AGREEMENT FOR X-SQUAWKBOX SOFTWARE.
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal
agreement between you (either an individual person or a single legal entity,
hereinafter referred to in this EULA as "You") and Benjamin Supnik
(hereinafter referred to as the ÒDeveloperÓ) for X-Squawkbox including any
associated media, printed materials and electronic documentation (the "Software
Product"). The Software Product also includes any software updates, add-on
components, web services and/or initial supplements that the Developer may
provide to you or make available to you after the date you obtain your initial
copy of the Software Product to the extent that such items are not accompanied
by a separate license agreement or terms of use. By installing, copying,
downloading, 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 install, access or use the Software Product. Instead, you should
delete it immediately.
SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties.
The Software Product is licensed, not sold.
1. GRANT OF LICENSE. This Section of the EULA describes your general rights to
install and use the Software Product. The license rights described in the
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 (ÒDeviceÓ). This license is granted
exclusively to you for the Software Product described within and may not be
shared or transferred under any circumstances.
Reservation of Rights. All rights not expressly granted including, but not
limited to, Copyright, are reserved by Developer.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Copy Protection. The Software Product may include copy protection technology
to prevent the unauthorized copying of the Software Product or may require
original media for use of the Software Product on the Device. It is illegal
to make unauthorized copies of the Software Product or to circumvent any copy
protection technology included in the Software Product.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may
not reverse engineer, decompile or disassemble the Software Product, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
Limitations on Modification of Software Product. You may not modify the
Software Product in whole or part in any way without the express prior written
approval of the Developer. This includes, but is not limited to, the
modification of any installation routines, packaging and/or program display
elements (such as multiplayer aircraft) from the original state of the Software
Product as provided to you by the Developer.
Limitations on Redistribution of Software Product. You may not redistribute
the Software Product in whole or part in any way without the express prior
written approval of the Developer.
Trademarks. This EULA does not grant you any rights in connection with any
trademarks or service marks of the Developer.
No rental, leasing or commercial hosting. You may not rent, lease, lend or
provide commercial hosting services to third parties with the Software Product.
Agreement to Transfer of Data by Software Product. By installing, copying,
downloading, accessing or otherwise using the Software Product, you hereby
grant permission to the transmission of certain data from your local Device
to a host networkÕs server hardware for use in online flight simulation. The
data transmitted to a host networkÕs server hardware shall be limited to
various data and information from your flight simulator software program
including, but not limited to, aircraft performance and location data
generated by said simulator program. In addition, you further agree to the
transfer of your hard disk drive serial number and/or the serial number of your
Ethernet card as well as the version number of the Software Product to the
Developer each time you startup the Software Product. No information other
than data generated by your flight simulation software and the data expressly
set forth herein which would personally identify you shall be subject to the
terms of this paragraph. However, the terms of this paragraph expressly
exclude any information you provide via the Software Product for purposes of
logging onto a particular host network. The provision of any such information
shall be governed by the terms and conditions of your membership with such host
network.
Support Services. The Developer may, in his sole discretion, provide you with
support services related to the Software Product ("Support Services"). Use of
Support Services is governed by the DeveloperÕs policies and programs described
in the user manual, in "online" documentation, or in other Developer-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 the Developer may use technical information you provide as part of the
Support Services for his business purposes, including for product support and
development. The Developer will not utilize such technical information in a
form that personally identifies you.
Software Transfer. Except as specified in this section, you may make a one-
time permanent transfer of the EULA and Software Product directly and only to
an end user. This transfer must include all of the Software Product (including
all component parts, the media and printed materials, any upgrades, and this
EULA). Such transfer may not be by way of consignment or any other indirect
transfer. The transferee of such one-time transfer must agree to comply with
the terms of this EULA, including the obligation not to further transfer this
EULA and Software Product. Subscription Products, if any are provided or
otherwise made available, are non-transferable.
Termination. Without prejudice to any other rights, the Developer may, in his
sole discretion, terminate this EULA if you fail to comply with the terms and
conditions herein. In such event, you must immediately destroy all copies of
the Software Product and all of its component parts.
3. UPGRADES. If the Software Product is labeled as an upgrade, you must be
properly licensed to use a product identified by the Developer as being
eligible for the upgrade in order to use the Software Product. A Software
Product labeled as an upgrade replaces or supplements (and may disable) the
product that formed the basis for your eligibility for the upgrade. You may
use the resulting upgraded product only in accordance with the terms of this
EULA. If the Software Product is an upgrade of a component of a package of
software programs that you licensed as a single product, the Software Product
may be used only as part of that single product package and may not be
separated for use on more than one Device.
The Software Product may offer automatic and/or user optional downloadable
upgrades. If you agree to any such upgrades, then data files will be
downloaded which will replace the Software ProductÕs originally installed data
files. Any such upgrades will be for data files only and will not include any
executable files.
4. 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 printed materials and any copies
of the Software Product are owned by the Developer or his 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 for any other purpose including,
but not limited to, redistribution without the express prior written consent of
the Developer.
5. 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 the Developer 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.
6. APPLICABLE LAW. If you exercise this license in the United States, then
this EULA is to be construed in accordance with the laws of the State of
Maryland. If you exercise the license of this Software Product in any other
country, then local law applies.
Should you have any questions concerning this EULA, please send e-mail to
bsupnik@xsquawkbox.net.
7. 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.
8. DISCLAIMER OF WARRANTIES. THIS SOFTWARE PRODUCT IS NOT COVERED BY ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THIS SOFTWARE PRODUCT IS
NOT COVERED BY ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY
DOCUMENTATION OR PACKAGING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
DEVELOPER AND HIS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY)
AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL 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 OR RESPONSES, OF RESULTS,
OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH
REGARD TO THE SOFTWARE, 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.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVELOPERS, ITS
SUPPLIERS OR ANY NETWORK TO WHICH THE SOFTWARE PRODUCT IS CONNECTED 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 REASONABLE
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 DEVELOPER OR ANY SUPPLIER, AND EVEN IF
DEVELOPERS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. 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 DEVELOPER AND ANY OF HIS SUPPLIERS UNDER ANY PROVISION OF THIS
EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO
THE AMOUNT ACTUALLY PAID (IF ANY) BY YOU DIRECTLY TO DEVELOPER FOR THE
SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING
SECTIONS 6, AND 7 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. 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 Developer relating to the Software Product and the support
services (if any) and supersedes 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 of DeveloperÕs policies or programs for support services conflict
with the terms of this EULA, the terms of this EULA shall control.