COMMERCIAL USE LICENSE AGREEMENT FOR Orbx Simulation Systems Full Terrain Experience (FTX) Scenery Visual Terrain.
IMPORTANT — PLEASE READ CAREFULLY: This Commercial Use License Agreement (“CULA”) is a legal agreement between the abovementioned party ("The Licensee") 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 CULA. If you do not agree to the terms of this CULA, do not license or 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 SIMULATOR DEVICE commercial license and no software ownership or intellectual property is transferred, only the right to use the licensed software. The SOFTWARE PRODUCT may not be re-distributed, sold for nonprofit 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, organization or entity, other than authorized resellers as contracted or authorized by ORBX.
1. GRANT OF LICENSE. This CULA grants the LICENSEE the following rights:
a. The LICENSEE may install, access, and run a SINGLE copy of the SOFTWARE PRODUCT on a SINGLE SIMULATOR DEVICE (controlled by up to five (5) Intel-based PCs) for commercial, for-profit use, in perpetuity, from the time the License Fee has been paid to ORBX or its authorized reseller.
b. This SOFTWARE PRODUCT is for commercial purposes only and may not be used for personal entertainment or private use on any other devices other than the intended-use SINGLE SIMULATOR DEVICE. This SOFTWARE PRODUCT is not part of any formal approved training program under the standards of any aviation regulatory agency or body worldwide, whether private or government. If the LICENSEE wishes to use the SOFTWARE for training then it is the responsibility of the LICENSEE to obtain the relevant certification for the SINGLE SIMULATOR DEVICE which uses the SOFTWARE.
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 CULA does not grant the LICENSEE any rights in connection with any trademarks or service marks of ORBX.
e. Rental. The LICENSEE may rent the SOFTWARE PRODUCT only in the context of its use as installed on the SINGLE SIMULATOR DEVICE. The LICENSEE may charge admission, tuition or other fees for any SINGLE SIMULATOR DEVICE, either for entertainment or training which is authorized by this CULA for use of the SOFTWARE PRODUCT therein.
g. Termination. Without prejudice to any other rights, ORBX may terminate this CULA if the LICENSEE fails to comply with the terms and conditions of this CULA. In such event, the LICENSEE must destroy all copies of the SOFTWARE PRODUCT and all of its component parts, and uninstall the SOFTWARE from any and all DEVICES in use on their premises.
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 CULA grants the LICENSEE no rights to use such content. This SOFTWARE PRODUCT contains documentation which is provided only in electronic form, and The LICENSEE may print multiple copies of such electronic documentation.
3. LEGAL JURISDICTION. This CULA 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.