End User License Agreement

Please don't steal our software. A team of over 40 people have been working for many years to provide you with beautiful terrain and airports for Flight Simulator X and Prepar3D. The cost to produce these products so far is well over a million dollars, and we continue to divert most of our revenue into further R&D and growth of the development team. So to help us to help you, by purchasing a legitimate license for our products. We're not a large corporation, just a small company with a vision to create the best VFR flying environments possible. If you know anyone who is using pirated copies of our software, take a minute to explain that their purchase of a valid license will allow us to continue to operate. You don't own Orbx software, but have a license to use it, as outlined below.

EULA

END-USER LICENSE AGREEMENT (EULA) for Orbx Simulation Systems Full Terrain Experience (FTX) Scenery Addon for Microsoft Flight Simulator X and Lockheed Martin Prepar3D.

IMPORTANT - PLEASE READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or single entity) and Orbx Simulation Systems Pty. Ltd. ("ORBX") for the ORBX software product identified above, which includes 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 from 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 see our Commercial Use License Agreement.

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 in 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 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 forum at orbxsystems.com/forum.

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.

h. The Orbx libraries (Orbxlibs) are licensed for use ONLY with Orbx products licensed by our customers. Whilst they are freely distributed on this site and our forums it is for the support of our own products only. It is EXPRESSLY FORBIDDEN to modify, use, call GUIDs, reference, extract or in any way make use of Orbxlibs in any software project be it freeware, donation ware or payware. Any mis-use of Orbxlibs will invoke legal action.

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 test incorporated into the SOFTWARE PRODUCT), the accompanying 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.
Prepar3D is a ® registered trademark of Lockheed Martin Corporation.
FTX and Full Terrain Experience are brands of Orbx Simulation Systems Pty. Ltd.