End User License Agreement (EULA)

EULA: END-USER LICENSE AGREEMENT

IMPORTANT - PLEASE READ THESE TERMS CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (Licensee or you) and Orbx Simulation Systems Pty Ltd (ORBX, us or we) for:

Orbx Addon for Microsoft Flight Simulator X, 2020, 2024 and all other versions or variations, Lockheed Martin Prepar3D and all its versions, Laminar Research X-Plane in all its versions, Digital Combat Simulator (DCS), and IPACS Aerofly FS (Software);
the Orbx libraries associated with the Software (Orbxlibs);
Orbx Central;
Volanta; and
associated printed materials, media and online or electronic documentation (Documentation),

(together the Software Product).

The Software Product is sold as a single user license and we license use of the Software Product to you on the basis of this EULA and remain the owners of the Software Product at all times. 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.

1. GRANT OF LICENSE

1.1 In consideration of you agreeing to abide by the terms of this EULA, Orbx hereby grants you a non-exclusive, non-transferable license to use the Software Product on the terms of this EULA.

1.2 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.

1.3 We may update or require you to update the Software Product, provided that the Software Product shall always match the description of it that we provided to you before you licensed it.

1.4 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 orbxdirect.com/support. Orbx reserves the right to refuse support if the Licensee violates our website's terms of use or this EULA.

2. RESTRICTIONS

2.1 Except as expressly set out in this EULA or as permitted by any local law, you undertake:

(a) not to copy the Software Product, except where such copying is incidental to normal use of the Software Product or where it is necessary for the purpose of back-up or operational security;

(b) to only use the Software Product for personal entertainment purposes and not to use the Software Product for flight training purposes;

(c) not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software Product nor permit the Software Product or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to provide, or otherwise make available, the Software Product in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person, through any channel, without our prior written consent;

(e) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software Product nor attempt to do any such thing; and

(f) not to modify, use, call GUIDs, reference, extract or in any way make use of the Orbxlibs in any software project be it freeware, donation ware or payware.

3. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that:

(a) all intellectual property rights 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), and any copies of the Software Product are owned by Orbx or its third party suppliers;

(b) you have no intellectual property rights in or to the Software Product other than the right to use the Software Product in accordance with the terms of this EULA; and

(c) all title and intellectual property rights in and to additional third party libraries and content accessed through use of the Software Product is the property of the respective content owner and this EULA grants you no rights to use such content.

4. WARRANTY

4.1 We warrant that:

(a) the Software will, when properly used on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documentation;

(b) the Documentation correctly describes the operation of the Software in all material respects.

4.2 The warranty in 4.1 does not apply if:

(a) the defect or fault in the Software results from you having altered or modified a Software Product; or

(b) the defect or fault in the Software results from you having used a Software Product in breach of the terms of this EULA; or

(c) you are using the product on a platform which is not supported by the Product or with specifications which are not appropriate for the Product.

5. TERMINATION

We may terminate this EULA immediately by written notice to you if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so. Upon termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must cease all activities authorized by this EULA; and

(c) you must immediately delete or remove the Software Product from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software Product then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

6. DISCLAIMER

6.1 The Software Product is provided “as is,” and we do not guarantee the functionality of the Software Product or a particular result from the use of the Software Product.

6.2 Neither Orbx, its members, managers, officers, employees, agents, nor its suppliers shall be liable to you for any loss of use, lost or inaccurate data, lost profits, failure of security mechanisms, interruption of business, delays or any direct, indirect, special, incidental, reliance or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance.

6.3 the extent permitted by law, Orbx expressly disclaims any responsibility for the loss or damage, including personal injury or death, resulting from the use of the Software Product.

6.4 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.

6.5 In no event does Orbx authorize you to use the Software Product in applications or systems where the Software Product's failure to perform can reasonably be expected to result in a physical injury, or in loss or endangerment of life. Any such use by you is entirely at your own risk, and you agree to hold Orbx harmless from any claims or losses relating to such unauthorized use.

6.6 The above disclaimers do not exclude or limit in any way our liability to you where it would be unlawful to do so.

6.7 You acknowledge that the Software Product has not been developed to meet your individual requirements or your technical set up, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.

7. INDEMNITY

You agree to defend, indemnify, and hold us, our members, managers, officers, employees and agents harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this EULA or your uploading of, access to, or use or misuse of the Software Product.

8. COMMUNICATIONS BETWEEN US

8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by email to [email protected]. We will confirm receipt of this by contacting you in writing, normally by email.

8.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.

9. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy, a copy of which is contained on our website. By accepting this EULA, you agree to the terms of our privacy policy.

10. OTHER IMPORTANT TERMS

10.1 We may transfer our rights and obligations under these terms to another organisation. We will use our best endeavors to tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this EULA.

10.2 You may only transfer your rights or your obligations under this EULA to another person if we agree in writing.

10.3 Each of the paragraphs of this EULA operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.4 If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10.5 This EULA constitutes the entire statement of the agreement between you and us on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This EULA shall be governed by the laws of New South Wales, Australia.

Microsoft Flight Simulator is a © copyrighted trademark of Microsoft Corporation.
Prepar3D is a ® registered trademark of Lockheed Martin Corporation.
X-Plane is a ® registered trademark of Laminar Research.
Aerofly FS is a ® registered trademark of IPACS GmbH.
Digital Combat Simulator, or DCS, is a ® registered trademark of Eagle Dynamics SA.

ORBS

Orbx runs a reward program that allows customers to earn and redeem in-game points(“Orbs”) through activities and specific products. Orbx and Volanta customers can accumulate Orbs through product purchases, Volanta Premium subscriptions and completing other challenges. Orbs can be used to purchase Orbx products from a selected list which will rotate in the Orbs Store on a regular basis.

By signing up for an Orbx and/or a Volanta account, you automatically enrol in the Orbs program, and acknowledge and agree to these Terms and Conditions. These Terms and Conditions are part of the Orbs program and it is important that you understand them fully. We reserve the right to change, suspend or discontinue these terms and conditions and the Orbs program at any time, without notice, although we will endeavour to notify you of any changes or modifications to the program with sufficient notice.

To the extent permitted by law, we will not be liable for any cause or consequence in connection with your Orbx account or use of Orbs.

What are Orbs?
Orbs are similar to loyalty points, and are earned by Orbx and Volanta users. They cannot be redeemed for cash.
How do I register to become an Orbs member and does it cost anything?
Joining is free and there are no fees to participate in the program. By becoming an Orbx or Volanta user, you automatically enrol in the Orbs program.
How do I earn Orbs?
Orbs can be earned in the following ways:
- With the purchase of any product in the OrbxDirect store using real world currency.
- Subscribing to Volanta Premium will also award Orbs and provide bonus monthly/yearly Orbs as an added benefit for an ongoing subscription.
- Capturing Aerocaches and completing challenges within Volanta.
- Certain competitions.
- Other ways which we may devise from time to time.
Orbs cannot be used (at this stage) for:
- Gifting products to other users
- Applying discounts to product purchases.
- Using them instead of cash at the checkout.
- Some selected products.
I have been an Orbx customer for a long time. Do I get any bonus?
All accounts existing prior to the rollout of the Orbs system have been credited with an amount of “Starting Orbs.” Orbx and Volanta users can accumulate additional Orbs through product purchases, Volanta Premium subscriptions and completing flight challenges.
At what rate will I collect Orbs?
The amount of Orbs earned varies depending on products purchased or type of challenge completed. It will be clear when you look at a product or are about to enter a challenge the amount of Orbs you will earn.
When will Orbs points be credited to my account?
Each user account will be provided with an Orbs balance appearing next to their account username and a starting balance of Orbs. Users will immediately be able to spend their Orbs on the Orbs Store. Orbs are consequently deducted following the successful purchase of a product on the Orbs Store.

Your Orbs balance will appear next to your account username, once logged into your Orbx and Volanta account.
What if I use a different email on my Volanta or Orbx account?
Please contact our support team who will be able to assist you in merging your Orbs accounts together.
Do Orbs expire?
Yes, Orbs expire on a 12-month rolling period.
Is there a maximum number of Orbs I can earn?
No.
Can I share my Orbs points?
Orbs points cannot be transferred from one account to another.
Who do I contact if I have a query?
If you have any queries regarding the Orbs program, please contact us. You can do this by contacting us via our Support team page of our Website.