Flying Dynamics - Software License Agreement

The following is the Flying Dynamics, LLC Software License Agreement for the Flight Trainer. You will be asked to accept this agreement before the Flight Trainer will install.

Software License Agreement

Flying Dynamics Flight Trainer Software

IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Flying Dynamics LLC (referred to herein as “we”, “us”, “our” or with words of similar import) for the Flying Dynamics product ("Software") in which this EULA is contained, which includes computer software and any associated media and printed materials, and may include "online" or electronic documentation. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. You must indicate your agreement to be bound by the terms of this EULA by pressing the “I Agree” button on the Software Product’s installation program. If you do not agree to the terms of this EULA, you must not install or use this Software.

Your use of this Software is conditioned upon compliance with the terms of this EULA.

Limited Nonexclusive Evaluation License

We provide a time limited Evaluation License to give new potential customers the opportunity to evaluate this Software prior to purchasing a full license. The Evaluation License gives you time limited access to the product’s functionality. This limited time interval begins when the Evaluation License is sent to you via email. This time period is specified on the Evaluation License request form. You are only eligible for one Evaluation License of this Software.

By installing this Product and the Evaluation License key, you agree to be bound by the terms of this EULA.

Limited Nonexclusive License

You acknowledge that you are acquiring only a limited nonexclusive license to use the Software (the "License"). We remain the owner of all right, title, and interest in the Software and in any copies of it.

The License permits you to install the Software on more than one computer system, e.g., a desktop computer and a laptop computer as long as they are normally used by the same person at different times, and provided that there is no possibility that the Software will be used on more than one computer system simultaneously; any such simultaneous use requires a separate license for each computer system. Each installation requires its own “Host ID” and specific license key which must be registered individually.

You may make one copy of the Software solely for backup purposes.

You agree not to make nor to permit the making of copies of the Software (including its documentation) except as authorized by this EULA or otherwise authorized in writing by us.

You agree not to engage in nor to permit others to use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the Software except as provided in this EULA. You shall not make the Software available over the Internet or any similar networking technology. You shall not remove any copyright, trademark, or other proprietary notices from the Software or the media which contains the Software.

Any such unauthorized conduct shall result in immediate and automatic termination of this license.

Copyright

The copyright in the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the Software), the accompanying printed materials, and all copies of the Software, is owned by us. United States copyright laws and international treaty provisions protect the Software. You shall not copy the printed materials accompanying the Software.

Upgrades

If the Software is an upgrade, you must be properly licensed to use the product identified by us as being eligible for the upgrade in order to use the Software. A Software upgrade replaces and/or supplements 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.

Support and Maintenance

The Software is provided “as is”. You will not necessarily be provided with enhancements or upgrades to the Software and will be required to pay for all on-going technical support services on a Per Incident Basis at our standard technical support rates.

Limited Warranty

We warrant to you that, for a period of 30 days after delivery of this copy of the Software to you:

1. the physical media on which this copy of the Software is distributed, if any, will be free from defects in materials and workmanship under normal use,

2. the Software will perform substantially in accordance with the printed documentation distributed with it by us, and

3. to the best of our knowledge your use of the unmodified Software in accordance with its printed documentation will not, in and of itself, infringe any third party's copyright, patent, or other intellectual property right.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, OF NONINFRINGEMENT, OF MERCHANT ABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, regardless whether we know or have reason to know of your particular needs.

No employee, agent, dealer, or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

No action for any breach of the above limited warranty may be commenced more than one (1) year following the expiration date of the warranty.

If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS AFTER DELIVERY OF THIS COPY OF THE SOFTWARE TO YOU.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction.

Limited Remedy

Your exclusive remedy in the event of a breach of the foregoing limited warranty, TO THE EXCLUSION OF ALL OTHER REMEDIES, is set forth in this paragraph.

In such event, you shall remove the Software from your computer,; you must send email including a statement that the Software was removed from your computer, the license key and proof of the date on which this copy of the Software was delivered to you, such as a copy of your dated receipt or invoice for this copy. Contact us at licensing@flyingdynamics.com or 650.627.8898 to obtain a return authorization code.

We will, at our option, either

(i) deliver you a replacement copy of the Software or

(ii) refund your license fee in full.

No Incidental or Consequential Damages

Independent of the foregoing provisions, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, regardless whether we know or have reason to know of the possibility of such damages.

Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Your Indemnity to Us

Independent of the foregoing provisions, you agree to defend and indemnify us against, and hold us harmless from, any and all claims, damages, losses, and expenses of any kind arising from or connected with your use of the Software.

Termination

If you materially breach this License Agreement, we may immediately terminate your right to use the Software by notice to you.

You agree that, upon termination of the License, you will destroy all copies of the Software in your possession.

Entire Agreement, etc.

This EULA sets out the entire agreement between you and us concerning the Software and supersedes any and all prior oral or written agreements, negotiations, or other dealings between us concerning the Software.

Only a writing signed by you and us may modify this License Agreement.

In the event of litigation between you and us concerning the Software, the prevailing party in the litigation and the prevailing party in any ancillary disputes (e.g., discovery disputes) will be entitled to reasonable attorneys' fees and expenses from the other party.

This EULA will be governed by the law of the State of California applicable to contracts executed and performed entirely in, and by residents of, that state.

This EULA is effective upon your use of the Software (provided that your acquisition of a copy of the Software was from us or our representative).

2002/12/29 Flying Dynamics, LLC