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REGISTERED VERSION: RealFlight(r) R/C Simulator
LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Horizon Hobby, LLC ("Horizon Hobby"). By continuing the installation of this game program, by loading or running the game, or by placing or copying the game program onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the game program and the accompanying items (including all written materials), along with your receipt to the place from where you obtained them for a full refund.
Horizon Hobby SOFTWARE LICENSE
1. Grant of License. Horizon Hobby grants to you the limited right to use one (1) copy of the enclosed or foregoing game program (the "Software") on a single computer. You have no ownership or proprietary rights in or to the Software or the written materials accompanying the Software. For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device. The Software shall be either returned to Horizon Hobby or destroyed when no longer used in accordance with this Agreement, or when the right to use the Software is terminated. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) and that you will not utilize, in any other manner, the Software in violation of any applicable law.
2. Commercial Use is Prohibited. Except as provided in paragraph 5. Herein below in regard to the Software, under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the Software, any data comprising the Software. Neither you nor anyone at your direction shall do any of the following acts (any such acts shall be deemed void and a breach of this Agreement) with regard to the Software, or any portion thereof, such as a screen display or a screenshot:
a. Rent the Software;
b. Sell the Software;
c. Lease or lend the Software;
d. Offer the Software on a pay-per-play basis;
e. Distribute, by electronic means or otherwise, the Software for money or any other consideration; or
f. In any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose.
3. Additional Prohibited Uses. Neither you nor anyone at your direction shall take the following action in regard to the Software, or any portion thereof, such as a screen display or a screenshot:
a. Modify, disassemble, reverse engineer or decompile Software;
b. Translate the Software;
c. Reproduce the Software;
d. Publicly display the Software;
e. Prepare derivative works based upon the Software except Permitted Derivative Works); or
f. Distribute, by electronic means or otherwise, the Software.
4. Use of Other Material is Prohibited. Use, in any manner, of the trademarks, such as RealFlight R/C Simulator (tm) logo, or symbols, art work, images, screen displays or screenshots, sound effects, music, and other such material contained within, generated by or relating to the Software is prohibited.
5. To Receive Permission to Commercially Exploit. If you desire to commercially exploit the Software, you may request a copy of and execute the Commercial Exploitation License Agreement for RealFlight R/C Simulator (the "License") and forward the original License to Horizon Hobby Software at the address noted therein. Please note that Horizon Hobby may refuse your request and not sign the License in Horizon Hobby's sole discretion.
6. Restrictions Apply to Third Parties. The prohibitions and restrictions described herein apply to anyone in possession of the Software and/or Permitted Derivative Works.
7. Copyright. The Software and all copyrights related thereto (including all characters and other images generated by the Software or depicted in the Software) is owned by Horizon Hobby and is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the written materials accompanying the Software. The same restrictions and prohibitions regarding your use of the Software as provided in this Agreement apply to your use of the written materials accompanying the Software. The written materials are owned by Horizon Hobby and are protected by United States copyright laws and international treaties. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement.
8. Limited Warranty. Horizon Hobby warrants that if properly installed and operated on a computer for which it is designed, the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of purchase of the Software. Horizon Hobby's entire liability and your exclusive remedy shall be, at Horizon Hobby's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Horizon Hobby's Limited Warranty. To make a warranty claim, return the Software to Hobby Services at 3002 North Apollo Drive, Suite #1, Champaign, IL 61822 accompanied by proof of purchase, your name, your address, and a statement of defect, or return the Software with the above information to Horizon Hobby. This Limited Warranty is void if failure of the Software has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days from your receipt of the replacement software, whichever is longer. This warranty allocates risks of product failure between Licensee and Horizon Hobby. Horizon Hobby's product pricing reflects this allocation of risk and the limitations of liability contained in this warranty.
9. NO OTHER WARRANTIES. Horizon Hobby DISCLAIMS ALL OTHER WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. Horizon Hobby DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF Horizon Hobby ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF Horizon Hobby. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY Horizon Hobby AND SHOULD NOT BE RELIED UPON.
10. Exclusive Remedies. You agree that your exclusive remedy against Horizon Hobby, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of the purchase price paid or replacement of the Software. This Agreement shall be construed in accordance with and governed by the laws of the State of Oregon. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, Horizon Hobby SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF Horizon Hobby OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by you. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN Horizon Hobby AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN Horizon Hobby AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Horizon Hobby, LLC ("Horizon Hobby"). By continuing the installation of this game program, by loading or running the game, or by placing or copying the game program onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the game program and the accompanying items (including all written materials), along with your receipt to the place from where you obtained them for a full refund.
Horizon Hobby SOFTWARE LICENSE
1. Grant of License. Horizon Hobby grants to you the limited right to use one (1) copy of the enclosed or foregoing game program (the "Software") on a single computer. You have no ownership or proprietary rights in or to the Software or the written materials accompanying the Software. For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device. The Software shall be either returned to Horizon Hobby or destroyed when no longer used in accordance with this Agreement, or when the right to use the Software is terminated. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) and that you will not utilize, in any other manner, the Software in violation of any applicable law.
2. Commercial Use is Prohibited. Except as provided in paragraph 5. Herein below in regard to the Software, under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the Software, any data comprising the Software. Neither you nor anyone at your direction shall do any of the following acts (any such acts shall be deemed void and a breach of this Agreement) with regard to the Software, or any portion thereof, such as a screen display or a screenshot:
a. Rent the Software;
b. Sell the Software;
c. Lease or lend the Software;
d. Offer the Software on a pay-per-play basis;
e. Distribute, by electronic means or otherwise, the Software for money or any other consideration; or
f. In any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose.
3. Additional Prohibited Uses. Neither you nor anyone at your direction shall take the following action in regard to the Software, or any portion thereof, such as a screen display or a screenshot:
a. Modify, disassemble, reverse engineer or decompile Software;
b. Translate the Software;
c. Reproduce the Software;
d. Publicly display the Software;
e. Prepare derivative works based upon the Software except Permitted Derivative Works); or
f. Distribute, by electronic means or otherwise, the Software.
4. Use of Other Material is Prohibited. Use, in any manner, of the trademarks, such as RealFlight R/C Simulator (tm) logo, or symbols, art work, images, screen displays or screenshots, sound effects, music, and other such material contained within, generated by or relating to the Software is prohibited.
5. To Receive Permission to Commercially Exploit. If you desire to commercially exploit the Software, you may request a copy of and execute the Commercial Exploitation License Agreement for RealFlight R/C Simulator (the "License") and forward the original License to Horizon Hobby Software at the address noted therein. Please note that Horizon Hobby may refuse your request and not sign the License in Horizon Hobby's sole discretion.
6. Restrictions Apply to Third Parties. The prohibitions and restrictions described herein apply to anyone in possession of the Software and/or Permitted Derivative Works.
7. Copyright. The Software and all copyrights related thereto (including all characters and other images generated by the Software or depicted in the Software) is owned by Horizon Hobby and is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the written materials accompanying the Software. The same restrictions and prohibitions regarding your use of the Software as provided in this Agreement apply to your use of the written materials accompanying the Software. The written materials are owned by Horizon Hobby and are protected by United States copyright laws and international treaties. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement.
8. Limited Warranty. Horizon Hobby warrants that if properly installed and operated on a computer for which it is designed, the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of purchase of the Software. Horizon Hobby's entire liability and your exclusive remedy shall be, at Horizon Hobby's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Horizon Hobby's Limited Warranty. To make a warranty claim, return the Software to Hobby Services at 3002 North Apollo Drive, Suite #1, Champaign, IL 61822 accompanied by proof of purchase, your name, your address, and a statement of defect, or return the Software with the above information to Horizon Hobby. This Limited Warranty is void if failure of the Software has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days from your receipt of the replacement software, whichever is longer. This warranty allocates risks of product failure between Licensee and Horizon Hobby. Horizon Hobby's product pricing reflects this allocation of risk and the limitations of liability contained in this warranty.
9. NO OTHER WARRANTIES. Horizon Hobby DISCLAIMS ALL OTHER WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. Horizon Hobby DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF Horizon Hobby ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF Horizon Hobby. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY Horizon Hobby AND SHOULD NOT BE RELIED UPON.
10. Exclusive Remedies. You agree that your exclusive remedy against Horizon Hobby, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of the purchase price paid or replacement of the Software. This Agreement shall be construed in accordance with and governed by the laws of the State of Oregon. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, Horizon Hobby SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF Horizon Hobby OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by you. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN Horizon Hobby AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN Horizon Hobby AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.