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This is a legal agreement between you (either an individual or a single entity) and the Aerosoft GmbH referred as the ("Licensor") for the software product accompanying this agreement.
This agreement includes computer software and may include associated media, printed materials, and "online" or electronic documentation referred as (the "Product").
By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please, do not install, copy, or use the Product.
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This Product is licensed, not sold.
This License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Product.
NO COMMERCIAL USE. This Agreement does not grant you the right to use the Product for any commercial purpose other than your personal use and the decision to enter into a commercial license with Licensor for this Product Commercial purpose includes, but is not limited to, any purpose from which you, an end user of an application developed by you, or another person obtain financial or other consideration and any purpose associated with the operation of a commercial enterprise, even if you do not receive any consideration for that use.
NO TRANSFER, MODIFICATION, OR REPRODUCTION. You may not rent, lease, sell, assign, loan, or otherwise transfer the Product. You may not transfer or assign the rights and obligations set forth in this Agreement without Licensor's written consent. You may not remove or destroy any copyright notices or other proprietary markings. You may not modify or adapt the Product, merge the Product into another program, or create derivative works based on the Product. You may not reproduce or distribute the Product without Licensor's written authorization.
NO REVERSE ENGINEERING. In order to protect the trade secrets and proprietary know-how contained in the Product, you will not decompile, disassemble, or reverse engineer the Product except as expressly permitted by applicable law.
It‘s not allowed to produce or publish movies or images of the software product, if it shows casualties or abnormal driving operations.
THIS SOFTWARE IS PROVIDED 'AS IS' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree and acknowledge that Licensor's liability to you for direct or indirect damages for any cause whatsoever, regardless of the basis of the form of the action, would be limited to the price paid to the Licensor for the Software and in the case of this License no amount was paid for this License and therefore you agree that Licensor shall bear no liability for direct or indirect damages for any cause whatsoever, regardless of the basis of the form of the action.
ENTIRE AGREEMENT: This Agreement sets forth the entire understanding and agreement between you and Licensor, supersedes all prior agreements, whether written or oral, with respect to the Product and subject matter hereof, and may be amended only in a writing signed by both parties.
DATA PROTECTION
Data Protection Declaration Aerosoft GmbH – Rescue HQ – The Tycoon
Many thanks for your interest in the product „ Rescue HQ – The Tycoon “.
This EULA is the basis on which the Aerosoft GmbH provides you (“user” or “you”) the product and on which you can use them. The data protection declaration of Aerosoft GmbH („privacy policy“), which you can find at , is an integral part of this EULA.
By installing or using this product you agree to and accept (1.) this EULA and (2.) the privacy policy as binding. In case you do not agree with either of these documents you shall not install or use this product.
Responsible for data processing according to the European General Data Protection Regulation (GDPR) is
Aerosoft GmbH
Lindberghring 12
D-33142 Büren
Germany
Specific Data Processing
1. Usage of Steam
Using our game required the use of the service “Steam” by the company Valve Corporation, P.O. Box 1688, Bellevue, WA 98004, USA as well as the conclusion of a licence agreement. Valve itself collects personalized data during usage of the service „Steam“ on their own behalf and based on their licence agreement. We cannot access this data. With regard to the data collection and processing by „Steam“ we refer to the licence agreement and data protection declaration of Valve. The data protection declaration of Steam can be seen here //014216.com/privacy_agreement/
SCHEDULE
MODDING TERMS
The Aerosoft GmbH encourages its users to express their creativity and enhance the experience of our games through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, story lines, music and game modes) for use with the Product (“Mod” or “Mods”). In order to protect the Aerosoft GmbH, the Product, any third-party licensors that have licensed intellectual property to the Aerosoft GmbH for use in the Product, and users that create Mods, the following terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.
Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the terms of this Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms. The licence we provide to you to create and use Mods with the Product may be revoked if you breach the Modding Terms.
1. OWNERSHIP
You acknowledge that you shall have no ownership or other proprietary interest in the Product and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of the Aerosoft GmbH and its licensors.
2. LICENCE
Subject to your compliance with the terms and conditions of the EULA and the Modding Terms, the Aerosoft GmbH hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools and any other related tools provided by the Aerosoft Gmbh (“Modding Tools”) solely and exclusively to create Mods for use with the Product and to publish those Mods to the Steam Workshop Modding page for the Product (“Modding Page”), or as updated from time to time, which is owned and operated by Valve. Please visit Valve’s website for more details: //014216.com/ Please note that Valve is a third party platform and this link is provided for your information only. You acknowledge and agree that your use of the Steam platform and the Modding Page is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of this service.
You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement, which means that you may only publish the Mod to the Modding Page. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the EULA (including the Modding Terms) and which may subject you to civil and criminal liability.
In consideration of the above grant of rights, you hereby grant the Aerosoft GmbH, its affiliates and its licensors all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Page in any way the Aerosoft GmbH or its licensors see fit for use with the Product and any other products published by the Aerosoft GmbH. You waive and agree never to assert against the Aerosoft GmbH or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that you may have in or to any Mods.
3. CONTENT RESTRICTIONS
Any element which you include in your Mod must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Page and shall warrant and represent to the Aerosoft GmbH that your Mods do not contain:
1. any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of the Aerosoft GmbH and/or its licensors;
2. any resemblance to any recognizable third-party brand, character or personality, including but not limited to any trademark, logos or third-party assets except for those assets provided to you by the Aerosoft GmbH as necessary for the creation of the Mod for use with the Product;
3. any third-party assets, from other games published by the Aerosoft GmbH and its affiliates or any other third party;
4. any materials which do not comply with any additional instructions provided to you by the Aerosoft GmbH as published on the Modding Page which may be updated by the Aerosoft GmbH from time to time;
5. any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Product.
The Aerosoft GmbH does not pre-vet or monitor any Mods which are uploaded to the Modding Page and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Page. The Aerosoft GmbH reserves the right, in its sole and final discretion, to request that Valve remove any Mods from the Modding Page which violate the content restrictions above. To the maximum extent permitted by applicable law, the Aerosoft GmbH does not assume any responsibility or liability for the Mods or for removal of, Mods or any failure to or delay in removing, such Mods.
4. INDEMNIFICATION
You agree to indemnify, defend and hold the Aerosoft GmbH and its parent companies, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation by you of the terms of the Modding Terms.
5. OUR LIABILITY
WE PROVIDE THE PRODUCT, THE MODDING TOOLS AND ANY MODS ON AN “AS IS”
BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE AEROSOFT GMBH IS TO STOP USING THE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL THE AEROSOFT GMBH AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT, THE MODDING TOOLS AND ANY MODS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE AEROSOFT GMBH AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. TERMINATION
We reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Page at any time for any reason.
If you commit any breach of clauses 2 and 3 of the Modding Terms, the licence to use the Product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to the Aerosoft GmbH to use any Mods which you create and publish to the Modding Page shall survive termination.
Because the Aerosoft GmbH would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that the Aerosoft GmbH shall be entitled to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
7. MISCELLANEOUS
This Agreement represents the complete agreement between you and the Aerosoft GmbH concerning Mods, the Modding Tools and the Modding Page and supersedes all prior agreements and representations, warranties or understandings between you and the Aerosoft GmbH (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
The Aerosoft GmbH reserves the right to amend or modify these terms at any time, in any manner, without any liability to the Aerosoft GmbH and at the Aerosoft GmbH’s sole discretion.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
The Aerosoft GmbH may assign this Agreement, in whole or in part, at any time.
Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without the Aerosoft GmbH’s express prior written consent.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
This agreement includes computer software and may include associated media, printed materials, and "online" or electronic documentation referred as (the "Product").
By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please, do not install, copy, or use the Product.
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This Product is licensed, not sold.
This License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Product.
NO COMMERCIAL USE. This Agreement does not grant you the right to use the Product for any commercial purpose other than your personal use and the decision to enter into a commercial license with Licensor for this Product Commercial purpose includes, but is not limited to, any purpose from which you, an end user of an application developed by you, or another person obtain financial or other consideration and any purpose associated with the operation of a commercial enterprise, even if you do not receive any consideration for that use.
NO TRANSFER, MODIFICATION, OR REPRODUCTION. You may not rent, lease, sell, assign, loan, or otherwise transfer the Product. You may not transfer or assign the rights and obligations set forth in this Agreement without Licensor's written consent. You may not remove or destroy any copyright notices or other proprietary markings. You may not modify or adapt the Product, merge the Product into another program, or create derivative works based on the Product. You may not reproduce or distribute the Product without Licensor's written authorization.
NO REVERSE ENGINEERING. In order to protect the trade secrets and proprietary know-how contained in the Product, you will not decompile, disassemble, or reverse engineer the Product except as expressly permitted by applicable law.
It‘s not allowed to produce or publish movies or images of the software product, if it shows casualties or abnormal driving operations.
THIS SOFTWARE IS PROVIDED 'AS IS' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree and acknowledge that Licensor's liability to you for direct or indirect damages for any cause whatsoever, regardless of the basis of the form of the action, would be limited to the price paid to the Licensor for the Software and in the case of this License no amount was paid for this License and therefore you agree that Licensor shall bear no liability for direct or indirect damages for any cause whatsoever, regardless of the basis of the form of the action.
ENTIRE AGREEMENT: This Agreement sets forth the entire understanding and agreement between you and Licensor, supersedes all prior agreements, whether written or oral, with respect to the Product and subject matter hereof, and may be amended only in a writing signed by both parties.
DATA PROTECTION
Data Protection Declaration Aerosoft GmbH – Rescue HQ – The Tycoon
Many thanks for your interest in the product „ Rescue HQ – The Tycoon “.
This EULA is the basis on which the Aerosoft GmbH provides you (“user” or “you”) the product and on which you can use them. The data protection declaration of Aerosoft GmbH („privacy policy“), which you can find at , is an integral part of this EULA.
By installing or using this product you agree to and accept (1.) this EULA and (2.) the privacy policy as binding. In case you do not agree with either of these documents you shall not install or use this product.
Responsible for data processing according to the European General Data Protection Regulation (GDPR) is
Aerosoft GmbH
Lindberghring 12
D-33142 Büren
Germany
Specific Data Processing
1. Usage of Steam
Using our game required the use of the service “Steam” by the company Valve Corporation, P.O. Box 1688, Bellevue, WA 98004, USA as well as the conclusion of a licence agreement. Valve itself collects personalized data during usage of the service „Steam“ on their own behalf and based on their licence agreement. We cannot access this data. With regard to the data collection and processing by „Steam“ we refer to the licence agreement and data protection declaration of Valve. The data protection declaration of Steam can be seen here //014216.com/privacy_agreement/
SCHEDULE
MODDING TERMS
The Aerosoft GmbH encourages its users to express their creativity and enhance the experience of our games through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, story lines, music and game modes) for use with the Product (“Mod” or “Mods”). In order to protect the Aerosoft GmbH, the Product, any third-party licensors that have licensed intellectual property to the Aerosoft GmbH for use in the Product, and users that create Mods, the following terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.
Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the terms of this Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms. The licence we provide to you to create and use Mods with the Product may be revoked if you breach the Modding Terms.
1. OWNERSHIP
You acknowledge that you shall have no ownership or other proprietary interest in the Product and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of the Aerosoft GmbH and its licensors.
2. LICENCE
Subject to your compliance with the terms and conditions of the EULA and the Modding Terms, the Aerosoft GmbH hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools and any other related tools provided by the Aerosoft Gmbh (“Modding Tools”) solely and exclusively to create Mods for use with the Product and to publish those Mods to the Steam Workshop Modding page for the Product (“Modding Page”), or as updated from time to time, which is owned and operated by Valve. Please visit Valve’s website for more details: //014216.com/ Please note that Valve is a third party platform and this link is provided for your information only. You acknowledge and agree that your use of the Steam platform and the Modding Page is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of this service.
You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement, which means that you may only publish the Mod to the Modding Page. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the EULA (including the Modding Terms) and which may subject you to civil and criminal liability.
In consideration of the above grant of rights, you hereby grant the Aerosoft GmbH, its affiliates and its licensors all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Page in any way the Aerosoft GmbH or its licensors see fit for use with the Product and any other products published by the Aerosoft GmbH. You waive and agree never to assert against the Aerosoft GmbH or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that you may have in or to any Mods.
3. CONTENT RESTRICTIONS
Any element which you include in your Mod must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Page and shall warrant and represent to the Aerosoft GmbH that your Mods do not contain:
1. any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of the Aerosoft GmbH and/or its licensors;
2. any resemblance to any recognizable third-party brand, character or personality, including but not limited to any trademark, logos or third-party assets except for those assets provided to you by the Aerosoft GmbH as necessary for the creation of the Mod for use with the Product;
3. any third-party assets, from other games published by the Aerosoft GmbH and its affiliates or any other third party;
4. any materials which do not comply with any additional instructions provided to you by the Aerosoft GmbH as published on the Modding Page which may be updated by the Aerosoft GmbH from time to time;
5. any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Product.
The Aerosoft GmbH does not pre-vet or monitor any Mods which are uploaded to the Modding Page and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Page. The Aerosoft GmbH reserves the right, in its sole and final discretion, to request that Valve remove any Mods from the Modding Page which violate the content restrictions above. To the maximum extent permitted by applicable law, the Aerosoft GmbH does not assume any responsibility or liability for the Mods or for removal of, Mods or any failure to or delay in removing, such Mods.
4. INDEMNIFICATION
You agree to indemnify, defend and hold the Aerosoft GmbH and its parent companies, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation by you of the terms of the Modding Terms.
5. OUR LIABILITY
WE PROVIDE THE PRODUCT, THE MODDING TOOLS AND ANY MODS ON AN “AS IS”
BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE AEROSOFT GMBH IS TO STOP USING THE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL THE AEROSOFT GMBH AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT, THE MODDING TOOLS AND ANY MODS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE AEROSOFT GMBH AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. TERMINATION
We reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Page at any time for any reason.
If you commit any breach of clauses 2 and 3 of the Modding Terms, the licence to use the Product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to the Aerosoft GmbH to use any Mods which you create and publish to the Modding Page shall survive termination.
Because the Aerosoft GmbH would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that the Aerosoft GmbH shall be entitled to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
7. MISCELLANEOUS
This Agreement represents the complete agreement between you and the Aerosoft GmbH concerning Mods, the Modding Tools and the Modding Page and supersedes all prior agreements and representations, warranties or understandings between you and the Aerosoft GmbH (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
The Aerosoft GmbH reserves the right to amend or modify these terms at any time, in any manner, without any liability to the Aerosoft GmbH and at the Aerosoft GmbH’s sole discretion.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
The Aerosoft GmbH may assign this Agreement, in whole or in part, at any time.
Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without the Aerosoft GmbH’s express prior written consent.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.