End-User Software License Agreement for Xtreme Prototypes Software Products
This End-User Software License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Xtreme Prototypes, Inc. (“Xtreme Prototypes”) for the purchased software product, which includes computer software and may also include associated media and printed materials, and may include online or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Xtreme Prototypes.
By installing, copying, downloading, using, 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 download, install or 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 licensed, not sold.
The SOFTWARE PRODUCT is neither freeware nor shareware and is subject to the terms of use specified in this EULA.
PERSONAL ACTIVATION KEY
At the time of purchase of your license, you were issued a personal activation key to install the SOFTWARE PRODUCT on your computer. Your activation key is unique, personal, non-transferable and traceable.
GRANT OF LICENSE
This EULA grants you the following rights:
Software - You may install and use one copy of the SOFTWARE PRODUCT on a single computer at a time and only by one user at a time, for personal, noncommercial use. The primary user of the computer on which the SOFTWARE PRODUCT is installed may make a second copy for his or her exclusive and personal noncommercial use on a second computer.
Concurrent Use - A license for the SOFTWARE PRODUCT may not be used concurrently on different computers.
Storage/Network Use - If not prevented by copy protection technology, you may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
Reservation of Rights - All rights not expressly granted are reserved by Xtreme Prototypes. All other uses that fall outside the scope of the EULA must receive the prior written permission of Xtreme Prototypes.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Entertainment or Educational Use Only - This SOFTWARE PRODUCT is for edutainment purposes only and shall not be used for formal training.
Limitations on Reverse Engineering, Decompilation and Disassembly - You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.
Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer or with other products or applications.
Rental and Lending - You may not lend, rent or lease the SOFTWARE PRODUCT.
Distribution and Sale - Unauthorized sale and/or distribution of the SOFTWARE PRODUCT by any mean, including but not limited to the Internet and/or physical media, is prohibited.
File Sharing - File sharing of the SOFTWARE PRODUCT by any mean is prohibited. You may not upload or download illegal copies of the SOFTWARE PRODUCT.
Software Transfer - You may not transfer your rights under this EULA to another user. Your activation key is unique, personal, non-transferable and traceable.
Modification of Configuration Files - You may modify the configuration files located in the SOFTWARE PRODUCT’s “airplanes”, “panel”, “model” and “sound” folders for your own private experimentation and use as long as the modified files are kept on your computer. You may not sell or otherwise distribute or transfer the modified configuration files or make them part of another product or application.
Modification of Aircraft Textures - You may modify or repaint the aircraft textures included with the SOFTWARE PRODUCT with a paint program. You may not sell the modified textures or make them part of another product or application. However, you may post your own repaints on the Internet for the benefit of other registered users, provided that your name, the original SOFTWARE PRODUCT name and the nature of the modification (a short description) are mentioned.
Modifications to Gauges and Special Effects - You may modify the XML code and the bitmaps included with the SOFTWARE PRODUCT’s gauges and special visual effects for your own private experimentation and use as long as the modified gauges and effects are kept on your computer. You may not sell or otherwise distribute or transfer the modified gauges and/or effects or make them part of another product or application. However, you may post images of the aircraft with the modified gauges and/or special visual effects on the Internet or elsewhere, provided that your name, the original SOFTWARE PRODUCT name and the nature of the modification (a short description) are mentioned.
Sound Module and Sound Effects - The SOFTWARE PRODUCT includes a sound module and a number of sound effects that are used under license from third parties. They are considered integral part of the SOFTWARE PRODUCT and may not be separated for use with other products or applications.
Dual Media Software - You may receive the SOFTWARE PRODUCT in more than one medium, including but not limited to files downloaded from the Internet. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not run the other medium on another COMPUTER. You may not sell, loan, rent, lease, or otherwise transfer the other medium to another user.
Digital Rights Management and Copy Protection - The SOFTWARE PRODUCT may employ digital rights management ("DRM") and/or copy protection technology, including the use of unique and traceable activation keys, to prevent the unauthorized use and/or copying of the SOFTWARE PRODUCT. It is illegal to make unauthorized copies of the SOFTWARE PRODUCT, to make an activation key public or to circumvent any DRM and/or copy protection technology employed in the SOFTWARE PRODUCT.
Upgrades and Patches - If the SOFTWARE PRODUCT is an upgrade or patch, you must be properly licensed to use the original SOFTWARE PRODUCT in order to install and use the SOFTWARE PRODUCT upgrade or patch. A SOFTWARE PRODUCT labeled as an upgrade or patch 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. If the SOFTWARE PRODUCT is an upgrade or patch of a component of a software package sold as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer or with other products or applications.
Electronic Documentation - The electronic documentation included with the SOFTWARE PRODUCT is to be used only in conjunction with the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and the documentation are licensed as a single product and may not be separated. No part of the documentation may be reproduced or distributed in any form or by any means without the written permission of Xtreme Prototypes.
Online Help System (Online Manual) – The SOFTWARE PRODUCT may be provided with an online help system (or online manual) on Xtreme Prototypes’ website. The online manual for the SOFTWARE PRODUCT is to be used in conjunction with the SOFTWARE PRODUCT only. The SOFTWARE PRODUCT and the online manual are licensed as a single product and may not be separated. No part of the online manual may be reproduced or distributed in any form or by any means without the written permission of Xtreme Prototypes.
Software Protection, Good Use and Termination – As an end user, you are responsible for the protection and good use of the SOFTWARE PRODUCT for which you obtained a license under this EULA. Without prejudice to any other rights, Xtreme Prototypes may decide to withdraw your rights and privileges to use the SOFTWARE PRODUCT, close your user account and terminate this EULA if you fail to comply with the terms and conditions of this EULA, especially in the case of copyright infringement related to unauthorized reproduction and/or distribution of the SOFTWARE PRODUCT over the Internet and/or by any other means. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
Minimum System Requirements – You understand that the SOFTWARE PRODUCT is an addon to a third-party simulation platform that is required for the SOFTWARE PRODUCT to be installed and used. The SOFTWARE PRODUCT is not a stand-alone product and cannot be used without the underlying simulation platform. Xtreme Prototypes is not responsible for changes in third-party simulation platforms that would prevent the SOFTWARE PRODUCT from performing or being used, including the discontinuation of such required third-party simulation platform. You acknowledge that your computer system has the minimum system requirements specified in the SOFTWARE PRODUCT’s online documentation for installing and using the SOFTWARE PRODUCT. Xtreme Prototypes is not responsible for the lack of computer system requirements or features that would prevent you from using the SOFTWARE PRODUCT or causing the SOFTWARE PRODUCT to underperform.
Software Download Sales are Final - You understand that the SOFTWARE PRODUCT is available via download only and that for obvious reasons, software download sales are final and not refundable.
Software Replacement and Loss of Activation Key - The replacement of lost downloaded files is not guaranteed. You must make backup copies for your own personal use in the future. Xtreme Prototypes cannot be responsible for the loss of activation keys or downloaded files and does not guarantee that they will always be available for download.
COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, graphics, photographs, animations, video, audio, music, text, 3D models, computer programs, code, and other components incorporated into the SOFTWARE PRODUCT), the accompanying printed, electronic and/or online material, and any copies of the SOFTWARE PRODUCT, are owned by Xtreme Prototypes, except where otherwise noted in the SOFTWARE PRODUCT. All title and intellectual property rights in and to the content 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.
The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may (a) make personal copies of the SOFTWARE PRODUCT solely for backup or archival purposes, and/or (b) install the SOFTWARE PRODUCT on a maximum of two computers, as mentioned above.
No part of the documentation may be reproduced or distributed in any form or by any means without the written permission of Xtreme Prototypes.
No part of the online manual may be reproduced or distributed in any form or by any means without the written permission of Xtreme Prototypes.
The unauthorized reproduction and/or distribution of protected material constitute an infringement to the exclusive right of its holder. This behavior could expose the offender to legal action and to a judgment to pay damages.
INJUNCTIVE RELIEF
The parties agree that if you download, install, distribute or utilize the SOFTWARE PRODUCT or any of its components, including the online manual, in an unauthorized manner, or breach the terms and conditions of this EULA, that such use or breach would have a devastating and serious impact on Xtreme Prototypes’ continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to Xtreme Prototypes. The parties agree that in such event, in addition to Xtreme Prototypes’ right to withdraw your rights and privileges to use the SOFTWARE PRODUCT, to terminate this EULA and to recover damages for a breach of this EULA, Xtreme Prototypes would be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction to prevent you from engaging in any further use of the SOFTWARE PRODUCT or the continued breach of the terms and conditions of this EULA.
JURISDICTION
This EULA is governed by the laws in force in the Province of Québec, Canada, and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Montreal, Québec, Canada.
Should you have any questions concerning this EULA, or if you wish to contact Xtreme Prototypes for any other reason, please use our general contact form.
LIMITED WARRANTY
Xtreme Prototypes warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
No other warranty - To the maximum extent permitted by applicable laws, Xtreme Prototypes provides the SOFTWARE PRODUCT as is and with all faults, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, PEACEFUL ENJOYMENT, PEACEFUL POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS EXCLUSIVELY WITH YOU.
This limited warranty gives you specific legal rights.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XTREME PROTOTYPES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF XTREME PROTOTYPES, AND EVEN IF XTREME PROTOTYPES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CUSTOMER REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Xtreme Prototypes under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S. $1.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
