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Terms and Conditions of Sale

General

The following terms and conditions govern the sale of products by Xtreme Prototypes, Inc. ("Xtreme Prototypes"). By submitting your order to Xtreme Prototypes, you have indicated your acceptance to be bound by these terms and conditions of sale. These terms and conditions may be changed without prior notice at any time before your order is accepted, at Xtreme Prototypes' sole discretion.

Refer to your product's end-user license agreement ("EULA") for additional or product-specific terms and conditions. You must accept the end-user license agreement before you can download, install and fly your new addon.

Payment Terms

All orders are processed by PayPal®. You can use your PayPal® account or your credit card to pay for your addon. PayPal® will accept credit card payments even if you don't have a PayPal® account. You don't need to create a PayPal® account to make your payment. Xtreme Prototypes does not keep credit card information and does not process orders directly. Everything is done through PayPal®. If your credit card is declined or your payment is rejected by PayPal®, your order will be cancelled. Xtreme Prototypes can cancel orders at any time. After your order is processed by PayPal® and under normal conditions, you will be redirected to Xtreme Prototypes' website where you will be able to download your addon. You will receive your receipt and activation key by email a few minutes after your order is processed, depending on how busy our mail server is, and under normal conditions. You may redownload your addon at any time in the future by logging in to your online account on Xtreme Prototypes' website.

Prices

Prices shown on the Xtreme Prototypes' website do not include taxes (if applicable). We do not charge taxes for orders with physical addresses outside Canada. All prices are in U.S. dollars. If payment is made with a non U.S. currency credit card, the invoice/receipt amount may not reflect the amount on your credit card statement. The price charged for an order will be the price in effect at the time the order is made. Xtreme Prototypes will charge you the U.S. dollar prices that are indicated to you when you place your order, and reserves the right to revise its prices at any time. If you prefer to be charged in another currency, your credit card or PayPal® account will be charged for the equivalent amount of the indicated price in U.S. dollars. The total amount charged will depend on the current exchange rate and any fees your bank or PayPal® may charge. Please refer to the PayPal® website for more information about payment options, currencies, exchange rates and fees.

Return Policy

For obvious reasons, sales of digital goods (software downloads) are final and not refundable. Before purchasing your addon, make sure you can download the software (a high-speed Internet connection is recommended) and that you have the minimum system requirements or better to install and use the product (see "Minimum System Requirements" on the product page for your addon).

Warranty

The software and the accompanying documentation (manuals) are provided "as is" and without warranties as to performance, merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which the software may be used, the user must assume the entire risk of using the software and the information contained in the documentation.

Our addons and manuals are considered edutainment software and shall not be used for real-world flight training.

In no case shall Xtreme Prototypes be liable for any incidental, special or consequential damages or loss, including, without limitation, lost profits or the inability to use equipment or access data, whether such damages are based upon a breach of express or implied warranties, breach of contract, negligence, strict tort, or any other legal theory. This is true even if Xtreme Prototypes is advised of the possibility of such damages. The maximum liability to you for products purchased from Xtreme Prototypes shall be limited to the purchase price you have paid for the products.

The replacement of lost CD-ROMs or downloaded files is not guaranteed. The end user must make backup copies for his/her own personal use in the future. Xtreme Prototypes cannot be responsible for the lost of activation keys or downloaded files and does not guarantee that they will always be available for download.

Software can be discontinued and features, prices and release dates are subject to change without notice.

Technical Support

Xtreme Prototypes may at its sole discretion provide technical support. Technical support is not guaranteed.

Ownership

All products are the property of Xtreme Prototypes. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified.

The end user is responsible for the protection and good use of the software for which he/she obtained a licence. Xtreme Prototypes reserves its right to withdraw an end user his/her rights and privileges to use the software if the licence agreement is not respected, especially in the case of copyright infringement related to unauthorized reproduction and/or distribution over the Internet and/or by any other means.

Limited Usage Granted

You may install each individual product on one main computer and on a second computer (or mobile platform) that belongs to the same user only. You have to purchase additional licenses for the product to be installed on more than two platforms.

Interpretation

These terms and conditions shall be interpreted under and governed by the federal and provincial laws of Canada, without giving effect to conflicts of law rules. Headings used in these terms and conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these terms and conditions.

Arbitration

All dispute, controversy or claim against Xtreme Prototypes arising out of or relating to these terms and conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau (BBB).

The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and Xtreme Prototypes. The arbitration shall be held in any mutually agreed location in person, or by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.

The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorney's fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.

No Modification

Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by Xtreme Prototypes.

These terms and conditions may not be modified, altered or amended without the written agreement of Xtreme Prototypes.

Severability

If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

The terms and conditions stated herein are declared to be severable.

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Terms and Conditions of Sale