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This is a legal agreement between you (either an individual or a single entity) and 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 - Fernbus Simulator
Many thanks for your interest in the product „Fernbus Simulator“.
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 https://www.aerosoft.com/en/data-protection-declaration, 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
privacy@aerosoft.com
Specific Data Processing
1. Denuvo
In the following we will indicate 1) which user data will be processed by Denuvo for securing this product, 2) for how long they will be stored and 3) to which parties they will be transmitted.
1) First of all it shall be noted that only such data that is required to secure the product and therefore fulfil the contractual obligations will be collected. This includes the following data:
Furthermore a hash of technical details of the hardware in use will be created to make sure the product is solely accessed by the licence user. This hash does not contain personalised data and cannot be decrypted. Information within this hash are therefore completely anonymous.
2) The aforementioned data will only be processed for as long as is required to secure the product in accordance with the contractual agreements. These data will be deleted after the existing contract has expired or after any limitation periods due to compensation and/or warranty have expired, unless Denuvo is bound by law to longer retention.
3)For processing the aforementioned data of you as licence user as well as for fulfilling its contractual obligations, Denuvo makes use of the server infrastructure of their contract processor Amazon Web Services Inc., 410 Terry Avenue North, Seattle WA 98109, USA (subsequently “AWS”). AWS has established a high level of security and appropriate technical and organisational measures to make sure any data processing happens solely in accordance with data protection regulations by the EU. In particular AWS is certified according to the most recent security standards like ISO 27001, SOC 1/2/3 and PCI DSS Level 1.
The aforementioned data of the licence user will be transmitted to servers within the EU as well as, partially, to servers outside the EU, but only to servers in the US in this case. This data transmission to the USA is permitted according to the new EU General Data Protection Regulation as per the EU-US Privacy Shield. AWS is certified according to the EU-US Privacy Shield. The valid certificate can be seen here: https://www.privacyshield.gov/participant?id=a2zt0000000TOWQAA4
2. laut.fm
When using the DLC Fernbus Simulator - Multimedia Package, the following personalised data will be collected by the streaming platform laut.fm for means of advertisement and appropriate, needs-based configuration of technical services of laut.fm:
The data protection declaration of laut.fm can be seen here https://laut.fm/pages/terms_and_conditions
3. Usage of GameAnalytics
When using the product, personalized data will be collected by GameAnalytics for the purpose of marketing and improvement of the game. The data protection declaration of GameAnalytics can be seen here https://gameanalytics.com/privacy
4. Usage of Anzu
When using the product, personal user data is collected by Anzu for marketing and promotional purposes. You can view Anzu's privacy policy here https://www.anzu.io/privacy-policy/
5 Usage of Sentry
When using the product, personal user data will be collected by Sentry for the purpose of improving the SOFTWARE PRODUCT. You can view Sentry's privacy policy here https://sentry.io/privacy/ | https://sentry.io/legal/dpa/
6. 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 personalised 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 https://store.steampowered.com/privacy_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 - Fernbus Simulator
Many thanks for your interest in the product „Fernbus Simulator“.
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 https://www.aerosoft.com/en/data-protection-declaration, 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
privacy@aerosoft.com
Specific Data Processing
1. Denuvo
In the following we will indicate 1) which user data will be processed by Denuvo for securing this product, 2) for how long they will be stored and 3) to which parties they will be transmitted.
1) First of all it shall be noted that only such data that is required to secure the product and therefore fulfil the contractual obligations will be collected. This includes the following data:
- A possible User ID
- The IP address
- The date of access
- The country code of the IP address
- Name of a possible drive
- Language of the OS
Furthermore a hash of technical details of the hardware in use will be created to make sure the product is solely accessed by the licence user. This hash does not contain personalised data and cannot be decrypted. Information within this hash are therefore completely anonymous.
2) The aforementioned data will only be processed for as long as is required to secure the product in accordance with the contractual agreements. These data will be deleted after the existing contract has expired or after any limitation periods due to compensation and/or warranty have expired, unless Denuvo is bound by law to longer retention.
3)For processing the aforementioned data of you as licence user as well as for fulfilling its contractual obligations, Denuvo makes use of the server infrastructure of their contract processor Amazon Web Services Inc., 410 Terry Avenue North, Seattle WA 98109, USA (subsequently “AWS”). AWS has established a high level of security and appropriate technical and organisational measures to make sure any data processing happens solely in accordance with data protection regulations by the EU. In particular AWS is certified according to the most recent security standards like ISO 27001, SOC 1/2/3 and PCI DSS Level 1.
The aforementioned data of the licence user will be transmitted to servers within the EU as well as, partially, to servers outside the EU, but only to servers in the US in this case. This data transmission to the USA is permitted according to the new EU General Data Protection Regulation as per the EU-US Privacy Shield. AWS is certified according to the EU-US Privacy Shield. The valid certificate can be seen here: https://www.privacyshield.gov/participant?id=a2zt0000000TOWQAA4
2. laut.fm
When using the DLC Fernbus Simulator - Multimedia Package, the following personalised data will be collected by the streaming platform laut.fm for means of advertisement and appropriate, needs-based configuration of technical services of laut.fm:
- Date, time of day and time zone at beginning and end of usage
- Data traffic
- IP address of the user
- The kind of utilised service
The data protection declaration of laut.fm can be seen here https://laut.fm/pages/terms_and_conditions
3. Usage of GameAnalytics
When using the product, personalized data will be collected by GameAnalytics for the purpose of marketing and improvement of the game. The data protection declaration of GameAnalytics can be seen here https://gameanalytics.com/privacy
4. Usage of Anzu
When using the product, personal user data is collected by Anzu for marketing and promotional purposes. You can view Anzu's privacy policy here https://www.anzu.io/privacy-policy/
5 Usage of Sentry
When using the product, personal user data will be collected by Sentry for the purpose of improving the SOFTWARE PRODUCT. You can view Sentry's privacy policy here https://sentry.io/privacy/ | https://sentry.io/legal/dpa/
6. 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 personalised 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 https://store.steampowered.com/privacy_agreement/