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feelThere END-USER SOFTWARE LICENSE AGREEMENT
This End-User License Agreement ("EULA") pertains to feelThere's Copyrighted computer software (the "Software") in the package containing CD-ROMs, diskettes, associated media, printed materials, electronic distribution files or electronic documentation. Please read the terms and conditions of this End-User License Agreement ("EULA") before installing or using the Software.
This End-User License Agreement ("EULA") is a legally enforceable contract between you ("Customer" or "you") and feelThere. By clicking "I agree", installing, copying, or otherwise using any part of the Software or any associated media, any printed materials, or any "online" or electronic documentation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the unused Software to your supplier for a full refund. (NOTE REFUND EXCEPTION TO DIGITALLY DISTRIBUTED MEDIA BELOW.)
1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
The Software and related documentation is licensed, not sold. Any rights not clearly and expressly granted to you under this EULA are reserved to feelThere. Provided you have paid all applicable fees, registered the Software with feelThere, and otherwise complied with this EULA, feelThere grants you the following personal, non-exclusive, non-transferable, limited rights:
a. Any number of user can install and use the Software within one household.
b. You may use the Software for private entertainment purposes only, and may not use this software to conduct training, aircraft familiarization or other training scenarios without acquiring a commercial support license from feelThere in advance.
c. You may not use this software to maintain currency for any aviation certification requirement or training program. You may not list this software as meeting qualification for any training cycle.
d. You cannot charge non-licensed or licensed owners of this software for use of this software, training in conjunction with this software, or while using this software to demonstrate any technique or process that may be considered training or familiarization.
e. You may not alter, reverse engineer or otherwise modify any portion of this software except as described in this license.
f. You shall not charge non-licensed or licensed owners of this software for use of this software, training in conjunction with this software, or while using this software to demonstrate any technique or process that may be considered training or familiarization.
g. You may not use this software to any other purpose than entertainment and gaming.
2. WARRANTY, REMEDY, AND LIMITATIONS
UNLESS OTHERWISE STATED ABOVE, THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE REMAINS WITH YOU. IN NO EVENT WILL feelThere OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SPECIAL DAMAGES, INCLUDING LOST DATA, LOST REVENUES OR LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. feelThere RESERVES THE RIGHT TO MODIFY THIS DOCUMENT AT ANY TIME WITHOUT OBLIGATION TO NOTIFY ANYONE. IN NO EVENT SHALL feelThere'S OR ITS SUPPLIERS' LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID HEREUNDER BY YOU TO feelThere OR THE SUPPLIER. REFUNDS FOR DIGITALLY DELIVERED SOFTWARE WILL BE MADE ONLY IN ACCORDANCE WITH feelThere POLICY AS STATED ON THE feelThere WEB SITE. REFUND REQUESTS FOR NON DIGITALLY DELIVERED SOFTWARE WILL BE MADE WITH THE RETAILER OR DISTRIBUTOR AND NOT DIRECTLY WITH feelThere.
3 TERMINATION
The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license or other fees. You may terminate this EULA at any time (with no obligation on the part of feelThere) by destroying all copies of the Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software and documentation; and providing satisfactory proof to feelThere that you have done so. The disclaimer of warranty and limitations on liability contained in Section 4 shall continue in force even after your rights to use the Software are terminated.
4 GENERAL/MISCELLANEOUS CLAUSES
This EULA shall be governed by and constructed under the substantive laws applicable to the United States of America. If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect.
5 IN GAME ADVERTISEMENT
By installing the Software the Customer grants explicit permission for FeelThere, Inc to display in game advertisement related to the Software (for example but not limited to available add-ons for the Software). FeelThere does not collect or share any information about the Customer or his computer.
The undersigned agrees that this EULA is entered into at Orange County, California, and further agrees that any legal or equitable dispute brought or arising under this Agreement shall be brought in the State and Federal courts for Orange County, California. This Agreement constitutes the entire Agreement between the undersigned and feelThere about the Software and documentation, and shall not be modified except in a writing signed by feelThere.
This End-User License Agreement ("EULA") pertains to feelThere's Copyrighted computer software (the "Software") in the package containing CD-ROMs, diskettes, associated media, printed materials, electronic distribution files or electronic documentation. Please read the terms and conditions of this End-User License Agreement ("EULA") before installing or using the Software.
This End-User License Agreement ("EULA") is a legally enforceable contract between you ("Customer" or "you") and feelThere. By clicking "I agree", installing, copying, or otherwise using any part of the Software or any associated media, any printed materials, or any "online" or electronic documentation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the unused Software to your supplier for a full refund. (NOTE REFUND EXCEPTION TO DIGITALLY DISTRIBUTED MEDIA BELOW.)
1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
The Software and related documentation is licensed, not sold. Any rights not clearly and expressly granted to you under this EULA are reserved to feelThere. Provided you have paid all applicable fees, registered the Software with feelThere, and otherwise complied with this EULA, feelThere grants you the following personal, non-exclusive, non-transferable, limited rights:
a. Any number of user can install and use the Software within one household.
b. You may use the Software for private entertainment purposes only, and may not use this software to conduct training, aircraft familiarization or other training scenarios without acquiring a commercial support license from feelThere in advance.
c. You may not use this software to maintain currency for any aviation certification requirement or training program. You may not list this software as meeting qualification for any training cycle.
d. You cannot charge non-licensed or licensed owners of this software for use of this software, training in conjunction with this software, or while using this software to demonstrate any technique or process that may be considered training or familiarization.
e. You may not alter, reverse engineer or otherwise modify any portion of this software except as described in this license.
f. You shall not charge non-licensed or licensed owners of this software for use of this software, training in conjunction with this software, or while using this software to demonstrate any technique or process that may be considered training or familiarization.
g. You may not use this software to any other purpose than entertainment and gaming.
2. WARRANTY, REMEDY, AND LIMITATIONS
UNLESS OTHERWISE STATED ABOVE, THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE REMAINS WITH YOU. IN NO EVENT WILL feelThere OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SPECIAL DAMAGES, INCLUDING LOST DATA, LOST REVENUES OR LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. feelThere RESERVES THE RIGHT TO MODIFY THIS DOCUMENT AT ANY TIME WITHOUT OBLIGATION TO NOTIFY ANYONE. IN NO EVENT SHALL feelThere'S OR ITS SUPPLIERS' LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID HEREUNDER BY YOU TO feelThere OR THE SUPPLIER. REFUNDS FOR DIGITALLY DELIVERED SOFTWARE WILL BE MADE ONLY IN ACCORDANCE WITH feelThere POLICY AS STATED ON THE feelThere WEB SITE. REFUND REQUESTS FOR NON DIGITALLY DELIVERED SOFTWARE WILL BE MADE WITH THE RETAILER OR DISTRIBUTOR AND NOT DIRECTLY WITH feelThere.
3 TERMINATION
The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license or other fees. You may terminate this EULA at any time (with no obligation on the part of feelThere) by destroying all copies of the Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software and documentation; and providing satisfactory proof to feelThere that you have done so. The disclaimer of warranty and limitations on liability contained in Section 4 shall continue in force even after your rights to use the Software are terminated.
4 GENERAL/MISCELLANEOUS CLAUSES
This EULA shall be governed by and constructed under the substantive laws applicable to the United States of America. If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect.
5 IN GAME ADVERTISEMENT
By installing the Software the Customer grants explicit permission for FeelThere, Inc to display in game advertisement related to the Software (for example but not limited to available add-ons for the Software). FeelThere does not collect or share any information about the Customer or his computer.
The undersigned agrees that this EULA is entered into at Orange County, California, and further agrees that any legal or equitable dispute brought or arising under this Agreement shall be brought in the State and Federal courts for Orange County, California. This Agreement constitutes the entire Agreement between the undersigned and feelThere about the Software and documentation, and shall not be modified except in a writing signed by feelThere.