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END USER LICENSE AGREEMENT
The FlyInside Software is for personal, non-commercial use only. This copy of FlyInside Software, and accompanying documentation, is licensed and not sold. The FlyInside Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. FlyInside Inc, or its subsidiaries, affiliates, and suppliers (collectively "FlyInside ") own intellectual property rights in the FlyInside Software. The Licensee's ("you" or "your") license to download, use, copy, or change the FlyInside Software is subject to these rights and to all the terms and conditions of this End User License Agreement ("EULA").
This EULA applies to the FlyInside Software provided by FlyInside, and defined below.
BY CLICKING THE “ACCEPT” OPTION OR BY DOWNLOADING, INSTALLING, COPYING, OR USING THE FLYINSIDE SOFTWARE, YOU ACCEPT AND ARE BOUND BY ALL OF THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, YOU MUST SELECT "DECLINE," AND MUST NOT INSTALL, USE, OR COPY THE FLYINSIDE SOFTWARE. BY ACCEPTING THIS EULA, YOU ALSO ACCEPT AND ASSENT TO THE FLYINSIDE PRIVACY POLICY LOCATED AT https://flyinside-fsx.com/PrivacyPolicy. BY DOWNLOADING THIS SOFTWARE, YOU ALSO AGREE TO RECEIVE NOTICES FROM FLYINSIDE ELECTRONICALLY, AND AGREE .
1. Definitions
a. "Documentation" means the user documentation regarding the FlyInside Software available on FlyInside’s Web Site or otherwise provided by FlyInside.
b. "FlyInside Software" means the executable code version of the software downloadable at https://flyinside-fsx.com/Download, associated software, Upgrades, Updates, Documentation, and any associated online services provided by FlyInside or its suppliers.
c. “FlyInside Web Site” means the web site accessed at: https://flyinside-fsx.com/.
d. "Update" means a revision to the FlyInside Software designated by a change in the version number to the right of the decimal place.
e. "Upgrade" means a revision to the FlyInside Software designated by a change in the version number to the left of the decimal place.
2. License Grant
a. A Licensee may download free trial versions of the FlyInside Software. When Licensee has created an account and paid the license fee, the Licensee may download, access and use all features of the FlyInside Software. Subject to the terms and conditions of this EULA, FlyInside grants Licensee a non-exclusive, and non-transferable license to install and use a up to three copies of the FlyInside Software solely for Licensee’s own personal use on up to three computers.
3. Upgrades and Updates. In its discretion, FlyInside may make Updates or Upgrades available for the FlyInside Software. FlyInside may, in its discretion, provide any Updates or Upgrades subject to its then current forms of end user license agreement, which may contain additional or different terms. This license does not entitle Licensee to Updates or Upgrades.
4. Restrictions on Use.
Licensee may not:
(a) modify or create any derivative works, including but not limited to translations, of the FlyInside Software or Documentation, include the FlyInside Software in a commercial product, or alter any files or libraries in any portion of the FlyInside Software;
(b) copy any part of the FlyInside Software except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium; and with the exception of a single archival copy which must be stored on a medium other than a computer hard drive;
(c) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the, or (b) defeat, bypass, or otherwise circumvent any software protection mechanisms in the FlyInside Software (except to the extent applicable laws specifically prohibit such restriction);
(d) attempt to access or use the additional features of the purchased versions of the FlyInside Software if Licensee has not paid the applicable license;
(e) share your user name and password for use by others, assign your rights, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer the FlyInside Software without the prior written permission of FlyInside;
(f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the FlyInside Software. The FlyInside Software may not be used for any revenue generating or broadcast activities or for creation of any physical or electronic media or content for distribution or sale.
5. Responsibility for Copyright Content. Licensee alone is responsible for ensuring that any audio or video content that is played or displayed on the FlyInside Software is properly obtained, licensed and used under copyright and all other applicable law. Licensee agrees not to use the FlyInside Software to reproduce, display, perform, or distribute audio and/or video content in any manner that violates any U.S. or foreign laws or any third party rights.
6. Payment. Pricing for the FlyInside Software is found at: https://flyinside-fsx.com/Download, and the applicable payment must be made prior to downloading the FlyInside Software.
7. Consent to Electronic Notice. If for any purpose under this EULA, you provide FyInside with your email address, you agree to receive all notices and communications (“Electronic Notice”) from FlyInside in electronic form at such email address. Delivery of any Electronic Notice from FlyInside is effective when sent, regardless of whether you actually receive or read the Electronic Notice. If you have provided your email address and do not wish to consent to receiving Electronic Notices from FlyInside, you must uninstall and discontinue all use of the FlyInside Software. You can update your email address by using the features on the FlyInside Web Site for managing your user account.
8. Ownership. The FlyInside Software is protected by copyright and other intellectual property laws and by international treaties. No ownership rights are granted by this EULA. FlyInside may use in any manner and without limitation all comments, suggestions, complaints and other feedback that Licensee provides relating to the FlyInside. All rights not expressly granted to Licensee are reserved to FlyInside and its suppliers.
9. Indemnification. Licensee agrees to indemnify, hold harmless, and at FlyInside's request, to defend FlyInside and its suppliers from any and all costs, damages and reasonable attorneys' fees resulting from any breach of this EULA or any allegation or claim that Licensee's use of the FlyInside Software has violated any right of any third party or violated any law.
10. Termination. Should Licensee breach this EULA, Licensee's right to use the FlyInside Software will terminate automatically without notice. The respective rights and obligations of FlyInside and Licensee under the following provisions will survive termination: 4 (Restrictions on Use), 5 (Responsibility for Copyright Content), 9 (Consent to Electronic Notice), 10 (Ownership), 11 (Indemnification), 12 (Termination), 13 (Disclaimer of Warranty), 14 (Limitation of Liability), 18 (Third Party Services or Products) and 19 (Miscellaneous). Upon termination, Licensee will delete all copies of the FlyInside Software.
11. Disclaimer of Warranty. THE FLYINSIDE SOFTWARE IS PROVIDED "AS IS." FLYINSIDE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE REMAINS WITH YOU.
FLYINSIDE MAKES NO WARRANTY THAT THE FLYINSIDE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. FLYINSIDE MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. FLYINSIDE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLYINSIDE OR ITS DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS OR SUPPLIERS (“FLYINSIDE PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF FLYINSIDE OR ANY OTHER PARTY, EVEN IF FLYINSIDE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. THE FLYINSIDE PARTIES’ ENTIRE LIABILITY WILL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE, REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR SOFTWARE PRODUCT, AT FLYINSIDE’S DISCRETION. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS FLYINSIDE INC'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
The FlyInside Parties will not be liable for any claims or damages arising out of: (i) content provided by Licensee or a third party that is accessed through or used with the FlyInside Software and/or any material linked to or through such content; or (ii) the use of third party plug-ins (even if made available on FlyInside’s Web Site).
Notwithstanding the foregoing, FlyInside, at its option, may repair, replace, provide work arounds, or deactivate an End User account and refund the purchase price, in the event the FlyInside Software does not meet End User requirements.
13. Export Controls. Licensee agrees to comply with all export and import laws and restrictions and regulations of the United States or any foreign nation, and not to export, re-export or import the FlyInside Software in violation of any such restrictions, laws or regulations.
14. Injunctive Relief. Licensee acknowledges and agrees that, notwithstanding any other provisions of this EULA, any breach or threatened breach of this EULA by Licensee will cause FlyInside irreparable damage for which recovery of money damages would be inadequate and that FlyInside therefore may obtain timely injunctive relief to protect its rights under this EULA in addition to any and all other remedies available at law or in equity.
15. U.S. Government Users. The FlyInside Software is a "commercial item," as that term is defined in 48 CFR 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 CFR 12.212 and 48 CFR 227.7202. Consistent with applicable laws and regulations, all U.S. Government users acquire the FlyInside Software with only those rights as set forth herein.
16. Miscellaneous
a. Licensee represents and warrants that Licensee has carefully read and understands the effect of this EULA; that Licensee has been advised to obtain the assistance of legal counsel in reviewing the terms of this agreement; that Licensee is not relying upon any representation understanding or agreement not expressly set forth herein; and that Licensee has all required legal capacity to enter into this EULA as a binding agreement.
b. This EULA is subject to the law of the State of New York. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Licensee agrees that the exclusive jurisdiction and venue for any claim or dispute relating to or arising out of this EULA or its subject matter will be in the federal and state courts located in the Northern District of New York and Licensee consents to the personal jurisdiction in such courts.
c. If any provision in this EULA should be held illegal or unenforceable, such unenforceability shall not affect the enforceability of any other term or terms hereof. Any term of this EULA which is prohibited or which is held to be void or unenforceable, shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
d. A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
e. Licensee may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein. FlyInside may assign this EULA to any entity at its sole discretion. This EULA will be binding upon and will inure to the benefit of the parties, their heirs, legal representatives, successors and permitted assigns.
f. Neither party will be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
g. This EULA constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of FlyInside.
The FlyInside Software is for personal, non-commercial use only. This copy of FlyInside Software, and accompanying documentation, is licensed and not sold. The FlyInside Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. FlyInside Inc, or its subsidiaries, affiliates, and suppliers (collectively "FlyInside ") own intellectual property rights in the FlyInside Software. The Licensee's ("you" or "your") license to download, use, copy, or change the FlyInside Software is subject to these rights and to all the terms and conditions of this End User License Agreement ("EULA").
This EULA applies to the FlyInside Software provided by FlyInside, and defined below.
BY CLICKING THE “ACCEPT” OPTION OR BY DOWNLOADING, INSTALLING, COPYING, OR USING THE FLYINSIDE SOFTWARE, YOU ACCEPT AND ARE BOUND BY ALL OF THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, YOU MUST SELECT "DECLINE," AND MUST NOT INSTALL, USE, OR COPY THE FLYINSIDE SOFTWARE. BY ACCEPTING THIS EULA, YOU ALSO ACCEPT AND ASSENT TO THE FLYINSIDE PRIVACY POLICY LOCATED AT https://flyinside-fsx.com/PrivacyPolicy. BY DOWNLOADING THIS SOFTWARE, YOU ALSO AGREE TO RECEIVE NOTICES FROM FLYINSIDE ELECTRONICALLY, AND AGREE .
1. Definitions
a. "Documentation" means the user documentation regarding the FlyInside Software available on FlyInside’s Web Site or otherwise provided by FlyInside.
b. "FlyInside Software" means the executable code version of the software downloadable at https://flyinside-fsx.com/Download, associated software, Upgrades, Updates, Documentation, and any associated online services provided by FlyInside or its suppliers.
c. “FlyInside Web Site” means the web site accessed at: https://flyinside-fsx.com/.
d. "Update" means a revision to the FlyInside Software designated by a change in the version number to the right of the decimal place.
e. "Upgrade" means a revision to the FlyInside Software designated by a change in the version number to the left of the decimal place.
2. License Grant
a. A Licensee may download free trial versions of the FlyInside Software. When Licensee has created an account and paid the license fee, the Licensee may download, access and use all features of the FlyInside Software. Subject to the terms and conditions of this EULA, FlyInside grants Licensee a non-exclusive, and non-transferable license to install and use a up to three copies of the FlyInside Software solely for Licensee’s own personal use on up to three computers.
3. Upgrades and Updates. In its discretion, FlyInside may make Updates or Upgrades available for the FlyInside Software. FlyInside may, in its discretion, provide any Updates or Upgrades subject to its then current forms of end user license agreement, which may contain additional or different terms. This license does not entitle Licensee to Updates or Upgrades.
4. Restrictions on Use.
Licensee may not:
(a) modify or create any derivative works, including but not limited to translations, of the FlyInside Software or Documentation, include the FlyInside Software in a commercial product, or alter any files or libraries in any portion of the FlyInside Software;
(b) copy any part of the FlyInside Software except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium; and with the exception of a single archival copy which must be stored on a medium other than a computer hard drive;
(c) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the, or (b) defeat, bypass, or otherwise circumvent any software protection mechanisms in the FlyInside Software (except to the extent applicable laws specifically prohibit such restriction);
(d) attempt to access or use the additional features of the purchased versions of the FlyInside Software if Licensee has not paid the applicable license;
(e) share your user name and password for use by others, assign your rights, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer the FlyInside Software without the prior written permission of FlyInside;
(f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the FlyInside Software. The FlyInside Software may not be used for any revenue generating or broadcast activities or for creation of any physical or electronic media or content for distribution or sale.
5. Responsibility for Copyright Content. Licensee alone is responsible for ensuring that any audio or video content that is played or displayed on the FlyInside Software is properly obtained, licensed and used under copyright and all other applicable law. Licensee agrees not to use the FlyInside Software to reproduce, display, perform, or distribute audio and/or video content in any manner that violates any U.S. or foreign laws or any third party rights.
6. Payment. Pricing for the FlyInside Software is found at: https://flyinside-fsx.com/Download, and the applicable payment must be made prior to downloading the FlyInside Software.
7. Consent to Electronic Notice. If for any purpose under this EULA, you provide FyInside with your email address, you agree to receive all notices and communications (“Electronic Notice”) from FlyInside in electronic form at such email address. Delivery of any Electronic Notice from FlyInside is effective when sent, regardless of whether you actually receive or read the Electronic Notice. If you have provided your email address and do not wish to consent to receiving Electronic Notices from FlyInside, you must uninstall and discontinue all use of the FlyInside Software. You can update your email address by using the features on the FlyInside Web Site for managing your user account.
8. Ownership. The FlyInside Software is protected by copyright and other intellectual property laws and by international treaties. No ownership rights are granted by this EULA. FlyInside may use in any manner and without limitation all comments, suggestions, complaints and other feedback that Licensee provides relating to the FlyInside. All rights not expressly granted to Licensee are reserved to FlyInside and its suppliers.
9. Indemnification. Licensee agrees to indemnify, hold harmless, and at FlyInside's request, to defend FlyInside and its suppliers from any and all costs, damages and reasonable attorneys' fees resulting from any breach of this EULA or any allegation or claim that Licensee's use of the FlyInside Software has violated any right of any third party or violated any law.
10. Termination. Should Licensee breach this EULA, Licensee's right to use the FlyInside Software will terminate automatically without notice. The respective rights and obligations of FlyInside and Licensee under the following provisions will survive termination: 4 (Restrictions on Use), 5 (Responsibility for Copyright Content), 9 (Consent to Electronic Notice), 10 (Ownership), 11 (Indemnification), 12 (Termination), 13 (Disclaimer of Warranty), 14 (Limitation of Liability), 18 (Third Party Services or Products) and 19 (Miscellaneous). Upon termination, Licensee will delete all copies of the FlyInside Software.
11. Disclaimer of Warranty. THE FLYINSIDE SOFTWARE IS PROVIDED "AS IS." FLYINSIDE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE REMAINS WITH YOU.
FLYINSIDE MAKES NO WARRANTY THAT THE FLYINSIDE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. FLYINSIDE MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. FLYINSIDE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLYINSIDE OR ITS DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS OR SUPPLIERS (“FLYINSIDE PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF FLYINSIDE OR ANY OTHER PARTY, EVEN IF FLYINSIDE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. THE FLYINSIDE PARTIES’ ENTIRE LIABILITY WILL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE, REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR SOFTWARE PRODUCT, AT FLYINSIDE’S DISCRETION. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS FLYINSIDE INC'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
The FlyInside Parties will not be liable for any claims or damages arising out of: (i) content provided by Licensee or a third party that is accessed through or used with the FlyInside Software and/or any material linked to or through such content; or (ii) the use of third party plug-ins (even if made available on FlyInside’s Web Site).
Notwithstanding the foregoing, FlyInside, at its option, may repair, replace, provide work arounds, or deactivate an End User account and refund the purchase price, in the event the FlyInside Software does not meet End User requirements.
13. Export Controls. Licensee agrees to comply with all export and import laws and restrictions and regulations of the United States or any foreign nation, and not to export, re-export or import the FlyInside Software in violation of any such restrictions, laws or regulations.
14. Injunctive Relief. Licensee acknowledges and agrees that, notwithstanding any other provisions of this EULA, any breach or threatened breach of this EULA by Licensee will cause FlyInside irreparable damage for which recovery of money damages would be inadequate and that FlyInside therefore may obtain timely injunctive relief to protect its rights under this EULA in addition to any and all other remedies available at law or in equity.
15. U.S. Government Users. The FlyInside Software is a "commercial item," as that term is defined in 48 CFR 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 CFR 12.212 and 48 CFR 227.7202. Consistent with applicable laws and regulations, all U.S. Government users acquire the FlyInside Software with only those rights as set forth herein.
16. Miscellaneous
a. Licensee represents and warrants that Licensee has carefully read and understands the effect of this EULA; that Licensee has been advised to obtain the assistance of legal counsel in reviewing the terms of this agreement; that Licensee is not relying upon any representation understanding or agreement not expressly set forth herein; and that Licensee has all required legal capacity to enter into this EULA as a binding agreement.
b. This EULA is subject to the law of the State of New York. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Licensee agrees that the exclusive jurisdiction and venue for any claim or dispute relating to or arising out of this EULA or its subject matter will be in the federal and state courts located in the Northern District of New York and Licensee consents to the personal jurisdiction in such courts.
c. If any provision in this EULA should be held illegal or unenforceable, such unenforceability shall not affect the enforceability of any other term or terms hereof. Any term of this EULA which is prohibited or which is held to be void or unenforceable, shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
d. A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
e. Licensee may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein. FlyInside may assign this EULA to any entity at its sole discretion. This EULA will be binding upon and will inure to the benefit of the parties, their heirs, legal representatives, successors and permitted assigns.
f. Neither party will be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
g. This EULA constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of FlyInside.