www.codelegend.com/idealflight/eula

Ideal Flight
End User Licence Agreement

Ideal Flight 10 - End User Licence Agreement


IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE
INSTALLING, COPYING, USING OR OTHERWISE ACCESSING 
THE SOFTWARE: BY INSTALLING, COPYING, USING OR 
OTHERWISE ACCESSING THIS SOFTWARE YOU AGREE TO THE 
TERMS OF THIS AGREEMENT WHICH WILL BIND YOU.  IF YOU 
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL 
NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST NOT 
INSTALL, COPY, USE OR OTHERWISE ACCESS THE SOFTWARE.


Notice: Ideal Flight 10 has been designed for use with Microsoft ® Flight
Simulator X.  Operating systems required are Windows XP, Windows Vista, 
or later.


1.	Agreement
This is a Software licence agreement (“Agreement”) between you (the 
“Licensee”) and Aidata Limited, having its registered office at The Mews, 
St. Nicholas Lane, Lewes, East Sussex BN7 2JZ, England (“Aidata”).


2. 	Definition
“Software” means all of the software items and materials supplied in this 
package, any copy thereof and any related documentation and registration 
codes and any updates or modifications thereto which are subsequently 
supplied to or downloaded by you.


3.	Licence

3.1.	In consideration of you agreeing to abide by the terms of this
Agreement, Aidata hereby grants to you a non-exclusive, non-
transferable, non-sub-licensable limited licence to use the 
Software on the terms set out herein. 

3.2.	The Software (excluding the Ideal Flight 10 >augmented
Expansion Pack (“>augmented”)) operates in two distinct modes:

3.2.1.	The unregistered mode is restricted and, in this mode,
when the Software is started, you will be prompted to 
enter your name and registration code. Also, if you try to 
use functions that are restricted, you will be shown a text 
box advising that this feature is available only with a 
registered copy. Approximately ten flights are allowed in 
unregistered mode. Further flights cannot be made and the 
Software must be uninstalled from the system. The 
Software can be installed any number of times. The 
licence for the unregistered mode is free.

3.2.2.	The registered mode is unrestricted. To obtain a licence
for the registered mode, you must pay the appropriate 
licence fee (see website for relevant details) to Aidata. 
You will then receive a registration code to unlock the 
Software and you will have access to all the features. 

3.2.3.   >augmented does not operate in restricted, unregistered
mode. It is only available in registered mode. To obtain a 
licence for >augmented you must pay the appropriate 
licence fee (see website for relevant details) to Aidata. 
You will then receive a registration code to unlock 
>augmented and you will have access to all the features.
	Unless stated otherwise, all terms in this Agreement apply to both 
the registered and unregistered modes.

3.3.	A licence for the Software must be obtained for each installation
of Microsoft ® Flight Simulator X that has the Software installed 
as an add-on.

3.4.	By installing, copying, using or otherwise accessing the Software,
you agree to be bound by the terms of this Agreement.    

3.5.	You may: (i) install, copy, use or otherwise access the Software
for your personal, non-commercial use only; and (ii) make a copy 
of the Software only where such copying is incidental to normal 
use of the Software or where it is necessary for the purpose of 
back-up or operational security.

3.6.	An on-line authentication procedure will be used to verify use of
the Software.

3.7.	The Software shall only be used with Microsoft ® Flight
Simulator X, and for entertainment purposes only. It shall not be 
used for any other activities, including educational, training, or 
professional use.

3.8.	The Software is provided to be used with Microsoft ® Flight
Simulator X in a simulated environment only. It shall not be used 
in any real world scenario. No reliance should be placed on any 
results, data or other information obtained from using the 
Software.


4.	Licensee's undertakings

4.1.	Except as expressly set out in this Agreement, you undertake:

4.1.1.	subject to clause 3.5(ii) above, not to copy the Software;

4.1.2.	not to sell, rent, sublicence, lend, assign, lease, or resell
the Software, or distribute the Software, or publish the 
Software for others to copy, or publicise or distribute any 
registration code algorithms, information, or registration 
codes used by or in the Software;

4.1.3.	not to make alterations to, or modifications of, the whole
or any part of the Software and not to disassemble, de-
compile, reverse engineer or create derivative works based 
on the whole or any part of the Software; and

4.1.4.	not to use the Software in any way that is unlawful,
illegal, fraudulent or harmful, or in connection with any 
unlawful, illegal, fraudulent or harmful purpose or 
activity.

4.2.	Without prejudice to our other rights under this Agreement, if you
breach the terms of this Agreement in any way, we may take such 
action as we deem appropriate to deal with the breach including, 
without limitation, reporting such breach to the relevant 
authorities and/or bringing court proceedings against you.


5.	Intellectual property rights

5.1.	You acknowledge that all intellectual property rights in the
Software throughout the world belong to Aidata, that rights in the 
Software are licensed (not sold) to you, and that you have no 
rights in, or to, the Software other than the right to use the 
Software in accordance with the terms of this Agreement.  For the 
avoidance of doubt: (i) the Software is a copyright work 
belonging to Aidata, with all rights reserved. You must treat the 
Software like any other copyrighted material. Ideal Flight 10 
registration codes are copyright Aidata with all rights reserved; 
and (ii) IDEAL FLIGHT(TM) is an unregistered trademark of 
Aidata. 

5.2.	You acknowledge that you have no right to have access to the
Software in source code form or in unlocked coding or with 
comments.  No title or rights of ownership, copyright or any other 
intellectual property in the Software, including all upgrades, 
modifications, new versions and releases of the Software, is or 
will be transferred to the Licensee hereby. Aidata retains and 
reserves its copyright, title, interest, moral rights and all other 
intellectual property rights in the Software. Title and related rights 
in the content accessed through the Software is the property of the 
applicable content owner and is protected by applicable law. 

5.3.	>augmented comes with the NavDataPro dataset by Aerosoft.

5.4.	All other trademarks are either trademarks or registered
trademarks of their respective owners.


6.	Licensor's liability

6.1.	You acknowledge that the Software has not been developed to
meet your individual requirements and that it is therefore your 
responsibility to ensure that the facilities and functions of the 
Software as described in the accompanying documentation meet 
your requirements.  Aidata gives no warranty that the Software, or 
the server that makes it available, will be free from infection, 
viruses or destructive code. Aidata shall not be liable for any loss, 
damage or liability caused by hacking (illegal or unauthorised 
access to a file or network), viruses or other technologically 
harmful material that may infect your computer equipment, 
computer programs, data or other proprietary material due to you 
installing, copying, using or otherwise accessing the Software and 
related items, or any products or services derived therefrom, even 
if Aidata knew or should have known about, or had been 
previously advised of the possibility of loss, damage or liability.

6.2.	This Agreement sets out the full extent of Aidata's obligations and
liabilities in respect of the supply of the Software.  Aidata has no 
obligation to provide support, maintenance, upgrades, 
modifications or new releases for the Software or correct any 
defects to the Software; however Aidata reserves the right to make 
improvements, substitutions, modifications or enhancements to 
any part of the Software.

6.3.	THE SOFTWARE IS PROVIDED TO YOU WITHOUT ANY
REPRESENTATIONS, GUARANTEES OR WARRANTIES OF 
ANY KIND. ALL WARRANTIES, REPRESENTATIONS OR 
GUARANTEES, WHETHER EXPRESS, IMPLIED, 
STATUTORY OR OTHERWISE, ARE DISCLAIMED. FOR 
THE AVOIDANCE OF DOUBT, AIDATA DOES NOT 
REPRESENT, WARRANT OR GUARANTEE THAT THE 
SOFTWARE WILL WORK WITHOUT INTERRUPTION OR 
THAT IT IS ERROR-FREE. 

6.4.	AIDATA'S AGGREGATE LIABILITY TO LICENSEE OR TO
ANY THIRD PARTY FOR CLAIMS RELATING TO THIS 
AGREEMENT, WILL BE LIMITED TO THE LICENCE FEE, 
IF ANY, PAID BY LICENSEE FOR THE SOFTWARE EVEN 
IF THE LICENCE FEE DOES NOT FULLY COMPENSATE 
THE LICENSEE OR THIRD PARTY, AS THE CASE MAY BE, 
FOR ANY LOSSES. 

6.5.	IN NO EVENT WILL AIDATA BE LIABLE FOR ANY LOSS,
DAMAGE OR LIABILITY INCLUDING LOSS OR 
CORRUPTION OF DATA OR LOSS OF REVENUE IN 
CONNECTION WITH OR ARISING OUT OF THIS 
AGREEMENT OR FROM INSTALLING, COPYING, USING 
OR OTHERWISE ACCESSING THIS SOFTWARE AND 
RELATED ITEMS, OR ANY PRODUCTS OR SERVICES 
DERIVED THEREFROM, HOWEVER CAUSED, EVEN IF 
AIDATA KNEW OR SHOULD HAVE KNOWN ABOUT, OR 
HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY 
OF THE LOSS, DAMAGE OR LIABILITY.  

6.6.	AIDATA IS NOT RESPONSIBLE FOR THE ACCURACY OF,
OR ANY LOSS, DAMAGE OR LIABILITY ARISING OUT OF 
CONTENT PROVIDED BY A THIRD PARTY THAT IS 
ACCESSED THROUGH THE SOFTWARE AND/OR ANY 
MATERIAL LINKED THROUGH SUCH CONTENT, EVEN IF 
AIDATA KNEW OR SHOULD HAVE KNOWN ABOUT, OR 
HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY 
OF THE LOSS, DAMAGE OR LIABILITY. 

6.7.	AIDATA SHALL NOT BE LIABLE FOR ANY LOSSES OR
DAMAGES BASED ON ANY THIRD PARTY CLAIM.

6.8.	The exclusions in this Clause 6 shall apply to the fullest extent
permissible at law, but Aidata does not exclude liability for:
(a)	death or personal injury caused by the negligence of 
Aidata, its officers, employees, contractors or agents;
(b)	fraud or fraudulent misrepresentation; or
(c)	any other liability which may not be excluded by law.


7.	Indemnity

7.1.	You agree to indemnify, defend and hold Aidata harmless from
any liability, loss, claim and expense (including reasonable legal 
fees) related to (but not limited to) use of the Software, or any 
products or services derived therefrom or your breach of the 
Agreement.

7.2.	For the avoidance of doubt, Aidata shall not be liable for any
claims of a third party to the extent that you  sell, rent, sublicence, 
lend, assign, lease, or resell the Software, or distribute the 
Software, or publish the Software, or publicise or distribute any 
registration code algorithms, information, or registration codes 
used by or in the Software to a third party in breach of the terms 
of this Agreement.


8.	Termination

8.1.	This Agreement will terminate automatically upon the breach by
you of any of its terms or conditions.

8.2.	Upon termination: (i) all rights granted to you under this
Agreement shall cease; (ii) you must cease all activities authorised 
by this Agreement; (iii) you must immediately pay to Aidata any 
sums due to Aidata under this Agreement; and (iv) you must 
immediately delete or remove the Software from all computer 
equipment in your possession and immediately destroy or return 
to Aidata (at Aidata's option) all copies of the Software then in 
your possession, custody or control and, in the case of destruction, 
certify to Aidata that you have done so.

8.3.	Any provision of this Agreement which expressly or by
implication is intended to come into or continue in force on or 
after termination of this Agreement including clauses 4.2, 6, 7, 8, 
9 and 10 shall remain in full force and effect and will continue to
bind you.

8.4.	For the avoidance of doubt, upon termination of this Agreement,
Aidata shall retain and reserve its copyright, title, interest, moral 
rights and all other intellectual property rights in the Software.


9.	Assignment

9.1.	We may assign, transfer, sub-contract or otherwise deal with our
rights and/or obligations under this Agreement without notifying 
you or obtaining your consent.

9.2.	You may not assign, transfer, sub-contract or otherwise deal with
your rights and/or obligations under this Agreement.


10.	Other

10.1.	If Aidata fails, at any time during the term of this Agreement, to
insist on strict performance of any of your obligations under this 
Agreement, or if Aidata fails to exercise any of the rights or 
remedies to which it is entitled under this Agreement, this shall 
not constitute a waiver of such rights or remedies and shall not 
relieve you from compliance with such obligations. A waiver by 
Aidata of any breach shall not constitute a waiver of any 
subsequent breach.  No waiver by Aidata of any of these terms 
and conditions shall be effective unless it is expressly stated to be 
a waiver and is communicated to you by Aidata in writing.

10.2.	If any provision or part-provision of this Agreement is or becomes
invalid, illegal or unenforceable, it shall be deemed modified to 
the minimum extent necessary to make it valid, legal and 
enforceable. If such modification is not possible, the relevant 
provision or part-provision shall be deemed deleted. Any 
modification to or deletion of a provision or part-provision under 
this clause shall not affect the validity and enforceability of the 
rest of this Agreement.

10.3.	This Agreement and any document expressly referred to in it
represents the entire agreement between us in relation to the 
licensing of the Software and supersedes any prior agreement, 
understanding or arrangement between us, whether oral or in 
writing. We each acknowledge that, in entering into this 
Agreement, neither of us has relied on any representation, 
undertaking or promise given by the other or implied from 
anything said or written in negotiations between us before 
entering into this Agreement except as expressly stated in this 
Agreement.  

10.4.	This Agreement shall be governed by and construed in accordance
with the laws of England and Wales and each party submits to the 
exclusive jurisdiction of the courts of England and Wales.