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 1&2 The Barn, Oldwick, West Stoke Road, Lavant, Chichester, West Sussex, PO18 9AA, 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, using third party e-commerce servers, will be used to register the Software and unlock extended features. 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.