Terms and Conditions

FINAL APPROACH SIMULATIONS LICENSE AGREEMENT

This is a legal agreement between you (either an individual or a single entity) and Final Approach Simulations 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, do not install, copy, or use the Product.

Since the products are downloadable, all sales are final. There will be no refunds.

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.

INSTALLATION INTO LOCKHEED MARTIN CORPORATION’s, PREPAR3D®:

Use of this software in LOCKHEED MARTIN PREPAR3D® is subject to terms and limitations of the Lockheed Martin, PREPAR3D® end user license agreement. User of this software assumes all liability for failure to use the software in compliance with the Locheed Martin end user agreements limitations and restrictions.
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.

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.