AIRBUS A320 3D COCKPIT SOFTWARE & USAGE LICENSE

BEWEEEN
    Airlinetools GmbH, Walzmühlestrasse 48, CH-8500 Frauenfeld
AND
**CUSTOMER**

The software and documentation accompanying this License („3D A320 Cockpit") are licensed, not sold, to you by Airlinetools GmbH Switzerland (collectively referred to as "AT") for use only under the terms of this License, and AT reserves any rights not expressly granted to you. The rights granted are limited to AT's and its licensors' intellectual property rights in the Software and do not include any other patents or intellectual property rights. You own the media on which the Software is recorded or fixed, but AT and its licensors retain ownership of the Software itself.

If you received a trial version of the „3D A320 Cockpit“ for your limited evaluation, it is provided "AS IS" and without warranty of any kind. The other terms below apply to both the trial and full versions of the „3D A320 Cockpit“.

License.

(a) General License. You may install and use only one copy of the „3D A320 Cockpit“ on up to three computers at a time per license.

(b) Backup, Portable and Home Rights. You may make one copy of the „3D A320 Cockpit“ in machine readable form solely for backup purposes. Additionally, the primary user of the computer on which the „3D A320 Cockpit“ is installed may make a second copy for his or her exclusive use on either a home or portable computer. As an express condition of this License, you must reproduce on each copy any copyright notice and other proprietary notices that are on the original copy supplied by AT.

(c) 3D Printout: The „3D A320 Cockpit“ may be used for 3D printouts of any scale. The printed parts may be used for for personal use or the construction of a real 1:1 scale cockpit.

(d) Upgrades & Updates. If the „3D A320 Cockpit“ is licensed as an upgrade or update, then you may only use the „3D A320 Cockpit“ to replace a validly licensed version of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).

(e) Flight Training School or Education. If the „3D A320 Cockpit“ is licensed at an education discount, then the Software may only be used by enrolled students, faculty, teachers and administrators at an accredited Flight Training Facility (or FTO) or higher education institution exclusively for educational purposes.

Restrictions.

„3D A320 Cockpit“ consists of accurate 3D files of all Airbus A32x cockpit components, which must not be sold to other parties without approval from AT in advance. Any violation that occurs in this sense, will result in legal action 

Any violation of the prohibitions and limitations contained in these paragraphs shall be deemed infringement of intellectual property rights owned by Airlinetools GmbH Switzerland, and will, result in legal action to effect and may be pursued by the latter through the exercise of administrative, civil or criminal, if any, apply.


Other Limitations. YOU MAY NOT REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE, EXCEPT AND ONLY TO THE EXTENT EXPRESSLY PERMITTED BY APPLICABLE LAW. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF EXECPT FOR PERSONAL USE TO BUILD 1:1 3D COCKPIT.

Restricted Uses. The 3D files and parts must not be used to develop a software or game or simulation, where these files are used for real time cockpit display. It is not allowed to develop software for any platform (iOS, Mac, Windows, Android asf.) that will make use of parts or the whole 3D cockpit in whatever format that is derived from our original 3D format.

Transfer Restriction. YOU MAY NOT TRANSFER OR ASSIGN YOUR RIGHTS UNDER THIS LICENSE TO ANOTHER PARTY WITHOUT AT'S PRIOR WRITTEN CONSENT.


Termination.
This License is effective until terminated. This License will terminate automatically without notice from AT or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the „3D cockpit files“, all accompanying written materials and all copies thereof, and Sections 5, 6, and 8 will survive any termination or cancellation of this License.

Export Law Assurances.
You may not use or otherwise export or reexport the Software except as authorized by Swiss law and the laws of the jurisdiction in which the Software was obtained.

Limited Warranty.
AT warrants for a period of ninety (90) days from your date of purchase that the Software as provided by AT will perform substantially in accordance with the accompanying documentation. AT's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at AT's option, replacement of the Software, refund of the purchase price or repair or replacement of the Software which is returned to AT or an AT authorized representative with a copy of the receipt.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY AT AND AT AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER COLLATERALLY, BY STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. AT DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AT OR AN AT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION 5 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY AT'S NEGLIGENCE.

Exclusion and Limitation of Remedies and Damages.
Exclusion. IN NO EVENT WILL AT, ITS PARENT, SUBSIDIARIES, OR ANY OF ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) OR DIRECT LOSS OF BUSINESS, BUSINESS PROFITS OR REVENUE, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM (WHETHER UNDER CONTRACT, NEGLIGENCE OR OTHER TORT OR UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) AND EVEN IF AT OR A AT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Limitation. AT'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY CAUSE WHATSOEVER NOT EXCLUDED BY SECTION 6(a) ABOVE HOWSOEVER CAUSED (WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) WILL BE LIMITED TO THE GREATER OF U.S.$5.00 OR THE MONEY PAID FOR THE SOFTWARE THAT CAUSED THE DAMAGES. THE PARTIES AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SURVIVE THE FAILURE OF ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY. THIS LIMITATION WILL NOT APPLY IN CASE OF DEATH OR PERSONAL INJURY CAUSED BY AT'S NEGLIGENCE ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION OF LIABILITY IN THIS SECTION 6 MAY NOT APPLY TO YOU. NOTHING IN THIS LICENSE AFFECTS OR PREJUDICES THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS.

Consent to Use of Data.
You agree that AT and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the AT Software and to verify compliance with the terms of this License. AT may also use aggregate information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. At all times information will be treated in accordance with Airlinetool‘s Privacy Policy, which is incorporated by reference into this License and can be viewed at: www.airlinetools.com/legal/

General.
If there is a local subsidiary of AT in the country in which this License was purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of California. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980), as amended, is specifically excluded from application to this License. This License constitutes the entire agreement between the parties with respect to the Software licensed under these terms, and it supersedes all prior or contemporaneous agreement, arrangement and understanding regarding such subject matter. You acknowledge and agree that you have not relied on any representations made by AT, however, nothing in this License shall limit or exclude liability for any representation made fraudulently. No amendment to or modification of this License will be binding unless in writing and signed by AT. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. No failure or delay by AT in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial exercise of any right or remedy of AT shall operate as a waiver or preclude any other or further exercise of that or any other right or remedy.

Third Party Acknowledgements.
Portions of the Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the Software if applicable, or may otherwise accompany such material, and your use of such material is governed by their respective terms.


Frauenfeld,  *** current date ***


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