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AEROSIM
TECHNOLOGIES SOFTWARE LICENSE AGREEMENT
1. License. If you accept this License, Aerosim Technologies,
Inc. ("Aerosim") hereby licenses to you one electronic copy
of the computer program(s) you are about to install or use and its
related documentation (the "Software"). Aerosim retains
all right, title and interest in and to the Software. That Software
and all parts thereof are the subject matter of various proprietary
rights, including without limitation copyrights, trade secrets, patents
and other similar intellectual and industrial property rights ("Proprietary
Rights").
This License permits a single registered user to access the Software
on a single personal computer terminal or workstation only. No license,
right or interest in any Proprietary Right of Aerosim or any third
party is granted under this License. This license is for individual
non-commercial use of the Software only. Any other uses, copying
or distribution of the Software without prior written consent of
Aerosim are strictly prohibited.
2. Restrictions. You may not attempt to create or derive any of
the source code or other technology or data including lesson scripting
and controls within the Software by disassembly, reverse engineering
or any other method, or otherwise reduce the Software to a human-perceivable
form. You may not modify or translate any part of the Software.
You may not disclose, distribute, in whole or in part, nor transfer,
rent, sell, sublicense, lease or lend the Software without the
express prior written authorization of Aerosim. You agree to take
any and all reasonable actions deemed necessary or desirable to
ensure continued confidentiality and protection of the Licensed
Software and to prevent unauthorized access, disclosure, distribution,
possession, alteration, reproduction, transfer, or use thereof.
You agree to provide notice to Aerosim immediately after learning
of or having reason to suspect a breach of any of the provisions
set forth in this License. The ground reference database of the
Software is derived from Jeppesen Sanderson, Inc. copyrighted information,
Jeppesen NavData. Information and data derived from NavData including
but not limited to computer media, computer files, printouts or
any information content may not be used for any other purpose whatsoever.
3. Termination. This License is effective until terminated. You
may terminate this License at any time by destroying the Software,
and all copies thereof. This License will terminate immediately
without notice from Aerosim if you fail to comply with any provision
of this License. Upon termination, you must destroy the Software.
4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED “AS IS” AND
IS NOT INTENDED FOR ANY FLIGHT PLANNING OR NAVIGATIONAL USE.
AEROSIM WARRANTS THAT THE MEDIA ON WHICH THE SOFTWARE IS DISTRIBUTED
WILL
BE FREE FROM DEFECTS FOR A PERIOD OF FORTY-FIVE (45) DAYS FROM
THE DATE OF DELIVERY OF THE SOFTWARE TO YOU. YOUR SOLE REMEDY
IN THE EVENT OF A BREACH OF THIS WARRANTY WILL BE THAT AEROSIM
WILL,
AT ITS OPTION, REPLACE ANY DEFECTIVE MEDIA RETURNED TO AEROSIM
WITHIN THE WARRANTY PERIOD OR REFUND THE MONEY YOU PAID FOR THE
SOFTWARE. AEROSIM DOES NOT WARRANT THAT THE SOFTWARE WILL MEET
YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR THAT THE SOFTWARE WILL BE ERROR FREE. THIS LIMITED WARRANTY
IS VOID IF FAILURE OF THE MEDIA HAS RESULTED FROM ACCIDENT, ABUSE,
OR MISAPPLICATION. AEROSIM DOES NOT MAKE ANY OTHER REPRESENTATIONS,
EXTEND ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT, NOR
ASSUMES ANY OTHER RESPONSIBILITIES WHATSOEVER WITH RESPECT TO
THE SOFTWARE PROVIDED ABOVE.
5. Limitation of Liability. IT IS EXPRESSLY AGREED THAT AEROSIM
SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH
THE DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE, EVEN IF AEROSIM
HAD BEEN ADVISED, KNOWS OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUES,
FAILURE TO REALIZE EXPECTED SAVINGS, OTHER COMMERCIAL OR ECONOMIC
LOSS OF ANY KIND, OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY.
6. Controlling Law. This License shall be governed by and construed
in accordance with the substantive laws of the State of Minnesota,
notwithstanding the conflicts of law provisions of that state or
any other jurisdiction.
7. Complete Agreement. This License constitutes the entire agreement
between the parties with respect to the use of the Software and
supersedes all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter.
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