End User License Agreement for the use of the product (software).
This agreement is about the use of supplements (scenery) - Additional Product - supplier for the computer program Condor Soaring Simulator third parties, concluded between a supplier (provider) Doc.Ing.Miloš Koch, PhD., Based in Brno, Hvězdárenská 8, 616 00 and you , the end user. Acceptance of these license terms authorizes you to use the products defined in Article 1 of this Agreement. Product as defined in Article 1 of this Agreement may be stored on a CD-ROM or DVD medium, sent via electronic mail, downloaded from the Internet, downloaded from servers of the provider or acquired from other sources under the terms and conditions set out below.
Installing the product, you are agreeing to the terms and conditions of this Agreement. If you do not agree with certain provisions of this Agreement, cancel the installation or downloading, or destroy or return the product, the installation media, the accompanying documentation and proof of purchase to the location where you received the product.
YOU AGREE THAT YOUR USE OF OUR PRODUCT IS CONFIRMED THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE THAT YOU bound by its provisions.
1. A product. Products in this Agreement shall mean any supplement, created a supplier, a computer program for Condor Soaring Simulator - www.condorsoaring.com.
2. Installation. Software supplied on CD-ROM or DVD medium, sent via electronic mail, downloaded from the Internet, downloaded from the server vendor or acquired from other sources, requires instalaci.Product must install properly configured on your computer meets the minimum requirements outlined in the documentation supplied with the product or on www.condorworld.eu. The installation method is described in the documentation. On the computer kterýProdukt installed must be installed legal software Condor Soaring Simulator on the last edition.
3. License. Assuming that you have agreed with this Agreement, the Provider grants you a non-exclusive and non-transferable right to install the product on your computer hard disk or other similar medium for permanent storage. Licence scenery is linked with license Condor Soaring Simulator - one license scenery can be used for only one license Condor Soaring Simulator.
4. Limitation of rights of the End User. The product may not copy, distribute, separate its parts or create derived versions, with the following exceptions:
a) The product can be installed on all your computers where you have a valid license for Condor Soaring Simulator program. You can also create for yourself one copy on a medium for permanent storage as a backup copy. Creating any other copy or install the product on a different computer than indicated above, is a violation of this agreement.
b) You may not use, modify, translate, reproduce or transfer the right to use a product or a copy of the product other than as expressly stated in this agreement.
c) The product may not sell, sublicense, rent or any other person to take the product to lease from another person or lend the product.
d) You may not reverse engineer, decompile, disassemble or otherwise attempt to obtain source code except to the extent in which such limitation is explicitly prohibited by law.
e) You may not create any derivative works based on the Product.
f) You agree that you will use the product only in a manner consistent with all applicable laws in the legal system in which you use the product, especially in accordance with applicable limitations arising from copyright and other intellectual property rights.
g) You may not use the product obtained as a free trial version or a version contrary to good morals in order to avoid paying the license fee.
Copyright fifth. Software and all rights, especially property rights and intellectual property rights therein, are owned by the author - Provider. These are protected by international treaty provisions and all other applicable laws of the country in which the product is used. The structure, organization and software code are trade secrets and confidential information. The product may not copy, except as provided in Article 4. The letter a). Any copies that you may create hereunder must contain the same copyright notice and proprietary rights, which are listed in the Software. In the event that you are in conflict with the provisions of this Agreement reverse engineer, decompile, disassemble, or to otherwise attempt to obtain source code, the information will be automatically and irrevocably be considered transferred to the Provider and owned by the Provider in full from the moment of their formation. All rights to the Software other than the rights which you as the end user was explicitly granted in this Agreement, Provider reserves for himself.
6. Start and duration of the Agreement. This Agreement is valid and effective from the first day you installed the product. You may terminate this Agreement by permanently delete, destroy, or at their own cost to return the product, all potential backup copies and all related materials that you have obtained from the Provider or its business partners. Your end-user rights automatically and immediately without compensation expire without any notice from the Provider if you fail to comply with any provision of this Agreement. This Agreement is concluded for the use of the Product uživetelem to the completion of sales of products of the provider or the time when it is available FUNCTIONAL version of the Condor Soaring Simulator. Regardless of the method of termination of this Agreement, the provisions of Articles 4, 5, 8, 10, 11, 15 and 16 shall remain in force indefinitely.
7. Termination of the license. If the user excessively frequent downloads and installs the product, or can be installed on a large number of computers, Provider reserves the right to immediately and without compensation, terminate the license.
8. DECLARATION ON END-USER. AS THE END USER YOU ACKNOWLEDGE ŽEProdukt IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE PROVIDER OR ITS LICENSE OR COPYRIGHT HOLDERS MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR GUARANTEES INCLUDING, BUT NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR guarantees that the product does not infringe any PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER THIRD PARTY RIGHTS. THERE IS NO GUARANTEE FROM THE PROVIDER OR ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED's products, WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL unimpeded and flawless, ASSUME FULL RESPONSIBILITY AND RISK FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS TO BE OBTAINED BY THE PRODUCT.
9. This Agreement does not create the Provider except for the obligations specifically set out in this Agreement are no other commitments.
10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, OR ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS, INCOME OR SALE, OR FOR ANY LOSS OF DATA OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FOR PROPERTY DAMAGE FOR PERSONAL iNJURY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY Causing, REGARDLESS OF WHETHER RESULTING FROM THE AGREEMENT, INTENTIONAL VENUE, NEGLIGENCE OR OTHER FACT, ESTABLISHING THE ESTABLISHMENT OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE PROVIDER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY allowing LIMITATION OF LIABILITY, THE LIABILITY TO ITS EMPLOYEES OR LICENSORS BE LIMITED TO THE PRICE PAID BY YOU FOR THE LICENSE.
11. Nothing in this Agreement shall affect the rights of parties, which the law recognizes the rights and position of the consumer. Provider in its own name and its licensors held to rejection, exclusion or limitation commitments, responsibilities and guarantees, as stated in Article 13., but other than that for any other purpose or in any other cases.
12. Support. The Provider shall ensure technical support for the latest version of the Product. The end user has the duration of licenses the right to use the following services:
a) Technical assistance. Help and support in solving problems and troubleshooting while using the most recent version of the Product Provider. Requirements for the help and support can be delivered to your email provider or internal system messages from www.condorworld.eu requests for help and support must be sufficiently certain and must contain data enabling to replicate the reported problem. If necessary, the End User is obliged to provide necessary assistance in solving the issue announced.
b) Update. They include every new subversion or change the product or its components, which poskytneí provider on their website or on the websites of its business partners. Note: For each product version number and subversion, for example 3.1 The new version (3) The product requires a new license, subversion (1) are provided for free.
13. Change of End User. The end user can transfer the license and all rights hereunder to another end user only with the consent of the Provider and in case if new end user declares that it assumes all rights and obligations, which under this Agreement, the original end user.
14. Data on end users and protection of rights. You as an end user authorizes service providers to transmit, process and store information that enables you to identify - registration and product activation.
15th Governing Law. This Agreement shall be governed by and shall be construed in accordance with Czech law. End-user and Provider agreed that conflicting regulation of decisive law and the UN Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that the solution to any disputes or claims arising from this Agreement or the Provider disputes and claims related to the use of the Software is respective District Court and expressly consent to the exercise of jurisdiction by that court.
16th General provisions. In the event that any provision of this Agreement is void and unenforceable, it will not affect the validity of the remaining provisions of this Agreement. They shall remain valid and enforceable according to its terms.
Valid from September 1, 2012