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Commercial Use Licence Agreement

Unless superseded by the inclusion of a Product Specific End-User License Agreement (hereafter referred to as EULA), this EULA applies to all IRIS Flight Simulation Software products used for commercial purposes.

Commercial End User Licence Agreement (EULA)

COMMERCIAL END-USER LICENSE AGREEMENT FOR IRIS FLIGHT SIMULATION SOFTWARE PRODUCTS.

IMPORTANT — PLEASE READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an business or incorporation) “THE LICENSEE” and Mr David Love-Brice t/as IRIS Flight Simulation Software “IRIS SIMULATIONS” for the IRIS Flight Simulation Software product/s identified in appendix 1. This includes computer software and associated media and “online” or electronic documentation (“SOFTWARE PRODUCT”). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT which may be provided to you by IRIS Simulations. By accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is sold as a single user license and no ownership is transferred, only the right to use the license software. The SOFTWARE PRODUCT may not be re-distributed, sold for non-profit or profit or subscription fees, repackaged, delivered on CD or DVD media or any other form of electronic media by any other persons or party, website, organization or entity, other than the official e-commerce seller website(s) as contracted or authorized by IRIS SIMULATIONS.

Grant of Licence

This EULA grants you the following rights:

a. THE LICENSEE may install, access, and run a SINGLE copy of the SOFTWARE PRODUCT on a SINGLE personal computer for your commercial, for-profit use in perpetuity from the time the licence fee has been paid to IRIS SIMULATIONS or its authorised reseller.

b. This SOFTWARE PRODUCT is for commercial purposes only and may not be used for personal entertainment or private use on any other devices other than the intended-use SINGLE SIMULATOR DEVICE.

This SOFTWARE PRODUCT is not part of any formal approved training program under the standards of any aviation regulatory agency or body worldwide, whether private or government. If the LICENSEE wishes to use the SOFTWARE for training then it is the responsibility of the LICENSEE to obtain the relevant certification for the SINGLE SIMULATOR DEVICE which uses the SOFTWARE.

c. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its original component parts created by or licenced to IRIS SIMULATIONS may not be separated, reverse engineered, removed or imported into any other program other than the platform for which it is sold.

d. Trademarks. This EULA does not grant THE LICENSEE any rights in connection with any trademarks or service marks of IRIS SIMULATIONS or those licenced to IRIS SIMULATIONS as part of the SOFTWARE PRODUCT.

e. Rental. The LICENSEE may rent the SOFTWARE PRODUCT only in the context of its use as installed on the SINGLE SIMULATOR DEVICE. The LICENSEE may charge admission, tuition or other fees for any SINGLE SIMULATOR DEVICE, either for entertainment or training which is authorized by this EULA for use of the SOFTWARE PRODUCT therein.

f. Support Services. This SOFTWARE PRODUCT is provided “as is”; however IRIS SIMULATIONS will provide provision of support services in relation to the operation, installation or remedy of issues arising to the use of the SOFTWARE at its official support website at www.irissimulations.com.au.  IRIS SIMULATIONS reserves the rights to decline support if THE LICENSEE is found to have breached the terms and conditions of this EULA or is shown to have an illegal copy of the software in their possession.

g. Termination. Without prejudice to any other rights, IRIS SIMULATIONS may terminate this EULA if THE LICENSEE fails to comply with the terms and conditions of this EULA. In such event, THE LICENSEE must destroy all copies of the SOFTWARE PRODUCT and all of its component parts and ensure the removal of the content from all installed devices.

Copyright

All title and copyrights in and to the original created components of the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE PRODUCT), the accompanying online documentation materials, and any copies of the SOFTWARE PRODUCT are owned by IRIS SIMULATIONS or its suppliers.

All title and intellectual property rights in and to additional third party libraries and content (which are used under the terms of those components’ distribution) which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. This SOFTWARE PRODUCT contains documentation which is provided only in electronic form, and you may print multiple copies of such electronic documentation.

Legal Jurisdiction

This EULA is governed by the laws of the State of Victoria, Australia.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IRIS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF IRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Artistic Work

All IRIS Flight Simulation products are artistic representations inspired by their real world counterparts. Unless otherwise indicated, IRIS Simulations and its products are not affiliated, endorsed or otherwise linked with the real world manufacturers of the aircraft depicted on our website.

“Flight Simulator X” is a trademark of Microsoft Corporation and is used in media for descriptive purposes only.
“Prepar3D” is a trademark of Lockheed Martin Corporation and is used in media for descriptive purposes only.

Privacy

IRIS Simulations shares no private information with third parties at any time unless when specifically required to do so by law.