End-User License Agreement of FAST LLC Software (EULA)

This End-User License Agreement (“EULA”) is a legal agreement between the purchaser (the “Licensee”), which may be an individual, an authorized representative of a company or an authorized agent acting on behalf of a U.S. Government entity, and Flite Advantage Simulation & Training, LLC, (FAST LLC) (the “Licensor”). This EULA governs the Licensee’s acquisition and use of any Flite Advantage Simulation & Training, LLC Software (“Software”) directly from FAST, LLC or if applicable, indirectly through a FAST LLC authorized reseller or distributor (a “Reseller”). A list of authorized resellers and distributors, if applicable, may be found on the fliteadvantage.com Resources Page under the Approved Vendors List (AVL).

Licensee agrees to read this EULA carefully before completing the installation process and using the FAST LLC Software. It provides a license to use the FAST LLC Software and contains warranty information and liability disclaimers.

If Licensee registers for a free trial of the FAST LLC Software, this EULA will also govern that trial. By clicking “accept” or installing and/or using the FAST LLC Software, Licensee confirms their acceptance of the Software and agrees to become bound by the terms of this EULA.

If Licensee is entering into this EULA on behalf of a company or other legal or government entity, Licensee represents that it has the authority to bind such entity and its affiliates to these terms and conditions. If Licensee does not have such authority or if Licensee does not agree with the terms and conditions of this EULA, do not install or use the Software, and Licensee must not accept this EULA.

This EULA shall apply only to the Software supplied by FAST LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any FAST LLC updates, supplements, Internet-based services, additional downloads, and support services for the Software, unless other terms accompany those items on delivery.

By accepting this EULA, Licensee acknowledges that there may be additional agreements or policies that apply to areas such as refunds, support guarantees, or privacy that may not be explicitly mentioned within this agreement. These policies and/or agreements can be found on the fliteadvantage.com Legal Page. Licensee accepts responsibility to locate, understand, and accept those agreements and/or policies prior to accepting this EULA.

License Grant and Restrictions
FAST LLC, the Licensor, hereby grants the Licensee a single, non-transferable, non-exclusive license to use the FAST LLC Software on Licensee’s device in accordance with the terms of this EULA. Licensee is permitted to install, load, and use the FAST LLC Software on one (1) device under Licensee’s control (for example a PC, laptop, mobile phone or tablet). Licensee is responsible for ensuring its device meets the minimum requirements of the FAST LLC Software.

Licensee shall not do or allow to be done, either directly or indirectly, any of the following:

•  Copy. Reproduce, copy, distribute, resell or otherwise use the Software for any such purpose.

•  Reverse Engineer.  Reverse engineer, decompile, disassemble or otherwise reduce the   Software to a human-readable form (e.g., source code).

•  Modify.  Modify, adapt or translate the Software.

•  Publish.  Publish or otherwise disclose the Software for others to copy.

•  Transfer.  Sell, assign, sublicense, rent, lease, lend, subcontract, delegate or otherwise transfer, either in whole or in part, the Software, this EULA, any software key issued by Licensor to Licensee, or any right or obligation of Licensee under this EULA.

•  Transmit or Avoid.  Electronically transmit the Software from one computer to another or over a network, or use the Software in connection with any hardware or software that reduces the number of computers or users that directly access or use the Software, in any manner that would avoid any limitation or restriction in this EULA.

•  Markings.  Alter, remove or obscure any marking or notice, if any, of Licensor’s intellectual property rights included in or on the Software or Documentation.

Intellectual Property and Ownership
FAST LLC SHALL, AT ALL TIMES, RETAIN OWNERSHIP OF THE SOFTWARE AS ORIGINALLY DOWNLOADED BY LICENSEE AND ALL SUBSEQUENT DOWNLOADS OF THE SOFTWARE BY LICENSEE. THE SOFTWARE, AND THE COPYRIGHT, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF WHATEVER NATURE IN THE SOFTWARE, INCLUDING ANY MODIFICATIONS MADE THERETO, ARE AND SHALL REMAIN THE PROPERTY OF FAST LLC.

FAST LLC reserves the right to grant licenses to use the Software to third parties.

In no event shall Licensor be liable for any damages caused by breach of this EULA by Licensee or any of their respective directors, officers, employees, representatives, agents, guests or invitees.

Remedy

•  Exclusive Remedy.  Licensee’s exclusive remedy and Licensor’s entire liability for breach of this EULA shall be limited, at Licensor’s sole discretion, to a replacement of any defective Software or Documentation.

•  Limitations and Exclusions.  In no event shall Licensor be liable for any damages caused by breach of this EULA by Licensee or any of their respective directors, officers, employees, representatives, agents, guests or invitees. Licensor shall not be liable for any indirect, special, incidental, punitive or consequential damages, including without limitation, loss of revenue or profits, loss of data, loss of utilization, business interruption, loss of business or opportunities, regardless of whether Licensor knows of or has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.  Licensor shall not be liable for any damages based on any third party claim.

Licensee Responsibility and Indemnity.

•  Responsibility.  Licensee shall have the sole and exclusive responsibility for: (1) selection of the Software to achieve its and their intended results; (2) the installation of the Software; (3) the use of the Software; (4) the results obtained from the Software; and (5) the selection and use of, and the results obtained from, any other software, devices or services used with the Software.  Licensee shall pay directly or reimburse Licensor for all taxes, assessments, permits and fees which are, or may be in Licensor’s reasonable opinion, levied upon the Licensee’s execution or acceptance of this EULA or use of the Software, exclusive of any income taxes owed by Licensor on its net income.

•  Indemnification.  Licensee shall indemnify and hold Licensor and each of its directors, officers, employees, contractors and agents harmless from and against any and all claims or remedies, suits, actions, liabilities and damages, whether in tort (and whether or not arising from the negligence of licensor), in contract or otherwise, including costs and expenses and attorney’s fees incident thereto, which may be suffered by, accrued against, charged to or recoverable from licensor or any of its directors, officers, employees and agents relating to: (1) Licensee’s breach of this EULA; (2) Licensor’s enforcement of Licensor’s rights under this EULA; (3) injury to or death of any person or loss or damage to property (tangible or intangible) arising from (but not limited to) use of the Software or Documentation, or any products or services derived therefrom; and (4) Use of the Software in combination with other software, devices or services apart from the normal use for which the Software was intended. injury to or death of any person or loss or damage to property (tangible or intangible) arising from (but not limited to) use of the Software or Documentation, or any products or services derived therefrom; and (4) Use of the Software in combination with other software, devices or services apart from the normal use for which the Software was intended.

Termination
This EULA is effective from the date Licensee first uses the Software and shall continue until terminated. You may terminate it at any time upon written notice to FAST LLC, the Licensor.
It will also terminate immediately if Licensee fails to comply with any term of this EULA. Upon such termination, the licenses granted by this EULA will immediately terminate and Licensee agrees to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA.

Governing Law
This EULA, and any dispute arising out of, or in connection with, this EULA, shall be governed by and construed in accordance with the laws of the United States of America.

Disclaimers

THE SOFTWARE AND DOCUMENTATION IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER.  THE SOFTWARE AND DOCUMENTATION IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULT IS WITH THE LICENSEE.  LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL MEET USE REQUIREMENTS OR OPERATE UNINTERRUPTED OR ERROR-FREE.  LICENSOR DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DISCLAIMS ANY AND ALL WARRANTIES AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT AND USE OF THE SOFTWARE AND DOCUMENTATION, AND AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS.  LICENSOR DISCLAIMS ANY AND ALL REPRESENTATIONS RELATING TO THIRD PARTY OPEN SOURCE SOFTWARE WHICH MAY BE EMBEDDED IN THE SOFTWARE.

This product is not endorsed or affiliated with Beechcraft or its partners or affiliates, the United States Department of Defense (DoD), any military branch or any Foreign Government or Foreign Military in any way. All Flite Advantage products are artistic interpretations and intended for personal, entertainment or educational use only. FAST’s virtual aircraft models closely replicate actual aircraft but are in no way intended to conform to any FAA or foreign government standards or regulations. Users assume all liability related to flight training and associated risks when using this or any other Flite Advantage products or resources. Flite Advantage and its associates shall not be liable in any way for any loss of data, training failures or training mishaps. Use of, and continued use of, Flite Advantage products affirms your acceptance of our EULA and Terms and Conditions. 

 

Flite Advantage Simulation & Training, LLC. All Rights Reserved.