Terms and Conditions of Flite Advantage Simulation & Training, LLC ("FAST") Websites and Software (TAC)
The following terms and conditions (collectively, these “Terms and Conditions”) apply to your use of any and all Flite Advantage Simulation & Training, LLC (“FAST” LLC) owned or operated websites, including any content, software, functionality and services offered on or via them (the “Website”).
Please read the Terms and Conditions and EULA carefully before you start using the Website, as well as FAST, LLC software, because by using the Website and FAST LLC software, you accept and agree to be bound and abide by these Terms and Conditions.
We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website, EULA, and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Website, and FAST LLC Software, after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
Conduct on Website
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website.
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
- Impersonates any person or entity, including any of our employees or representatives
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of FAST LLC.
You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website.
Third Party Websites
This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.
These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.
Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of the Website is at your sole risk. The Website is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limits to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
Term and Termination
This Terms and Conditions will become effective in relation to you when you create an account on the Website or when you start using the Website or download FAST LLC software, and will remain effective until terminated by you or by us.
FAST LLC reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Website whether in contravention of this Terms and Conditions or otherwise. If FAST LLC terminates this Terms and Conditions, or suspends your account for any of the reasons set out in this section, FAST LLC shall have no liability or responsibility to you.
FAST LLC may assign this Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United States of America without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted in a judicial chamber before a judge legally licensed to conduct judicial review within the confinements of the state of Florida, in the United States of America.
Flite Advantage End-User License Agreement – (EULA )
This Flite Advantage Simulation & Training End-User License Agreement (“EULA“) is a legal agreement between you (“Licensee”), which may be an individual, an authorized representative of a company or an authorized agent acting on behalf of the U.S. Government, and Flite Advantage Simulation & Training, LLC ( “FAST”). By checking and/or clicking the “I Accept” or similar box or button at the beginning of the SOFTWARE download and/or installation process, and/or by installing the SOFTWARE or having the SOFTWARE installed (for example, and not by way of limitation, by permitting FAST to install the SOFTWARE on hardware owned, controlled, or operated by Licensee), and/or by downloading the SOFTWARE and/or by activating the SOFTWARE with any associated license key, as applicable, Licensee is agreeing to all the terms and conditions of this EULA.
If Licensee does not agree to be bound by the terms of this EULA, Licensee may not register, access or use the SOFTWARE in any way, and Licensee (either itself or through any of its employees) must not check and/or click any “I Accept” or similar box or button associated with this EULA during the SOFTWARE installation, activation, and/or download process, as applicable.
This EULA provides a license to use the SOFTWARE and contains warranty information and liability disclaimers.
If Licensee registers for a free trial of the SOFTWARE, this EULA will also govern that trial.
This EULA shall apply only to the SOFTWARE. The terms also apply to any Updates, additional downloads, and support services for the SOFTWARE.
By accepting this EULA, Licensee acknowledges that there may be additional agreements or policies that apply to refunds, support guarantees, or privacy that may not be explicitly mentioned within this EULA. 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.
- Certain Definitions
- “FAST Software” refers to the Flite Advantage Simulation & Training software product.
- “Open Source Software” means any software or component, module or package that contains, or is derived in any manner (in whole or part) from, any software that is distributed as free software, open source software or similar licensing or distributions models.
- “Third Party Software” means software or software component, module or package (other than Open Source Software) that contains, or is derived in any manner (in whole or in part) from, any software that is licensed or distributed by a third party.
- “SOFTWARE” means collectively: (i) FAST Software and (ii) any Open Source Software and Third Party Software included with the FAST Software.
- “Updates” means any and all updates, upgrades, new releases, modifications, and/or supplements that may be provided by FAST from time to time.
- License Grant
- FAST hereby grants the Licensee a limited, revocable, single, non-transferable, non-exclusive license to install and use the FAST Software and use any end user documentation, whether printed or electronic (together with any copies thereof made in accordance with this EULA, the “Documentation”), subject to, and in accordance with the terms of this EULA. Licensee is permitted to install, load, and use FAST 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 FAST Software.
- For U.S. Government End Users: The Software was developed at private expense and is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights customarily provided to the public, as set forth in this EULA. Contractor/Manufacturer is Flite Advantage Simulation & Training, LLC, 14167 Newcastle Ave., Spring Hill, Florida 34609.
- Access. Licensee must establish an account using his or her email address as a unique user ID at https://www.fliteadvantage.com/ (“Website”) in order to download the SOFTWARE. Licensee may download, install and access the SOFTWARE solely in connection with Licensee’s use of the Website and FAST’s service (“Service”) and solely so long as Licensee’s subscription to the Service is current.
- Updates; Releases. If FAST provides Licensee with any Update to the SOFTWARE or Documentation, the same shall become part of the SOFTWARE or Documentation, as the case may be, licensed hereunder when delivered to Licensee and shall be subject to all of the terms and conditions contained herein. With respect to any technical information Licensee provides to FAST or its licensees in connection with the license(s) granted to Licensee hereunder, FAST and its licensees may use such information for any purpose without restriction, including, without limitation, for product support and development.
- Media; License Keys. Licensee may receive the SOFTWARE in more than one medium; or Licensee may receive copies of the SOFTWARE that are compatible with operating systems not specified on the applicable invoice. Regardless, Licensee may use the SOFTWARE only as expressly permitted in this EULA. Licensee acknowledges and agrees that installation and/or use of SOFTWARE may be subject to activation by license key or profile.
- Licensee may copy the Documentation to the limited extent reasonably necessary to facilitate Licensee’s permissible use of the SOFTWARE in accordance with this EULA. Licensee may NOT copy the SOFTWARE.
- Reservation of Rights. FAST reserves all rights not expressly granted herein.
- Intellectual Property
- Ownership. Licensee acknowledges and agrees that the SOFTWARE and the Documentation constitute valuable trade secrets of FAST and/or its affiliates, licensors and suppliers (as applicable). Licensee further acknowledges and agrees that FAST, its affiliates, and/or its licensors (as applicable) own all right, title, and interest in and to: (i) the SOFTWARE and Documentation (including, without limitation, any and all copies, extracts, and associated media thereof, all concepts, logic, protocols, and specifications related thereto, all images, “applets,” photographs, animations, video, audio, and/or text incorporated therein); (ii) all ideas, suggestions, or feedback relating to the SOFTWARE or Documentation (“Feedback”); and (iii) all patents, trademarks, trade names, inventions, copyrights, know-how, trade secrets, and other intellectual and industrial property rights, and any related applications or extensions, relating to the items set forth in subparts “(i)” and “(ii)”. Licensee shall not attempt to register any copyrights, register any trademarks or service marks, or apply for any patent or other intellectual property protection for the SOFTWARE, Documentation or any portion thereof. Licensee hereby irrevocably assigns and agrees to assign all of its right, title, and interest in and to any Feedback to FAST LLC.
- Copyright; Copies. Without limitation of FAST’s other rights, Licensee acknowledges and agrees that the SOFTWARE and Documentation are protected by United States copyright laws and international treaty Subject to the express license grants set forth herein, Licensee must treat the SOFTWARE and Documentation like any other copyrighted material.
- Licensed Not Sold. Licensee acknowledges and agrees that the SOFTWARE and Documentation have been licensed to Licensee pursuant to the terms and conditions of this EULA and that neither the SOFTWARE nor Documentation has been sold to Licensee.
- Open Source Software. Licensee hereby acknowledges that the SOFTWARE may utilize or include Third Party Software and/or Open Source Software that must be licensed under the specific license terms applicable to such Third Party Software or Open Source Software (“Other Licenses”). To the extent any such Other Licenses require that FAST provide Licensee the rights to copy, modify, distribute or otherwise use any Other Licenses that are inconsistent with the limited rights granted to Licensee in this EULA, then such rights in the applicable Other Licenses shall take precedence over the rights and restrictions granted in this EULA, but solely with respect to such Third Party Software and/or Open Source Software. Licensee shall comply with the terms of such Other Licenses. Nothing in this EULA shall obligate FAST to provide any support for Third Party Software or Open Source Software. Other Licenses associated with Third Party Software or Open Source Software applies only to that Third Party Software or Open Source Software and not the other software included in the SOFTWARE.
- Restrictions and Limitations
- General Use Restrictions. Licensee shall not use, copy, merge, or transfer copies of the SOFTWARE or the Documentation except as may be expressly and specifically authorized in this Licensee shall not knowingly take any action that would cause the SOFTWARE to be placed in the public domain.
- No Reverse Engineering; No Modification. Licensee may not, under any circumstances, reverse engineer, decompile, disassemble, or otherwise attempt to discover, reconstruct, or identify the source code for the SOFTWARE or any user interface techniques, algorithms, logic, protocols, or specifications included, incorporated, or implemented therein. Furthermore, except as expressly authorized by FAST in the Documentation, Licensee may not, under any circumstances, modify, port, translate, or create derivative works of the SOFTWARE or Documentation.
- Rental; Leasing. Licensee will not transfer, sell, assign, sublicense, rent, lease, lend, subcontract, delegate or otherwise transfer, either in whole or in part, the SOFTWARE, the Documentation, its rights under this EULA to third parties, including without limitation, by operation of law, without FAST’s prior written approval and subject to written agreement by the recipient to the terms of this EULA. Licensee shall not transmit the SOFTWARE from one computer to another or over a network, or use the SOFTWARE in connection with any hardware or software that modifies the number of computers or users that directly access or use the SOFTWARE, and Licensee shall not otherwise do anything to circumvent the limitations and restrictions in this EULA.
- Export Restrictions; Compliance with Laws. Licensee will not, directly or indirectly, export or transmit the SOFTWARE or Documentation to any country to which such export or transmission is restricted by any applicable law, regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the S. Department of Commerce or such other governmental entity as may have jurisdiction over such export or transmission. Licensee agrees to comply with and conform to all applicable laws, regulations, ordinances, and executive orders relating to Licensee’s use of the SOFTWARE.
- Markings. Licensee will not alter, remove or obscure any marking, label or notice, if any, from the Software or Documentation. If Licensee makes any copies of the SOFTWARE or Documentation in acordance with this EULA, Licensee must reproduce in all such copies all proprietary notices, labels or marks contained in the originals.
- Use Audit
FAST shall have the right, upon reasonable notice, to conduct and/or have an independent accounting firm conduct, during normal business hours on Licensee’s premises under Licensee’s reasonable supervision, an audit to verify Licensee’s compliance with the terms of this EULA.
- Term and Termination
- Term. Except as provided in this Section 6, this EULA and the license(s) granted herein shall remain effective until terminated. If SOFTWARE has been licensed to Licensee for evaluation purposes, this EULA will be effective until the end of the evaluation period.
- Termination. Licensee may terminate this EULA and the license(s) granted herein by ceasing all use of the SOFTWARE and Documentation. This EULA including, without limitation, the licenses granted herein will automatically terminate if Licensee fails to comply with any term or condition of this EULA. The SOFTWARE may contain code that can disable most or all of the features of the SOFTWARE upon termination of this EULA.
- Licensee Obligations Upon Termination or Expiration. Licensee agrees, upon any termination or expiration of this EULA, to cease use of, and to destroy or return to FAST, all copies of the SOFTWARE and Upon any termination or expiration of this EULA, Licensee shall have no rights to use the SOFTWARE or Documentation. Sections 1, 3, 4, 5, 6, 7, 8, 9, and 10 of this EULA shall survive any termination or expiration of this EULA and continue in full force and effect.
- LIMITED WARRANTY; DISCLAIMER; LIMITATION OF LIABILITY
- DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED “AS IS”, AND FAST AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE SOFTWARE, DOCUMENTATION AND/OR USE OF THE SOFTWARE OR DOCUMENTATION (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE SOFTWARE OR DOCUMENTATION (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. FAST DISCLAIMS ANY WARRNITES AGAINST INFRINGEMENT, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS.
- FLITE ADVANTAGE SIMULATION & TRAINING, LLC (“FAST LLC”) PRODUCTS ARE NOT ENDORSED BY OR AFFILIATED WITH TEXTRON AVIATION INC. OR ANY OF ITS AFFILIATES, ANY MANUFACTURER OF AIRPLANES OR AIRCRAFT, THE UNITED STATES DEPARTMENT OF DEFENSE (DOD), ANY MILITARY BRANCH, OR ANY FOREIGN GOVERNMENT OR FOREIGN MILITARY IN ANY WAY. ALL FAST LLC PRODUCTS ARE ARTISTIC INTERPRETATIONS AND INTENDED FOR PERSONAL, ENTERTAINMENT, OR EDUCATIONAL USE ONLY, UNLESS YOU HAVE COMMERCIAL USE RIGHTS UNDER A SEPARATE AGREEMENT. FAST LLC’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 FAST LLC PRODUCT OR RESOURCE. FAST LLC 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, FAST LLC PRODUCTS AFFIRMS YOUR ACCEPTANCE OF OUR EULA AND TERMS AND CONDITIONS.
- OTHER SOFTWARE. FOR THE AVOIDANCE OF DOUBT, LICENSEE ACKNOWLEDGES THAT ANY OPEN SOURCE SOFTWARE OR THIRD PARTY SOFTWARE THAT IS INCLUDED IN THE SOFTWARE IS PROVIDED “AS IS,” AND FAST DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO SUCH SOFTWARE AND/OR USE THEREOF (INCLUDING, WITHOUT LIMITATION, EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS WELL AS ANY EXPRESS OR IMPLIED WARRANTIES THAT SUCH SOFTWARE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE NON-INFRINGING, UNINTERRUPTED OR ERROR-FREE.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAST, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE’S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE SOFTWARE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN CONNECTION WITH THIS EULA, THE SOFTWARE, THE DOCUMENTATION AND/OR ANY USE OF THE SOFTWARE OR THE DOCUMENTATION, EVEN IF FAST OR ANY OF ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. FURTHER, IN NO EVENT SHALL FAST’S MAXIMUM, AGGREGATE LIABILITY IN CONNECTION WITH THIS EULA, THE SOFTWARE, DOCUMENTATION AND/OR ANY USE OF THE SOFTWARE OR DOCUMENTATION EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE.
- Responsibilities of Licensee. Licensee shall have the sole and exclusive responsibility to select and determine whether the SOFTWARE and the Licensee’s use in accordance with the terms of this EULA will meet Licensee’s needs. Licensee shall pay directly, or reimburse FAST, for all taxes, assessments, permits and fees which are, or may be in FAST’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 FAST on its net income. As a licensee of the SOFTWARE, Licensee is solely responsible for the proper installation and operation of the SOFTWARE in accordance with the instructions and specifications set forth in the FAST shall have no responsibility or liability to Licensee for improper installation or operation of the SOFTWARE. Licensee represents and warrants that Licensee has full power and authority to enter into this EULA and to perform its obligations hereunder and this EULA constitutes a legal, valid, and binding obligation on Licensee’s part, enforceable in accordance with its terms.
- Indemnity. Licensee hereby agrees to indemnify, protect, defend and hold FAST and its suppliers, licensors and distributors and their directors, officers, employees, professional advisors, contractors, representatives and agents harmless from and against any and all claims, losses, and damages, including without limitation, reasonable attorney’s’ fees and experts’ fees and disbursements: (i) which may at any time be asserted against FAST by any party for Licensee’s failure to perform any of the covenants, agreements, terms, provisions, or conditions contained in this EULA; (b) by any party by reason of Licensee’s use or misuse of the SOFTWARE or Documentation; or (c) resulting from any failure by Licensee to comply with any term, condition, or restriction in this EULA.
- Governing Law; Enforcement
- Governing Law. This EULA and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with laws of the state of Florida, without giving effect to the principles of choice of law thereof. Any action brought by a party shall be brought exclusively in the federal and state courts located in Hillsborough County, Florida. All parties agree to submit to the exclusive jurisdiction of those courts and waive trial by jury. THIS EULA WILL NOT BE GOVERNED BY OR INTERPRETED IN ANY WAY BY REFERRING TO ANY LAW BASED ON THE UNIFORM COMPUTER INFORMATION TRANSACTIONS (UCITA), OR THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS HEREBY EXCLUDED.
- Equitable Relief. Licensee acknowledges that any actual or threatened breach of the provisions of this EULA will constitute immediate, irreparable harm to FAST and its licensors (as applicable) for which monetary damages would be an inadequate remedy; that injunctive relief is an appropriate remedy for any such breach or threatened breach; and that, in such event, FAST (and/or its licensors, as applicable) will be entitled to immediate injunctive relief without the requirement of posting
- Invalidity of Provisions
If any provision in this EULA is invalid or unenforceable, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability and all other provisions of this EULA shall remain in effect.
- This EULA and the terms of service posted on the Website (and all documents referenced therein) set forth the entire agreement between FAST and Licensee with respect to the SOFTWARE and Documentation and Licensee’s use In the event of any discrepancy or conflict between the terms and conditions of this EULA and the terms of service posted on the Website, the terms and conditions of this EULA shall govern. Both parties hereby acknowledge and agree that any and all suppliers, distributors and licensors of FAST (and any and all licensors of FAST’s licensors) shall be direct and intended third party beneficiaries of this EULA (including, without limitation, the provisions regarding intellectual property ownership, and the disclaimers of warranties and limitations on liability, as set forth herein), with the right to directly enforce the same. No failure or delay in exercising any right or remedy shall operate as a waiver of any such (or any other) right or remedy. The language of this EULA shall be construed as a whole, according to its fair meaning and intent, and not strictly for or against either party, regardless of who drafted or was principally responsible for drafting this EULA or any specific term or conditions hereof. All section headings are for reference only and shall not be considered in construing this EULA. This EULA shall bind and inure to the benefit of the parties and their successors and permitted assigns. Both parties are acting as independent contractors with respect to the activities hereunder. In the event of any legal proceeding between the parties arising out of or related to this EULA, the prevailing party shall be entitled to recover, in addition to any other relief awarded or granted, its costs and expenses (including but not limited to reasonable attorneys’ and expert witness’ fees) incurred in any such proceeding.
- FAST may revise the terms of this EULA and provide such revised terms to you from time to time. Such revised terms will be binding upon your checking and/or clicking the “I Accept” or similar box or button associated with such revised terms or upon installing any Update provided to you.
Return & Support Policy (RASP)
This policy applies to fliteadvantage.com, including any content, functionality and services offered on or via fliteadvantage.com (the “Website”) and any Flite Advantage Simulation & Training LLC (FAST LLC) Software (“Software”) directly from FAST LLC or indirectly through a FAST LLC authorized reseller or distributor.
Due to the nature of electronic commerce, in that in most cases it is impossible to ensure complete return of the product, all sales are final. If a transaction reversal (also known as a chargeback) is issued via any payment method, FAST LLC reserves the right to suspend any relevant accounts and associated usage of the Software and/or the Website until the conflict is resolved. The extent of the enforcement of the refund and transaction reversal policies is at the sole discretion of FAST LLC.
FAST LLC will make reasonable attempts to resolve any issues with the Software or the Website that prevent the use of the Software or the Website as advertised within a timely manner. Support is available through FAST LLC directly via methods officially provided, including but not limited to the support email, email@example.com
Purchase, Download, Use of, and Continued Use of, FAST LLC products and software acknowledges and affirms your acceptance of all FAST LLC’s Terms & Conditions, End User License Agreement and acknowledgement of the Refund and Support Policy (RASP).
Disclaimer: Flite Advantage Simulation & Training, LLC (“FAST LLC”) products are not endorsed by or affiliated with Textron Aviation Inc. or any of its affiliates, any manufacturer of airplanes or aircraft, the United States Department of Defense (DoD), any military branch, or any Foreign Government or Foreign Military in any way. All FAST LLC products are artistic interpretations and intended for personal, entertainment, or educational use only, unless you have commercial use rights under a separate agreement. FAST LLC’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 FAST LLC product or resource. FAST LLC 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, FAST LLC products affirms your acceptance of our EULA and Terms and Conditions.
Flite Advantage Simulation & Training, LLC *All Rights Reserved