IMPORTANT - PLEASE READ THESE TERMS CAREFULLY:
This End-User License Agreement (EULA) is a legal agreement between you (Licensee or you) and SEAFRONT SIMULATIONS LTD (SEAFRONT SIMULATIONS, us or we) for:
SEAFRONT SIMULATIONS Addon for Microsoft Flight Simulator (MSFS); the SEAFRONT SIMULATIONS libraries associated with the Software (Vessels-Core); and associated printed materials, media and online or electronic documentation (Documentation), (together the Software Product). The Software Product is sold as a single user licence and we licence use of the Software Product to you on the basis of this EULA and remain the owners of the Software Product at all times. 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.
1. GRANT OF LICENSE
1.1 In consideration of you agreeing to abide by the terms of this EULA, SEAFRONT SIMULATIONS hereby grants you a non-exclusive, non-transferable licence to use the Software Product on the terms of this EULA.
1.2 You may install, access, and run a single copy of the Software Product on a single personal computer for your personal, non-commercial, non-profit use.
1.3 We may update or require you to update the Software Product, provided that the Software Product shall always match the description of it that we provided to you before you licensed it.
2.1 Except as expressly set out in this EULA or as permitted by any local law, you undertake:
(a) not to copy the Software Product, except where such copying is incidental to normal use of the Software Product or where it is necessary for the purpose of back-up or operational security;
(b) to only use the Software Product for personal entertainment purposes and not to use the Software Product for flight training purposes;
(c) not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software Product nor permit the Software Product or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to provide, or otherwise make available, the Software Product in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without our prior written consent;
(e) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software Product nor attempt to do any such thing; and (f) not to modify, use, call GUIDs, reference, extract or in any way make use of the Software Product in any software project be it freeware, donation ware or payware.
3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that:
(a) all intellectual property rights 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), and any copies of the Software Product are owned by SEAFRONT SIMULATIONS or its third party suppliers (noted at the end of this agreement);
(b) you have no intellectual property rights in or to the Software Product other than the right to use the Software Product in accordance with the terms of this EULA; and
(c) all title and intellectual property rights in and to additional third party libraries and content accessed through use of the Software Product is the property of the respective content owner and this EULA grants you no rights to use such content.
4.1 We warrant that:
(a) the Software will, when properly used on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documentation;
(b) the Documentation correctly describes the operation of the Software in all material respects.
4.2 The warranty in 4.1 does not apply if:
(a) the defect or fault in the Software results from you having altered or modified a Software Product; or
(b) if the defect or fault in the Software results from you having used a Software Product in breach of the terms of this EULA.
We may terminate this EULA immediately by written notice to you if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so. Upon termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must cease all activities authorised by this EULA; and
(c) you must immediately delete or remove the Software Product from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software Product then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
6.1 The Software Product is provided “as is,” and we do not guarantee the functionality of the Software Product or a particular result from the use of the Software Product.
6.2 Neither SEAFRONT SIMULATIONS, its members, managers, officers, employees, agents, nor its suppliers shall be liable to you for any loss of use, lost or inaccurate data, lost profits, failure of security mechanisms, interruption of business, delays or any direct, indirect, special, incidental, reliance or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance.
6.3 To the extent permitted by law, SEAFRONT SIMULATIONS expressly disclaims any responsibility for the loss or damage, including personal injury or death, resulting from the use of the Software Product.
6.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEAFRONT SIMULATIONS 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 SEAFRONT SIMULATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.5 In no event does SEAFRONT SIMULATIONS authorise you to use the Software Product in applications or systems where the Software Product's failure to perform can reasonably be expected to result in a physical injury, or in loss or endangerment of life. Any such use by you is entirely at your own risk, and you agree to hold SEAFRONT SIMULATIONS harmless from any claims or losses relating to such unauthorised use.
6.6 The above disclaimers do not exclude or limit in any way our liability to you where it would be unlawful to do so.
6.7 You acknowledge that the Software Product has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.
You agree to defend, indemnify, and hold us, our members, managers, officers, employees and agents harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this EULA or your uploading of, access to, or use or misuse of the Software Product.
8. COMMUNICATIONS BETWEEN US
8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by email to SEAFRONT SIMULATIONS at [email protected]. We will confirm receipt of this by contacting you in writing, normally by email. 8.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
10. OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this EULA.
10.2 You may only transfer your rights or your obligations under this EULA to another person if we agree in writing.
10.3 Each of the paragraphs of this EULA operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.4 If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.5 This EULA constitutes the entire statement of the agreement between you and us on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This EULA shall be governed by the laws of England.
11. CREDITS AND THIRD PARTY LICENCES
11.1 SEAFRONT SIMULATIONS LTD holds licences and agreements for inclusion of third-party content and brands owned by the following:
Leopard Catamarans Maersk (A.P. Møller – Mærsk A/S)
Chantiers Amel / Amel Yachts
WightLink Red Funnel Group
"Galaxy kayak rider" (https://skfb.ly/6VGQM) by BlueMesh is licensed under Creative Commons Attribution (http://creativecommons.org/licenses/by/4.0/) by Seafront Simulations / Colour Change.
"Zodiak Speed Boat" (https://skfb.ly/6BQGU) by BlueMesh is licensed under Creative Commons Attribution (http://creativecommons.org/licenses/by/4.0/) by Seafront Simulations.
11.2 Assets used are licenced to SEAFRONT SIMULATIONS LTD under the following terms: https://www.cgtrader.com/pages/terms-and-conditions
Seafront Simulations is a © copyrighted trademark of Seafront Simulations Ltd.
Seafront Simulations is a trading name of Seafront Simulations Ltd, Registered in England & Wales under company number 13037923. Registered office address Seafront Simulations Ltd, Unit B, Ground Floor Lynstock Way, Lostock, Bolton, England, BL6 4SG, United Kingdom