This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity, "you" or "Licensee") and the operator of FlightOps Hub ("Author"), contactable at support@opossumdev.com, for the FlightOps Hub software product, including associated media, printed materials, and "online" or electronic documentation (the "Software"). It governs your use of the Software itself, alongside our Terms of Service.
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
1. Grant of license
Subject to your compliance with this Agreement (including payment of any applicable license fee), the Author grants you a limited, non-exclusive, non-transferable, revocable license to install and use one copy of the Software on devices that you own or control, solely for your own personal or internal use.
2. Ownership
The Software is licensed, not sold. The Author retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not grant you any rights to trademarks, service marks, or logos of the Author.
3. Restrictions
You may not, and may not permit others to:
a) copy, distribute, sell, rent, lease, sublicense, or otherwise make the Software available to
any third party, except as expressly permitted by the Author in writing;
b) modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to
derive the source code of the Software, except to the extent such restriction is prohibited by
applicable law;
c) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
contained in or on the Software;
d) use the Software for any unlawful purpose, or in any manner that could damage, disable,
overburden, or impair the Software or interfere with any other party's use of it;
e) circumvent or attempt to circumvent any license validation, activation, or payment mechanism
associated with the Software.
4. Updates
The Author may from time to time provide updates, patches, or new versions of the Software. Such updates may be subject to additional or different terms, which will be presented at the time of update if applicable.
5. Disclaimer of warranty
The Software is provided "as is", without warranty of any kind. The Author is not liable for any damages arising from the use of this application. To the maximum extent permitted by applicable law, the Author disclaims all other warranties and conditions, whether express, implied, or statutory, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The entire risk arising out of the use or performance of the Software remains with you. FlightOps Hub interacts with third-party flight simulation software and add-ons that the Author does not control; the Author does not warrant that the Software will be compatible with, or free of adverse interactions with, any particular simulator version, add-on, or system configuration.
6. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Author be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever (including, without limitation, damages for loss of profits, data, or other intangible losses, or damage to or loss of use of any files, data, add-on content, or simulator installation) arising out of or in connection with this Agreement or the use of, or inability to use, the Software, even if the Author has been advised of the possibility of such damages. In no event shall the Author's total liability to you for all damages exceed the amount you actually paid for the Software, if any.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you in full. Nothing in this Agreement limits any mandatory consumer-protection rights you have under the law of your country of residence.
7. Termination
This Agreement is effective until terminated. The Author may terminate this Agreement immediately if you fail to comply with any of its terms. Upon termination, you must cease all use of the Software and destroy all copies in your possession.
8. Governing law
This Agreement shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.
9. Entire agreement
This Agreement constitutes the entire agreement between you and the Author relating to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
10. Trademarks
FlightOps Hub is an independent, third-party utility and is not affiliated with, endorsed by, or sponsored by Microsoft Corporation, Asobo Studio, or any other flight simulator publisher or add-on developer referenced within the Software. All product names, logos, and trademarks referenced are the property of their respective owners.
11. Contact
Questions about this Agreement should be directed to support@opossumdev.com.