End User License Agreement

INFINITE FLIGHT END USER LICENSE AGREEMENT (EULA) 

Last Modified: August 21, 2014


Infinite Flight (the “Game”) is a computer game developed and operated by Flying Development Studio LLC (“FDS”). For purposes of this License Agreement (defined below), “you” and “your” mean the user of the computer on which the Game will be or has been installed.
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT”) CAREFULLY. BY CLICKING THE “ACCEPT” BUTTON, DOWNLOADING OR USING THE GAME CLIENT SOFTWARE (THE “SOFTWARE”), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST UNINSTALL THE APP AND CEASE ALL USE.  CAPITALIZED WORDS OR PHRASES NOT DEFINED IN THIS APP END USER TERMS HAVE THE MEANING GIVEN TO THEM IN THE FDS GENERAL TERMS OF SERVICE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.

I. LIMITED USE LICENSE


Subject to the terms and conditions of this License Agreement and your agreement therewith, FDS hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license to internally install and execute solely as a component of the Game (i) the Software and related explanatory materials (“Documentation”); and (ii) any Software upgrades, patches, subsequent versions, and updates (collectively, “Updates”) licensed to you by FDS. The Software and the Game are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by FDS, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Software or the Game.

II. REQUIREMENTS


A. In installing and using the Software and playing the Game, you acknowledge that you have read, understand and agree with the terms of this License Agreement. You must also: (i) read, understand and agree to the FDS Terms of Use (link) (the “Terms of Use”), incorporated herein by reference; (ii) register for an account in the Game (an “Account”) (as further explained in the Terms of Use). These requirements may change as the Game evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game.
B. A Gmail or Facebook account is required to use this App.  You acknowledge and understand that certain aspects of the App may require and utilize phone service or data access and you are responsible for any such charges.

III. ADDITIONAL LICENSE LIMITATIONS


The limited license granted to you in Section I is subject to the additional limitations set forth below in this Section III. Any use of the Software in violation of the license limitations set forth below is an unauthorized use of the Software outside of the license granted to you in Section I, and will be regarded as an infringement of the copyrights FDS holds in and to the Software and the Game. You agree that you will not, under any circumstances:
A. Sell, lease, rent, loan or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Game, to a third party;
B. Copy, photocopy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Game, or create derivative works based on the Game, except that you are authorized to (i) make one (1) copy of the Software and the Documentation for personal archival purposes only; and (ii) use third party image and video capture software to capture the output of the Software as audio, video and/or still image files solely for personal, not for profit use pursuant to the Terms of Use and any applicable FDS policies pertaining to audio or video creation;
C. Modify or cause to be modified any files that are part of the Software in any way not expressly authorized by FDS;
D. Make use of, or cause any other person or entity to make use of, the Software or the Game for any commercial purpose, including but not limited to (i) participating in the Game in exchange for payment (e.g. “leveling” services); or (ii) selling in-Game items outside of the Game, or selling Game Accounts, except such transactions as may be authorized by FDS and conducted via services provided by FDS; or
E. Use any unauthorized third-party programs that interact with the Software in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Software and FDS, or that collect information about the Game by reading areas of memory used by the Software to store information about the Game.
F. This App is provided only for entertainment purposes, and shall not to be used for training purposes.  You shall not use the App for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this License.

IV. OWNERSHIP

All rights and title in and to the Software and the Game, and all content included therein (including, without limitation, Accounts, computer code, artwork, graphics, animations, sounds, musical compositions and recordings and methods of operation) are owned by FDS or its licensors. The Software and the Game and all content therein are protected by United States and other international intellectual property laws. FDS and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Game except as expressly permitted by FDS. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of FDS. Please see the Terms of Use for a complete espousal of all of FDS ownership rights.

V. CODE OF CONDUCT


While using the Software and playing the Game, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Game (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive, and FDS reserves the right to modify this Code of Conduct at any time, as well as take any appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Game, regardless of whether a specific behavior is listed here as prohibited. The following are examples of behavior that warrant disciplinary measures:
A. Impersonating any person, business, or entity, including an employee of FDS, or communicating in any way that makes it appear that the communication originates from FDS;
B. Posting identifying information about yourself, or any other user, in the Game;
C. Harassing, stalking, or threatening any other users in the Game;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of FDS contained in the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmitting or communicating any content which, in the sole and exclusive discretion of FDS, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Participating in any action which, in the sole and exclusive judgment of FDS, “exploits” an undocumented aspect of the Game in order to secure an unfair advantage over other users;
H. Participating in any action which, in the sole and exclusive judgment of FDS, defrauds any other user of the Game, including, but not limited to, by “scamming” or “social engineering;”
I. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;

L. Selecting a Username or Callsign that is falsely indicative of an association with FDS, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on Username or Callsign choices. FDS may modify any name which, in the sole and exclusive judgment of FDS, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations.

VI. MONITORING


FDS reserves the right to anonymously track and report a user's activity inside the Game.

VII. UPDATES AND MODIFICATIONS


A. The Software and the Game.  FDS may provide Updates to the Software that must be installed for you to continue to play the Game. Each time you launch the Software to play the Game, you hereby give your consent to FDS to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
B. License Agreement. FDS reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Game and the law evolve; provided, however, that material changes to this License Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this License Agreement by clicking on the “EULA” link in the Game. You are responsible for checking this License Agreement periodically for changes. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, you may terminate this License Agreement in accordance with Section IX and must immediately stop playing the Game and uninstall the Software. Your continued use of the Game following any revision to this License Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

VIII. TERMINATION OF AGREEMENT


This License Agreement is effective until terminated. You may terminate this License Agreement at any time by notifying FDS of your intention to terminate. FDS may terminate this License Agreement at any time, for any reason or no reason. Upon termination, whether by you or FDS, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer’s permanent memory and destroy any and all copies of the Software that may be in your possession.

IX. TERMINATION OF GAME SERVICE


The Game features an “on-line” aspect that must be played over the internet through a service provided by or on behalf of FDS. You acknowledge and agree that FDS, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that FDS may change, modify, suspend, discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Game.
FDS does not guarantee that it will continue to offer access to the App or support it. Upon 30 days’ notice, FDS may, in its sole discretion, cease to provide any or all of the services offered in connection with the App, terminate the EULA, close all Accounts and cancel all of the rights granted under the then current EULA. Notice of termination may be provided in any of the following manners: (i) when you log into your Account; (ii) in a notice on FDS’ website; (iii) via e-mail; or (iv) in another manner that FDS deems suitable to inform you of the termination. If FDS terminates the EULA, you will not receive a refund of any fees.

X. EXPORT CONTROLS


The Software is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Software and its use. The Software may not be re-exported, downloaded or otherwise exported to, or downloaded or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

XI. WARRANTY DISCLAIMER


THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE GAME OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE GAME AND/OR THE SOFTWARE. FDS DOES NOT WARRANT THAT THE GAME AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE GAME AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE GAME AND THE SOFTWARE.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.

XII. INDEMNIFICATION


YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FDS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE GAME AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. FDS reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FDS in asserting any available defenses.

XIII. LIMITATION OF LIABILITY


UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL FDS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE GAME, EVEN IF FDS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, FDS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER DATA (XP, STANDING, FLIGHTS, LOGS), ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME. FDS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL FDS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO FDS FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of FDS shall be limited to the fullest extent permitted by applicable law.

XIV. DISCLAIMERS


A. FDS makes no representation that any third party device platform or service provider has endorsed the Game, and you should not rely on the availability of the App by means of any App catalog, storefront, or other means of downloading as an endorsement of the Gameor FDS generally. In no event shall any third party have any obligation to you whatsoever to furnish any maintenance and support services with respect to the Game.
B. FDS DOES NOT WARRANT THAT THE GAME WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT FDS AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE APP.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FDS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE APP, AND ANY ACCOMPANYING MATERIALS.  SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.
C. FDS makes no representation as to availability of the App, service or any related up-time of the service.  FDS assumes no liability to any lack of availability or service downtime.

XV. MISCELLANEOUS


This License Agreement represents the complete agreement between you and FDS with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and FDS; provided however that this License Agreement shall coexist with, and shall not supersede, the Terms of Use or the Privacy Policy. To the extent that the provisions of this License Agreement conflict with the Terms of Use, the conflicting provisions in the Terms of Use shall govern. The Game is operated by FDS in the United States. Those who choose to access the Game from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. FDS’ failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by FDS of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The provisions of Sections IV, and X through XVI shall survive any termination of this License Agreement. If you have any questions concerning these terms and conditions, or if you would like to contact FDS for any other reason, please contact FDS support at contact@flyingdevstudio.com.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “ACCEPT” AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT



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