EULA – FlightBase Technologies e. U.
End-User License Agreement
This End User License Agreement ("EULA") contains the terms and conditions regarding your use of the SOFTWARE (as defined below). This EULA contains limitations to your rights in that regard. You should read this EULA carefully and treat it as valuable property.
1. Agreement between You and FlightBase Technologies e. U.
This EULA is a legally binding agreement between you and FlightBase Technologies e. U., Fliedergasse 24, 2402, Austria. You intend to be legally bound to this EULA to the same extent as if FlightBase Technologies e. U. and you physically signed this EULA. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms and conditions contained in this EULA. If you do not agree to all of the terms and conditions contained in this EULA, you may not install or use the SOFTWARE.
2. Definition of "SOFTWARE"
This EULA governs your use of FlightBase Technologies e. U. software product(s) enclosed or otherwise accompanied herewith (individually and collectively, the "SOFTWARE"). The term "SOFTWARE" includes, to the extent provided by FlightBase Technologies e. U.:
1) any revisions, updates and/or upgrades thereto
2) any data, images, executable files, databases, data engines, computer software or similar items normally used or distributed with computer software products
3) any associated media, documentation (including physical, electronic and on-line) and printed materials
2.1. Definition of “SaaS”
Software as a service (SaaS), sometimes referred to as "on-demand software" supplied by ISVs or "Application-Service-Providers" (ASPs), is a software delivery model in which software and associated data are centrally hosted on the cloud. SaaS is typically accessed by users using a thin client via a web browser.
The term "software as a service" (SaaS) is considered to be part of the nomenclature of cloud computing, along with infrastructure as a service (IaaS), platform as a service (PaaS), desktop as a service (DaaS), and backend as a service (BaaS)
The SOFTWARE is owned by FlightBase Technologies e. U.. and/or its licensors and is protected by copyright laws and international treaties. You may not remove the copyright notice from any copy of the SOFTWARE.
4. Grant of License
The SOFTWARE is not sold to you. Rather, it is licensed on a non-exclusive basis solely for use by you, and you alone, under the terms of this agreement. FlightBase Technologies e. U. retains all title to and ownership of the SOFTWARE and reserves all rights not expressly granted to you hereby. As long as you haven't obtained and installed a license for the SOFTWARE, the SOFTWARE runs in demo mode and is restricted in it's functionality or expires one day after installation. For details about the demo mode, please check the enclosed documentation for the SOFTWARE.
5. Use at One Single Workplace Only
The SOFTWARE may be used only at one single workplace. A workplace is defined by the combination of a physical or virtual computer (or session when using a terminal server) and one person. You may install the SOFTWARE on any computer of one workplace (e.g. workstation and notebook), provided that the SOFTWARE will never be used by more than one person at a time.
6. Use at Multi Workplace
The SOFTWARE may be used on several stations at the same time – if you have obtained a Multi Workplace License. This might be limited to a certain extent / numbers of Workplaces as defined in Paragraph 5 above – depending on the license you have obtained. The Workstations must be owned be the same company and can not be transferred to any other companies or persons.
7. One Archival Copy
You may only make one archival copy, which may only be used for backup purposes, and may not be distributed to others.
8. No Transfer of License
You may not transfer your license of the SOFTWARE to anyone. Also you may not sub-license any of your rights granted by this agreement.
9. Decompiling, Disassembling or Reverse Engineering
You acknowledge that the SOFTWARE contains trade secrets and other proprietary information of FlightBase Technologies e. U. and/or its licensors. You may not decompile, disassemble or otherwise reverse engineer the SOFTWARE, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the SOFTWARE.
10. Updates and Upgrades
This license does not grant you any right to any enhancements, bug fixes, patches or updates to the SOFTWARE, nor any support services. UPDATES are defined as new versions of the SOFTWARE, if the major version number has not been changed (the major version number ist the first number of the product version string, e.g.: the major version number of "220.127.116.11" is 1). If the major version number changes, then the new version of the SOFTWARE is defined as an UPGRADE. Available UPDATES are offered free of charge (this does not include any costs for your internet connection and/or the transfer itself and/or any other costs in relation to obtain UPDATES) by FlightBase Technologies e. U..
The license granted to you is valid until termination. You may terminate it at any time by returning the SOFTWARE (including any portions or copies thereof) to FlightBase Technologies e. U. The license will also terminate automatically without any notice from FlightBase Technologies e. U. if you fail to comply with any term or condition of this agreement. You agree upon such termination to return the SOFTWARE (including any portions or copies thereof) to FlightBase Technologies e. U. Upon termination, FlightBase Technologies e. U. may also enforce any rights provided by law. The terms and conditions of this agreement that protects the proprietary rights of FlightBase Technologies e. U. will continue in force after termination.
FlightBase Technologies e. U. does not warrant that the functions contained in the SOFTWARE will meet your requirements and/or that the operation of the SOFTWARE will be uninterrupted, error-free or free from malicious code ("malicious code" means any program code designed to contaminate other computer programs
and/or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system or computer network, including viruses, Trojan horses, droppers, worms, logic bombs, and the like).
This SOFTWARE is provided AS IT IS without any warranty of any kind. FlightBase Technologies e. U. is not obligated to provide any UPDATES, UPGRADES or technical support for this SOFTWARE. Further, FlightBase Technologies e. U. shall not be liable for the accuracy of any information provided by FlightBase Technologies e. U. or any third-party nor for any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such information.
You assume full responsibility for the selection of the SOFTWARE to achieve your intended results, and for the installation, use and results obtained from the SOFTWARE. You also assume the entire risk as it applies to the quality and performance of the SOFTWARE. Should the SOFTWARE prove defective, you (and not FlightBase Technologies e. U. or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.
In no case, FlightBase Technologies e. U. or its licensors will be liable for any direct, indirect, incidental, special or consequential damages or for any lost profits, lost savings, lost revenues or lost data arising from or relating to the SOFTWARE or this agreement, even if FlightBase Technologies e. U. or its licensors have been advised of the possibility of such damages. In any case the liability is limited to the amount of money you paid to use the SOFTWARE, regardless of the form of the claim.
This agreement is binding you as well as your employees, employers, contractors and agents and any successors and assignees. This agreement is the entire agreement between us and supersedes any other understandings or agreements. If a single term or condition of this agreement is or will become invalid, all other terms and conditions of this agreement remain valid and untouched. For such a case, both parties commit themselves to replace the invalid term and/or condition with a valid term and/or condition which is almost equal to its legal, economic and technical meaning. Place of jurisdiction is Austria.
FlightBase Technologies e. U.