This End-User License Agreement ("EULA") is a legal agreement between you and International Virtual Aviation Organisation VZW (“IVAO”).
This EULA governs your acquisition and use of our IVAO ATC Software ("Software") directly from IVAO or indirectly through an IVAO authorized distributor (a "Distributor").
Please read this EULA carefully before completing the installation process and using this Software. It provides a license to use this Software and contains warranty information and liability disclaimers.
If you are entering into this EULA on behalf of a company or other legal entity, you consent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA, do NOT install or use this Software, and you must not accept this EULA.
This EULA shall apply only to the Software supplied by IVAO herewith regardless of whether other Software is referred to or described herein. The terms also apply to any updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
IVAO hereby grants you a personal, non-transferable, non-exclusive license to use this Software on your devices in accordance with the terms of this EULA.
You are permitted to install the Software (for example to a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.
You are NOT permitted to:
IVAO shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of IVAO.
IVAO reserves the right to grant licenses to use the Software to third parties.
This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to IVAO, or by uninstalling the application and all of its components from your device.
It will also terminate immediately if you fail to comply with any term of this EULA. Upon such termination, the licenses granted by this EULA will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and will survive any termination of this EULA.
This EULA and any dispute arising out of or in connection with this EULA shall be governed by and construed in accordance with Belgian law.
THIS SOFTWARE IS PROVIDED BY IVAO OR ITS AGENTS, CONSULTANTS, CONTRACTORS OR SUPPLIERS “AS IS”.
IVAO OR ITS AGENTS, CONSULTANTS, CONTRACTORS OR SUPPLIERS CANNOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCE THAT MAY OCCUR FROM, INCLUDING, BUT NOT LIMITED TO, PROGRAMMING FAILURES ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL IVAO OR ITS AGENTS, CONSULTANTS, CONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.