flight sim toolkit (fst)
 
     
  LICENCE AGREEMENT  
 

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS KUJU PUBLIC LICENCE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

DEFINITIONS

"Program" refers to the collection of files distributed by Kuju, and derivatives of that collection of files.

"Kuju" means Kuju Entertainment Limited, a company registered in England and Wales having company number 3481384 and registered office at Unit 10 Woodside Park, Catteshall Lane, Godalming, Surrey GU7 1LG.

"You" is the person or entity downloading, distributing or howsoever using the Program, and "Your" and "Yourself" shall be construed accordingly.

1. LICENCE TO USE / GRANT OF RIGHTS
Permission is granted to You to download and use the Program without payment of a licence fee for any not-for-profit lawful purpose on any computer system, and to alter it and redistribute it freely, subject to and in consideration of Your acceptance and compliance with the terms of this Agreement. The parties acknowledge that the grant of a licence in return for compliance with the terms of this Agreement constitutes good consideration.

2. REQUIREMENTS AND RESTRICTIONS
2.1 You may make and give away verbatim copies of the source form of the Program without restriction, provided that You duplicate all of the original copyright notices and associated disclaimers, including this Agreement.

2.2 You may modify and redistribute this Program in any form provided:
i) You comply with the terms of 2.1; and
ii) You place Your modifications in the public domain or otherwise make them freely available; and
iii) You clearly document the modifications You have made to the Program, identifying the nature of the change and Yourself.

2.3 Kuju's name may not be used to endorse or promote products derived from this software without specific prior written permission.

3. NO COMMERCIAL DISTRIBUTION
No commercial use or exploitation of this Program involving resale of all or part of the Program, whether modified or not, is permitted.

4. NO SUPPORT
Kuju will not provide any technical support for the Program.

5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED BY KUJU, WITHOUT TERMS, REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, WHETHER WRITTEN, ORAL, STATUTORY, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, REASONABLE SKILL AND CARE OR FITNESS FOR A PARTICULAR PURPOSE. The parties agree that they have not relied upon any terms, representations, conditions or warranties in entering into this Agreement other than those set out herein. The preceding sentence of this Clause 5 shall not apply in the case of fraud.

6. INDEMNITY; DISCLAIMER OF LIABILITY
You agree to indemnify, defend and hold Kuju harmless from and against any claim, liability, damage, expense or cost in connection with your use of the Program.

EXCEPT IN RESPECT OF ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FRAUD OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW AND AS EXPRESSLY SET FORTH IN THIS AGREEMENT, KUJU SHALL NOT HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, OR LOSS OF DATA, 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR INFRINGEMENT OF THIRD PARTY RIGHTS.

7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Nothing in this Agreement shall be deemed to place the parties in the relationship of employer-employee, principal-agent, partners, or joint venturers.

The construction, validity and performance of the Agreement shall be governed by and construed in accordance with the laws of England and each of the parties hereby irrevocably submit to the non-exclusive jurisdiction of the English courts.