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Tex DiagoMICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
CONDITIONS DE LICENCE DE LOGICIEL MICROSOFT
DVD MICROSOFT® FLIGHT SIMULATOR X PROFESSIONAL EDITION
Les présentes conditions ont valeur de contrat entre vous et
le fabricant de dispositifs qui distribue le logiciel avec le dispositif, ou
l’installateur de logiciels qui distribue le logiciel avec le dispositif.
Lisez-les attentivement. Elles portent sur le logiciel visé ci-dessus, y compris le support sur lequel vous l’avez
reçu, le cas échéant. Les conditions de licence imprimées sur papier pouvant accompagner le logiciel
remplacent toutes les conditions de licence en ligne. Ce contrat porte également sur les produits Microsoft
suivants :
les mises à jour,
les suppléments,
les services Internet et
les services d’assistance
de ce logiciel à moins que d’autres conditions n’accompagnent ces produits, auquel cas ces dernières
prévalent. Si vous obtenez des mises à jour ou des suppléments directement auprès de Microsoft, Microsoft,
et non le fabricant ou l’installateur, vous en octroie les licences.
En utilisant le logiciel, vous acceptez ces conditions. Si vous ne les acceptez pas, n’utilisez pas le
logiciel. Et contactez le fabricant ou l’installateur pour connaître sa politique de restitution afin
d’obtenir un remboursement ou un avoir.
Si vous vous conformez aux présentes conditions de licence, vous disposez des droits stipulés ci-
dessous pour chaque licence acquise.
1. PRÉSENTATION.
a. Logiciel. Le logiciel comprend le logiciel d’application pour ordinateurs de bureau.
b. Modèle de licence. Le logiciel est concédé sous licence en vertu d’une licence par copie et par
dispositif.
2. INSTALLATION ET DROITS D’UTILISATION. La licence de logiciel est attribuée de manière
permanente au dispositif avec lequel vous avez acquis le logiciel. Ce dispositif est le « dispositif concédé
sous licence ».
a. Dispositif concédé sous licence. Vous êtes autorisé à installer et à utiliser une copie du logiciel sur
le dispositif sous licence. Le logiciel est destiné au divertissement uniquement, sauf s’il est vendu avec
des outils de développement. Le cas échéant, le logiciel peut être utilisé avec les outils de
développement ainsi que dans un but de divertissement. En tout état de cause, le logiciel ne peut pas
faire partie d’un programme de formation agréé en vertu des règles de la FAA ou de tout autre
organisme d’intervention. Vous n’êtes pas autorisé à utiliser le logiciel, ou l’un de ses composants,
pour transférer des données vers un autre programme qui n’est pas lié au logiciel.
b. Programmes tiers fournis. Le logiciel contient des programmes tiers. Les termes spécifiques à ces
programmes s’appliquent à leur utilisation.
c. Fonctionnalité supplémentaire. Microsoft peut fournir des fonctionnalités supplémentaires pour le
logiciel. D’autres conditions de licence et redevances peuvent s’appliquer.
3. SERVICES INTERNET. Microsoft fournit des services Internet avec le logiciel, y compris le mode
multijoueur et les données météorologiques. Ils peuvent être modifiés ou interrompus à tout moment.
Vous n’êtes pas autorisé à utiliser ces services d’une quelconque manière qui aurait pour effet de les
endommager ou de perturber leur utilisation par un tiers. Vous n’êtes pas autorisé à utiliser les services
afin de tenter d’accéder de manière non autorisée à tout service, donnée, compte ou réseau, par quelque
moyen que se soit. En utilisant ces fonctionnalités ou en participant à une partie en Mode multijoueur,
vous acceptez que Microsoft ou ses agents génèrent, stockent et transmettent certaines informations qui
identifient votre ordinateur sur d’autres ordinateurs pour les besoins de la partie en Mode multijoueur.
Vous acceptez également que le logiciel continue à générer, à stocker et à transmettre ces informations
relatives au jeu lorsque cela est nécessaire pendant que vous jouez une partie en Mode multijoueur. Vous
acceptez que la partie en Mode multijoueur ne soit pas vérifiée ni sous le contrôle du fabricant ou de
l’installateur, de Microsoft ou de leurs agents. Vous reconnaissez et acceptez que le fabricant ou
l’installateur, Microsoft et leurs agents n’aient aucun contrôle ni aucune responsabilité sur votre expérience
pendant que vous utilisez le Mode multijoueur, sur tout contenu ou sur toute autre information ou donnée
que vous créez, rencontrez ou recevez, y compris les conversations, pendant que vous jouez une partie en
Mode multijoueur. Vous reconnaissez et acceptez que le Mode multijoueur puisse ne pas être toujours
disponible ou exempt d’erreurs, et que Microsoft ou ses agents puissent mettre fin au Mode multijoueur à
tout moment sans vous en avertir.
4. CHAMP D’APPLICATION DE LA LICENCE. Le logiciel n’est pas vendu mais concédé sous licence. Le
présent contrat vous confère certains droits d’utilisation du logiciel. Le fabricant ou l’installateur et
Microsoft se réservent tous les autres droits. Sauf si la loi en vigueur vous confère d’autres droits,
nonobstant la présente limitation, vous n’êtes autorisé à utiliser le logiciel qu’en conformité avec les termes
du présent accord. À cette fin, vous devez vous conformer aux restrictions techniques contenues dans le
logiciel qui vous permettent de l’utiliser d’une certaine façon. Pour plus d’informations, consultez la
documentation relative au logiciel. Vous n’êtes pas autorisé à :
contourner les restrictions techniques contenues dans le logiciel ;
reconstituer la logique du logiciel, le décompiler ou le désassembler, sauf dans la mesure où ces
opérations seraient expressément permises par la réglementation applicable nonobstant la présente
limitation ;
effectuer plus de copies du logiciel que ce qui n’est autorisé dans le présent contrat ou par la
réglementation applicable, nonobstant la présente limitation ;
publier le logiciel en vue d’une reproduction par autrui ;
louer ou prêter le logiciel ou
utiliser le logiciel en association avec des services d’hébergement commercial.
5. COPIE DE SAUVEGARDE. Vous êtes autorisé à effectuer une (1) copie de sauvegarde du support du
logiciel. Vous ne pouvez l’utiliser que dans le but de réinstaller le logiciel.
6. DOCUMENTATION. Tout utilisateur disposant d’un accès valable à votre ordinateur ou à votre réseau
interne est autorisé à copier et à utiliser la documentation à titre de référence et à des fins internes.
7. PREUVE DE LICENCE (« Proof of License » ou « POL »). Si vous avez acquis le logiciel sur le
dispositif, sur un disque ou sur tout autre support, une étiquette authentique de Certificat d’authenticité
Microsoft (« Certificate of Authenticity » ou « COA ») accompagnant une copie authentique du logiciel
permet d’identifier qu’il s’agit d’un logiciel sous licence. Pour être valable, l’étiquette doit être apposée sur
le dispositif ou l’emballage du logiciel du fabricant ou de l’installateur. Si vous recevez l’étiquette
séparément, elle n’est pas valable. Vous devez conserver l’étiquette sur le dispositif ou l’emballage pour
prouver que vous êtes autorisé à utiliser le logiciel. Pour savoir si un logiciel Microsoft est authentique,
rendez-vous sur le site www.howtotell.com.
8. TRANSFERT À UN TIERS. Vous êtes autorisé à transférer le logiciel directement à un tiers uniquement
avec le dispositif, l’étiquette de Certificat d’authenticité (« Certificate of Authenticity » ou « COA ») et le
présent contrat. Avant le transfert, le tiers doit reconnaître que cet accord s’applique au transfert et à
l’utilisation du logiciel. Vous n’êtes pas autorisé à en conserver une copie.
9. RESTRICTIONS À L’EXPORTATION. Le logiciel est soumis à la réglementation américaine en matière
d’exportation. Vous devez vous conformer à toutes les réglementations nationales et internationales en
matière d’exportation concernant le logiciel. Ces réglementations comprennent des restrictions sur les
pays destinataires, les utilisateurs finaux et les utilisations finales. Des informations supplémentaires sont
disponibles sur le site www.microsoft.com/exporting.
10. SERVICES D’ASSISTANCE TECHNIQUE. Pour le logiciel dans son ensemble, contactez le fabricant ou
l’installateur pour connaître les options d’assistance technique. Référez-vous au numéro fourni avec le
logiciel. Pour les mises à jour et suppléments obtenus directement auprès de Microsoft, Microsoft fournit
des services d’assistance technique, tels que décrits sur le site
www.support.microsoft.com/common/international.aspx.
11. INTÉGRALITÉ DES ACCORDS. Le présent contrat (y compris la garantie ci-dessous), ainsi que les
termes concernant les suppléments, les mises à jour, les services Internet et d’assistance technique que
vous utilisez constituent l’intégralité des accords en ce qui concerne le logiciel et les services d’assistance
technique.
12. DROIT APPLICABLE.
a. États-Unis. Si vous avez acquis le logiciel aux États-Unis, les lois de l’État de Washington, États-Unis
d’Amérique, régissent l’interprétation de ce contrat et s’appliquent en cas de réclamation pour rupture
dudit contrat, sans donner d’effet aux dispositions régissant les conflits de lois. Les lois du pays dans
lequel vous vivez régissent toutes les autres réclamations, notamment les réclamations fondées sur les
lois fédérales en matière de protection des consommateurs, de concurrence déloyale et de délits.
b. En dehors des États-Unis. Si vous avez acquis le logiciel dans un autre pays, les lois de ce pays
s’appliquent.
13. EFFET JURIDIQUE. Le présent contrat décrit certains droits légaux. Vous pouvez bénéficier d’autres
droits prévus par les lois de votre État ou pays. Vous pouvez également bénéficier de certains droits à
l’égard de la partie auprès de laquelle vous avez acquis le logiciel. Le présent contrat ne modifie pas les
droits que vous confèrent les lois de votre État ou pays si celles-ci ne le permettent pas.
14. LIMITATION ET EXCLUSION DE RESPONSABILITÉ EN CAS DE DOMMAGES. Hormis le
remboursement pouvant être obtenu du fabricant ou de l’installateur, vous ne pouvez
prétendre à aucune indemnisation pour les autres dommages, y compris les dommages
accessoires, spéciaux, indirects ou accidentels et les pertes de profit.
Cette limitation concerne :
toute affaire liée au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites
Internet tiers ou dans des programmes tiers ; et
les réclamations pour rupture de contrat ou violation de garantie, les réclamations en cas de
responsabilité sans faute, de négligence ou autre délit dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si :
la réparation, le remplacement ou le remboursement du logiciel ne compense pas intégralement tout
préjudice subi ; ou
le fabricant ou l’installateur, ou Microsoft, avait ou aurait dû avoir connaissance de l’éventualité de tels
dommages.
Certains États n’autorisent pas l’exclusion de garanties ou la limitation de responsabilité pour les
dommages indirects ou accessoires, de sorte que la limitation ou l’exclusion ci-dessus peut ne pas vous
être applicable. Elles peuvent également ne pas vous être applicables si votre pays n’autorise pas
l’exclusion de garanties ou la limitation de responsabilité pour les dommages indirects, accessoires ou
autres types de dommages.
*****************************************************************************
*********
GARANTIE LIMITÉE
A. GARANTIE LIMITÉE. Si vous suivez les instructions, le logiciel fonctionnera, pour l’essentiel, tel que
décrit dans la documentation de Microsoft reçue avec ou dans le logiciel.
B. DURÉE DE LA GARANTIE ; BÉNÉFICIAIRE DE LA GARANTIE ; DURÉE DE TOUTE GARANTIE
IMPLICITE. La garantie limitée couvre le logiciel pendant une durée de (90) jours à compter
de son acquisition par le premier utilisateur. Si vous recevez des suppléments, des mises à
jour ou un logiciel de remplacement au cours de ces 90 jours, ils seront couverts soit pendant
la durée de la garantie restant à courir, soit pendant 30 jours, la période la plus longue étant
applicable. Si vous transférez le logiciel, la durée de la garantie restant à courir s’applique au
destinataire.
Dans toute la mesure permise par la réglementation applicable, toute garantie implicite sera
applicable uniquement pendant la durée de la garantie limitée. Certains États n’autorisent pas les
limitations portant sur la durée d’une garantie implicite, de sorte que les limitations ci-dessus peuvent ne
pas vous être applicables. Elles peuvent également ne pas vous être applicables, car certains pays
n’autorisent pas les limitations portant sur la durée d’une garantie implicite.
C. EXCLUSIONS DE LA GARANTIE. Cette garantie ne couvre pas les problèmes engendrés par vos
propres actes (ou inexécutions), les actes d’autrui ou tout autre événement échappant au contrôle
raisonnable du fabricant ou de l’installateur, ou de Microsoft.
D. RECOURS EN CAS DE VIOLATION DE GARANTIE. Le fabricant ou l’installateur pourra, à sa
convenance, soit (i) réparer ou remplacer gratuitement le logiciel, soit (ii) rembourser le
montant payé pour le produit, le cas échéant. Le fabricant ou l’installateur peut également
réparer ou remplacer les suppléments, les mises à jour et le logiciel de remplacement ou
rembourser le montant que vous avez payé pour ces éléments, le cas échéant ; veuillez
contacter le fabricant ou l’installateur pour connaître les modalités. Ces recours sont les seuls
dont vous disposez en cas de violation de garantie limitée.
E. DROITS DES CONSOMMATEURS NON AFFECTÉS. Vous pouvez bénéficier de droits
supplémentaires relatifs aux consommateurs en vertu du droit de votre pays, que ce contrat
ne peut modifier.
F. PROCÉDURES RELATIVES AUX RÉCLAMATIONS ENTRANT DANS LE CADRE DE LA GARANTIE.
Contactez le fabricant ou l’installateur pour savoir comment obtenir un service entrant dans le cadre de la
garantie du logiciel. Pour obtenir un remboursement, vous devez vous conformer aux modalités de retour
des marchandises du fabricant ou de l’installateur.
G. AUCUNE AUTRE GARANTIE. La garantie limitée est la seule garantie directe fournie par le
fabricant ou l’installateur et Microsoft. Le fabricant ou l’installateur et Microsoft n’accordent
aucune autre garantie expresse. Dans la mesure permise par la réglementation de votre
pays, le fabricant ou l’installateur et Microsoft excluent les garanties implicites de qualité,
d’adéquation à un usage particulier et d’absence de contrefaçon. Si les lois de votre pays vous
accordent des garanties implicites, nonobstant la présente exclusion, les recours dont vous disposez
sont ceux exposés dans l’article ci-dessus relatif aux recours en cas de violation de garantie, dans la
limite autorisée par le droit de votre pays.
H. LIMITATION ET EXCLUSION DE RESPONSABILITÉ EN CAS DE VIOLATION DE GARANTIE.
L’article ci-dessus relatif à la limitation et l’exclusion de responsabilité en cas de dommages
s’applique en cas de violation de la présente garantie limitée.
La présente garantie vous confère des droits légaux spécifiques et vous pouvez également
bénéficier d’autres droits qui varient d’un État à l’autre ou d’un pays à l’autre.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT-SOFTWARE: LIZENZBESTIMMUNGEN
MICROSOFT® FLIGHT SIMULATOR X PROFESSIONAL DVD
Diese Lizenzbestimmungen sind ein Vertrag zwischen Ihnen und
dem Gerätehersteller, der die Software mit dem Gerät vertreibt; oder
dem Softwareherausgeber, der die Software mit dem Gerät vertreibt.
Bitte lesen Sie die Lizenzbestimmungen aufmerksam durch. Sie gelten für die oben genannte Software und
gegebenenfalls für die Medien, auf denen Sie diese erhalten haben. In Papierform vorliegende
Lizenzbestimmungen, die möglicherweise der Software beiliegen, ersetzen Lizenzbestimmungen, die am
Bildschirm angezeigt werden. Die Bestimmungen gelten außerdem für alle von Microsoft diesbezüglich
angebotenen
Updates
Ergänzungen
Internetbasierten Dienste und
Supportleistungen
Liegen letztgenannten Elementen eigene Bestimmungen bei, gelten diese eigenen Bestimmungen. Wenn Sie
Updates oder Ergänzungen direkt von Microsoft erhalten, werden diese von Microsoft lizenziert und nicht vom
Hersteller oder Herausgeber.
Durch die Verwendung der Software erkennen Sie diese Bestimmungen an. Falls Sie die
Bestimmungen nicht akzeptieren, sind Sie nicht berechtigt, die Software zu verwenden. Wenden
Sie sich in diesem Fall an den Hersteller oder Herausgeber, um die Software gegen
Rückerstattung oder Gutschrift des Kaufpreises zurückzugeben.
Wenn Sie diese Lizenzbestimmungen einhalten, haben Sie die nachfolgend aufgeführten Rechte
für jede Lizenz, die Sie erwerben.
1. ÜBERBLICK.
a. Software. Die Software umfasst Desktop-Anwendungssoftware.
b. Lizenzmodell. Die Software wird auf der Basis pro Kopie pro Gerät lizenziert.
2. RECHTE ZUR INSTALLATION UND NUTZUNG. Die Software wird ausschließlich für das Gerät
lizenziert, mit dem sie erworben wurde. Dieses Gerät ist das „lizenzierte Gerät“.
a. Lizenziertes Gerät. Sie sind berechtigt, eine Kopie der Software auf dem lizenzierten Gerät zu
installieren und zu verwenden. Sofern dieses Produkt nicht zusammen mit anderen Entwicklertools
angeboten wird, ist es ausschließlich für Unterhaltungszwecke bestimmt. Wenn diese Software in
Kombination mit Entwicklertools angeboten wird, kann sie sowohl mit diesen Entwicklertools als auch
zu Unterhaltungszwecken verwendet werden. In keinem Fall darf diese Software als Teil eines
genehmigten Übungsprogramms eingesetzt werden, das den Standards der FAA oder einer anderen
Aufsichtsbehörde entspricht. Die Verwendung dieser Software oder eines Teils dieser Software zum
Übertragen von Daten an ein anderes, dieser Software nicht zugehöriges Programm ist verboten.
b. Im Lieferumfang enthaltene Drittanbieterprogramme. Die Software enthält
Drittanbieterprogramme. Die Lizenzbestimmungen dieser Programme gelten für Ihre Verwendung
derselben.
c. Zusätzliche Funktionalität. Microsoft stellt für diese Software möglicherweise zusätzliche
Funktionalität bereit. Hierfür können andere Lizenzbestimmungen und Gebühren gelten.
3. INTERNETBASIERTE DIENSTE. Microsoft bietet im Rahmen dieser Software internetbasierte Dienste
an, z. B. Multiplayer-Spiele und Wetterdaten. Microsoft ist berechtigt, diese jederzeit zu ändern oder zu
kündigen. Sie sind nicht berechtigt, diese Dienste auf eine Weise zu verwenden, die sie beschädigen oder
ihre Verwendung durch andere beeinträchtigen könnte. Sie sind nicht berechtigt, die Dienste zu
verwenden, um zu versuchen, auf irgendeine Weise nicht autorisierten Zugriff auf Dienste, Daten,
Accounts oder Netzwerke zu erlangen. Durch die Verwendung dieser Funktionen bzw. die Teilnahme an
Multiplayer-Spielen stimmen Sie zu, dass Microsoft und ihre Vertreter bestimmte Informationen ermitteln,
speichern und übertragen, die im Rahmen von Multiplayer-Spielen notwendig sind, damit Ihr Computer
durch die Computer Ihrer Mitspieler identifiziert werden kann. Außerdem stimmen Sie zu, dass die
Software während der Teilnahme an Multiplayer-Spielen weitere notwendige Spieldaten ermittelt, speichert
und überträgt. Sie stimmen zu, dass das Multiplayer-Spiel nicht überwacht wird oder anderweitig der
Kontrolle des Herstellers bzw. des Herausgebers, Microsoft oder ihrer Vertreter unterliegt. Sie erkennen an
und erklären sich einverstanden, dass der Hersteller oder Herausgeber, Microsoft und deren Vertreter
weder Kontrolle noch Verantwortung übernehmen für Ihre Spielerfahrung bei einem Multiplayer-Spiel, bzw.
für Inhalte oder andere Informationen oder Daten, die Sie möglicherweise bei der Teilnahme an einem
Multiplayer-Spiel, inklusive Chat, erstellen, finden oder erhalten. Sie erkennen an und erklären sich
einverstanden, dass Multiplayer-Spiele möglicherweise nicht ununterbrochen oder fehlerfrei zur Verfügung
stehen, und dass die Verbindung zu einem Multiplayer-Spiel jederzeit und ohne vorherige Ankündigung
von Microsoft oder ihren Vertretern unterbrochen werden kann.
4. GÜLTIGKEITSBEREICH DER LIZENZ. Die Software wird lizenziert, nicht verkauft. Dieser Vertrag gibt
Ihnen nur einige Rechte zur Verwendung der Software. Der Hersteller oder Herausgeber und Microsoft
behalten sich alle anderen Rechte vor. Sie dürfen die Software nur wie in diesem Vertrag ausdrücklich
gestattet verwenden, es sei denn, das anwendbare Recht gibt Ihnen ungeachtet dieser Einschränkung
umfassendere Rechte. Dabei sind Sie verpflichtet, alle technischen Beschränkungen der Software
einzuhalten, die Ihnen nur spezielle Verwendungen gestatten. Weitere Informationen finden Sie in der
Dokumentation der Software. Sie sind nicht dazu berechtigt:
technische Beschränkungen der Software zu umgehen
die Software zurückzuentwickeln (Reverse Engineering), zu dekompilieren oder zu disassemblieren, es
sei denn, dass (und nur insoweit) es durch das anwendbare Recht ungeachtet dieser Einschränkung
ausdrücklich gestattet ist
eine größere Anzahl von Kopien der Software als in diesem Vertrag angegeben oder vom
anwendbaren Recht ungeachtet dieser Einschränkung ausdrücklich gestattet anzufertigen
die Software zu veröffentlichen, damit andere sie kopieren können
die Software zu vermieten, zu verleasen oder zu verleihen
die Software für kommerzielle Software-Hostingdienste zu verwenden.
5. SICHERUNGSKOPIE. Sie sind berechtigt, eine Sicherungskopie der Software anzufertigen. Sie dürfen
diese nur zur erneuten Installation der Software verwenden.
6. DOKUMENTATION. Jede Person, die über einen gültigen Zugriff auf Ihren Computer oder Ihr internes
Netzwerk verfügt, ist berechtigt, die Dokumentation zu Ihren internen Referenzzwecken zu kopieren und
zu verwenden.
7. ECHTHEIT DER LIZENZ. Wenn Sie die Software auf einem Gerät, einer CD oder einem anderen Medium
erworben haben, können Sie lizenzierte Software am Aufkleber „Certificate of Authenticity“
(Echtheitszertifikat) in Verbindung mit einer echten Kopie der Software erkennen. Gültig ist dieses
Zertifikat, wenn es am Gerät aufgeklebt ist bzw. auf der Softwareverpackung des Herstellers oder
Herausgebers zu finden ist. Wenn Sie den Aufkleber separat erhalten, ist er ungültig. Entfernen Sie den
Aufkleber nicht von dem Gerät oder der Verpackung, damit Sie beweisen können, dass Sie die Software
rechtmäßig verwenden. Weitere Informationen zu echter Microsoft-Software finden Sie unter
www.howtotell.com.
8. ÜBERTRAGUNG AN DRITTE. Sie können die Software mit dem Gerät, dem Echtheitszertifikat und
diesen Bestimmungen direkt an einen Dritten übertragen. Vor der Übertragung muss die Person sich damit
einverstanden erklären, dass diese Bestimmungen auf die Übertragung und die Nutzung der Software
anwendbar sind. Sie dürfen keine Kopien zurückbehalten.
9. AUSFUHRBESCHRÄNKUNGEN. Die Software unterliegt den Exportgesetzen und -regelungen der USA
sowie des Landes, aus dem sie ausgeführt wird. Sie sind verpflichtet, alle nationalen und internationalen
Exportgesetze und -regelungen einzuhalten, die für die Software gelten. Zu diesen Gesetzen gehören
Einschränkungen im Hinblick auf Bestimmungsorte, Endbenutzer und Endbenutzung. Weitere
Informationen finden Sie unter www.microsoft.com/exporting, oder wenden Sie sich an das verbundene
Unternehmen von Microsoft in Ihrem Land, siehe unter www.microsoft.com/worldwide oder für
Deutschland unter www.microsoft.com/germany oder telefonisch unter (49) (0) 89-3176-0.
10. SUPPORTLEISTUNGEN. Wenden Sie sich für allgemeinen Softwaresupport an den Hersteller oder
Herausgeber. Informationen dazu liegen der Software bei. Für Updates oder Ergänzungen von Microsoft
stellt Microsoft Supportdienstleistungen bereit, die unter
www.support.microsoft.com/common/international.aspx beschrieben werden.
11. GESAMTER VERTRAG. Dieser Vertrag (einschließlich der Garantie weiter unten) sowie die Bestimmungen
für von Ihnen verwendete Ergänzungen, Updates, internetbasierte Dienste und Supportleistungen stellen
den gesamten Vertrag für die Software und die Supportleistungen dar.
12. ANWENDBARES RECHT.
a. Vereinigte Staaten. Wenn Sie die Software in den Vereinigten Staaten erworben haben, regelt das
Gesetz des Staates Washington die Auslegung dieses Vertrags und gilt für Ansprüche, die aus einer
Vertragsverletzung entstehen, ungeachtet von Prinzipien über Gesetzeskonflikte. Die Gesetze des
Staates Ihres Wohnortes regeln alle anderen Ansprüche, einschließlich Ansprüche aus den
Verbraucherschutzgesetzen des Staates, aus Gesetzen gegen unlauteren Wettbewerb und aus
Schadenersatzverfahren.
b. Außerhalb der Vereinigten Staaten. Wenn Sie die Software in einem anderen Land erworben
haben, gelten die Gesetze dieses Landes.
13. RECHTSKRAFT. Dieser Vertrag beschreibt bestimmte gesetzliche Rechte. Möglicherweise haben Sie unter
den Gesetzen Ihres Staates oder Landes weitergehende Rechte. Möglicherweise verfügen Sie außerdem
über Rechte im Hinblick auf die Partei, von der Sie die Software erworben haben. Dieser Vertrag ändert
nicht Ihre Rechte, die sich aus den Gesetzen Ihres Staates oder Bundeslandes ergeben, sofern die Gesetze
Ihres Staates oder Bundeslandes dies nicht zulassen.
14. BESCHRÄNKUNG UND AUSSCHLUSS DES SCHADENERSATZES. Mit Ausnahme von
Rückerstattungen, die möglicherweise vom Hersteller oder Herausgeber gewährt werden,
können Sie keinen Ersatz für andere Schäden erhalten, einschließlich Folgeschäden, Schäden
aus entgangenem Gewinn, spezielle, indirekte oder beiläufig entstandene Schäden.
Diese Beschränkung gilt für:
jeden Gegenstand im Zusammenhang mit der Software, Diensten, Inhalten (einschließlich Code) auf
Internetseiten von Drittanbietern oder Programmen von Drittanbietern
Ansprüche aus Vertragsverletzungen, Verletzungen der Garantie oder der Gewährleistung,
verschuldensunabhängiger Haftung, Fahrlässigkeit oder anderen unerlaubten Handlungen im durch
das anwendbare Recht gestatteten Umfang.
Sie gilt auch:
wenn Nachbesserung, Nachlieferung oder Erstattung des Kaufpreises für die Software Sie nicht
vollständig für Verluste entschädigt
der Hersteller bzw. Herausgeber oder Microsoft von der Möglichkeit der Schäden gewusst hat oder
hätte wissen müssen.
Einige Staaten gestatten den Ausschluss oder die Beschränkung von Folge- oder beiläufig entstandenen
Schäden nicht. Daher gilt die obige Beschränkung oder der obige Ausschluss möglicherweise nicht für Sie.
Obige Beschränkung und obiger Ausschluss gelten möglicherweise auch deshalb nicht für Sie, weil Ihr
Land den Ausschluss oder die Beschränkung von beiläufig entstandenen Schäden, Folgeschäden oder
sonstigen Schäden nicht gestattet.
*****************************************************************************
*********
BESCHRÄNKTE GARANTIE
A. BESCHRÄNKTE GARANTIE. Wenn Sie die Anweisungen befolgen, wird die Software im Wesentlichen
arbeiten wie in den Microsoft-Materialien beschrieben, die Sie in oder mit der Software erhalten.
B. LAUFZEIT DER GARANTIE; GARANTIEEMPFÄNGER; DAUER VON KONKLUDENTEN
GEWÄHRLEISTUNGEN. Die beschränkte Garantie gilt 90 Tage ab dem Erwerb der Software
durch den ersten Nutzer. Wenn Sie während dieser 90 Tage Ergänzungen, Updates oder
Ersatzsoftware erhalten, fallen diese für den Rest des Garantiezeitraums oder 30 Tage lang
unter die beschränkte Garantie, wobei der längere Zeitraum maßgeblich ist. Wenn Sie die
Software übertragen, gilt für den Empfänger der restliche Zeitraum der Garantie.
Im durch das anwendbare Recht gestatteten Umfang gelten Implied Warranties oder Implied
Guarantees (konkludente Gewährleistungen oder Garantien) nur während der Laufzeit der
beschränkten Garantie. Einige Bundesstaaten gestatten keine zeitliche Begrenzung einer Implied
Warranty. Daher gelten die vorstehenden Beschränkungen möglicherweise nicht für Sie. Sie gelten
möglicherweise auch deshalb nicht für Sie, weil einige Länder unter Umständen keine zeitliche Begrenzung
einer Implied Warranty oder Implied Guarantee gestatten.
C. GARANTIEAUSSCHLÜSSE. Diese Garantie deckt keine Probleme ab, die durch Ihre Handlungen (oder
unterlassenen Handlungen), die Handlungen anderer oder Ereignisse außerhalb zumutbarer Einflussnahme
des Herstellers, Herausgebers oder Microsoft verursacht werden.
D. ANSPRÜCHE BEI VERLETZUNG DER GARANTIE. Der Hersteller oder Herausgeber wird nach
eigenem Ermessen die Software entweder (i) kostenlos reparieren oder ersetzen, oder (ii)
den gegebenenfalls für das Produkt gezahlten Betrag zurückerstatten. Der Hersteller oder
Herausgeber repariert oder ersetzt möglicherweise auch Ergänzungen, Updates und
Ersatzsoftware oder erstattet den gegebenenfalls dafür gezahlten Betrag. Wenden Sie sich an
den Hersteller oder Herausgeber, um weitere Informationen zu den geltenden Richtlinien zu
erfahren. Dies sind Ihre einzigen Ansprüche im Falle einer Verletzung der beschränkten
Garantie.
E. VERBRAUCHERRECHTE NICHT BERÜHRT. Möglicherweise haben Sie unter den örtlich
anwendbaren Gesetzen zusätzliche Verbraucherrechte, die durch diesen Vertrag nicht
abgeändert werden können.
F. GARANTIEVERFAHREN. Wenden Sie sich an den Hersteller oder Herausgeber, um weitere
Informationen zu Garantieleistungen für die Software zu erhalten. Für eine Rückerstattung müssen Sie die
Richtlinien des Herstellers oder Herausgebers erfüllen.
G. KEINE ANDEREN GARANTIEN. Die beschränkte Garantie ist die einzige direkte Garantie vom
Hersteller, Herausgeber oder Microsoft. Der Hersteller oder Herausgeber und Microsoft
gewähren keine anderen ausdrücklichen Gewährleistungen und Garantien. Im durch das
örtlich anwendbare Recht gestatteten Umfang schließen der Hersteller, der Herausgeber und
Microsoft Implied Warranties der Gebrauchstauglichkeit, Eignung für einen bestimmten
Zweck und Nichtverletzung von Rechten Dritter aus. Wenn Ihnen das örtlich anwendbare Recht
ungeachtet dieses Ausschlusses Implied Warranties oder Implied Guarantees gewährt, sind Ihre Ansprüche
in der oben stehenden Klausel „Ansprüche bei Verletzung der Garantie“ beschrieben, soweit das örtlich
anwendbare Recht dies gestattet.
H. BESCHRÄNKUNG UND AUSSCHLUSS DES SCHADENERSATZES FÜR VERLETZUNGEN DER
GARANTIE. Die oben stehende Klausel „Beschränkung und Ausschluss des Schadenersatzes“
gilt für Verletzungen dieser beschränkten Garantie.
Diese Garantie gewährt Ihnen bestimmte Rechte; möglicherweise stehen Ihnen je nach
Bundesstaat weitergehende Rechte zu. Sie können auch von Land zu Land unterschiedliche
weitergehende Rechte haben.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
TÉRMINOS DE LICENCIA DEL SOFTWARE DE MICROSOFT
DVD DE MICROSOFT® FLIGHT SIMULATOR X PROFESSIONAL
Los presentes términos de licencia constituyen un contrato entre usted y
el fabricante de dispositivos que distribuye el software junto con el dispositivo; o bien
el instalador de software que distribuye el software con el dispositivo.
Sírvase leerlos detenidamente. Son de aplicación al software arriba mencionado, el cual incluye los medios en
los que lo haya recibido, en su caso. Los términos de la licencia en papel impreso que puedan incluirse con
el software ocupan el lugar de cualquier término de licencia en pantalla. Estos términos de licencia también
serán de aplicación a los siguientes elementos de Microsoft:
actualizaciones,
suplementos,
servicios basados en Internet y
servicios de soporte técnico
correspondientes a este software, a menos que existan otros términos aplicables a dichos elementos. En tal
caso, se aplicarán dichos otros términos. Si obtiene actualizaciones o suplementos directamente de Microsoft,
es Microsoft, no el fabricante o instalador, quien le otorga las licencias.
Al hacer uso del software, usted estará aceptando estos términos. Si usted no los acepta, no use
el software. En su lugar, póngase en contacto con el fabricante o instalador para conocer su
directiva de devoluciones para obtener un reembolso o crédito.
Si usted cumple los presentes términos de licencia, tendrá los siguientes derechos para cada
licencia que adquiera.
1. INTRODUCCIÓN.
a. Software. El software incluye el software de aplicaciones de escritorio.
b. Modelo de licencia. Las condiciones de otorgamiento de la licencia de software son de una copia
por dispositivo.
2. DERECHOS DE INSTALACIÓN Y USO. La licencia de software se asigna permanentemente al
dispositivo con el que adquirió el software. Ese dispositivo será el “dispositivo con licencia”.
a. Dispositivo con licencia. En el dispositivo con licencia podrá instalar y utilizar una copia del
software. Excepto cuando se vende con herramientas de desarrollo, este software es solamente para
entretenimiento. Cuando el software se vende con herramientas de desarrollo, puede utilizarse tanto
con dichas herramientas como con propósitos de entretenimiento. En cualquier caso, este software
no puede formar parte de un programa de formación aprobado de acuerdo con los niveles de la FAA
ni de ninguna otra agencia reguladora. Se prohíbe el uso de este software o de cualquier parte del
mismo para transferir datos a otro programa no relacionado con el software
b. Software de terceros incluido. El software contiene programas de terceros. Los términos de
licencia de dichos programas serán de aplicación al uso que usted haga de esos programas.
c. Funcionalidad adicional. Es posible que facilitemos funcionalidad adicional para el software. En
tales casos, podrán ser de aplicación otros términos de licencia y estar sujetos a cargos.
3. SERVICIOS BASADOS EN INTERNET. Microsoft proporciona con el software servicios basados en
Internet que incluyen la partida multijugador y datos meteorológicos. Microsoft podrá modificarlos o
cancelarlos en cualquier momento. Usted no podrá utilizar dichos servicios de una manera tal que pueda
perjudicar u obstaculizar su uso por otros usuarios. Usted no podrá utilizar los servicios para intentar
acceder sin autorización a cualquier servicio, dato, cuenta o red, sean cuales fueren los métodos. Al
utilizar dichas funciones o participar en una Partida multijugador, usted acepta que Microsoft o sus
representantes puedan generar, almacenar y transmitir determinada información que identifique su
ordenador ante otros ordenadores para la Partida multijugador. Asimismo, acepta que el software pueda
continuar generando, almacenando y transmitiendo la información de la partida que sea necesaria
mientras usted participa en la Partida multijugador. Usted acepta que la Partida multijugador no sea
supervisada ni controlada de ninguna manera por el fabricante o el instalador, ni por Microsoft o sus
representantes. Usted reconoce y acepta que el fabricante o el instalador, Microsoft y sus representantes
no tienen control ni responsabilidad de sus actividades mientras participa en la Partida multijugador, ni de
ningún contenido u otra información o datos que pueda crear, encontrar o recibir, incluida cualquier
conversación, mientras participa en la Partida multijugador. Usted reconoce y acepta que la Partida
multijugador puede no estar constantemente disponible o funcionar sin errores, y que Microsoft o sus
representantes podrán suspenderla en cualquier momento sin previo aviso.
4. ALCANCE DE LA LICENCIA. El software se cede bajo licencia y no es objeto de venta. El presente
contrato sólo le otorga algunos derechos de uso del software. El fabricante o instalador y Microsoft se
reservan todos los demás derechos. A menos que la legislación aplicable le otorgue más derechos a pesar
de esta limitación, usted sólo podrá utilizar el software tal como lo autoriza expresamente el presente
contrato. Al hacerlo, deberá ajustarse a las limitaciones técnicas del software que sólo permiten utilizarlo
de determinadas formas. Para obtener más información, consulte la documentación del software. Usted
no podrá:
eludir las limitaciones técnicas del software,
utilizar técnicas de ingeniería inversa, descompilar o desensamblar el software, excepto y únicamente
en la medida en que ello esté expresamente permitido por la ley a pesar de la presente limitación
hacer más copias del software de las que especifica este contrato o permite la legislación vigente a
pesar de esta limitación;
hacer público el software para que otros lo copien;
alquilar, arrendar o ceder el software; o
utilizar el software para prestar servicios de alojamiento de software comercial.
5. COPIA DE SEGURIDAD. Usted puede realizar una única copia de seguridad del soporte del software.
Usted sólo podrá utilizarla para volver a instalar el software.
6. DOCUMENTACIÓN. Toda persona que tenga acceso válido a su ordenador o a la red interna puede
copiar y utilizar la documentación a efectos de consulta internos.
7. PRUEBA DE LICENCIA (“Proof of License” o “POL”). Si usted adquirió el software instalado en un
dispositivo, o en un disco u otro soporte físico, la etiqueta genuina de Certificado de Autenticidad de
Microsoft que viene con una copia original del software indica que el software tiene licencia. Para que esta
etiqueta sea válida, debe estar adherida al dispositivo o aparecer en el paquete de software del fabricante
o instalador. La etiqueta no será válida si la recibe por separado. Deberá conservar la etiqueta en el
dispositivo o en el paquete a fin de justificar que tiene licencia para utilizar el software. Para identificar un
software original de Microsoft, consulte www.howtotell.com.
8. TRANSFERENCIA A UN TERCERO. Usted sólo puede transferir el software directamente a un tercero
junto con el dispositivo, la etiqueta de Certificado de Autenticidad y este contrato. Antes de la
transferencia, el tercero deberá aceptar la aplicación de los términos del presente contrato a la
transferencia y uso del software. Usted no puede conservar ninguna copia.
9. RESTRICCIONES EN MATERIA DE EXPORTACIÓN. El software está sujeto a las leyes y disposiciones
en materia de exportación de los Estados Unidos de América. Usted debe cumplir todas las leyes y
disposiciones en materia de exportación internacionales y nacionales que sean de aplicación al software.
Estas leyes incluyen restricciones de los destinos, usuarios finales y uso final. Para obtener información
adicional, visite www.microsoft.com/exporting.
10. SERVICIOS DE SOPORTE TÉCNICO. Para el software en general, póngase en contacto con el
fabricante o el instalador para obtener opciones de soporte técnico. Consulte el número de soporte técnico
proporcionado con el software. Para las actualizaciones y suplementos obtenidos directamente de
Microsoft, Microsoft proporciona soporte técnico tal como se describe en
www.support.microsoft.com/common/international.aspx
11. CONTRATO COMPLETO. Este contrato (incluida la garantía que aparece más abajo) y los términos
aplicables a suplementos, actualizaciones, servicios basados en Internet y servicios de soporte técnico que
usted utilice, constituyen el contrato completo en relación con el software y los servicios de soporte
técnico.
12. LEGISLACIÓN APLICABLE.
a. Estados Unidos. Si usted adquirió el software en los Estados Unidos de América, la interpretación
del presente contrato se regirá por la legislación del Estado de Washington, que será de aplicación a
las reclamaciones por incumplimiento del mismo, independientemente de sus normas de conflicto de
leyes. Para todas las demás reclamaciones, será aplicable la legislación de su Estado de residencia,
incluyendo las reclamaciones en virtud de las leyes estatales en materia de protección al consumidor,
competencia desleal y responsabilidad extracontractual.
b. Fuera de los Estados Unidos. Si usted adquirió el software en otro país, será aplicable la
legislación de dicho país.
13. EFECTOS LEGALES. El presente contrato describe determinados derechos legales. Es posible que usted
disponga de otros derechos en virtud de la legislación de su Estado o país. Asimismo, usted puede
disponer de derechos frente al revendedor del software. Este contrato no modifica los derechos de los que
usted dispone en virtud de la legislación de su Estado o país, si dicha legislación lo prohíbe.
14. LIMITACIÓN Y EXCLUSIÓN DE LA RESPONSABILIDAD. A excepción del reembolso que le
proporcione el fabricante o instalador, usted no podrá obtener indemnización alguna por
daños de otra índole, incluidos los daños consecuenciales, especiales, indirectos o
incidentales, así como tampoco por lucro cesante.
Esta limitación se aplica a
cualquier cuestión relacionada con el software, servicios, contenidos (incluido el código) que se hallen
en sitios de Internet de terceros, o programas de terceros, así como a
reclamaciones por incumplimiento de contrato, incumplimiento de garantía o condición,
responsabilidad objetiva, negligencia u otra responsabilidad extracontractual hasta el límite permitido
por la legislación vigente.
También se aplica incluso si
la reparación, sustitución o reintegro del precio del software no le compensa plenamente por las
pérdidas en que usted haya incurrido, o si
el fabricante o instalador, o Microsoft conocían o deberían haber conocido la posibilidad de que se
produjesen dichos daños.
Algunos Estados no admiten la exclusión o limitación de la responsabilidad por daños consecuenciales o
incidentales, por lo que es posible que la limitación o las exclusiones precedentes no sean de aplicación a
su caso. También pueden producirse situaciones en las que no puedan aplicarse a su caso porque su país
no admite la exclusión o limitación de daños consecuenciales, incidentales o de otra índole.
*****************************************************************************
*********
GARANTÍA LIMITADA
A. GARANTÍA LIMITADA. Si usted sigue las instrucciones, el software se ejecutará sustancialmente como
se describe en los materiales de Microsoft que haya recibido con el software o dentro del mismo.
B. DURACIÓN DE LA GARANTÍA; BENEFICIARIO DE LA GARANTÍA; ALCANCE DE LAS GARANTÍAS
IMPLÍCITAS. La garantía limitada cubre el software hasta 90 días después de su adquisición
por parte del primer usuario. Si durante esos 90 días usted recibe suplementos,
actualizaciones o sustituciones del software, estarán cubiertos por lo que reste de la garantía
o, como mínimo, durante 30 días. Si usted transfiere el software, lo que reste de garantía se
aplicará al adquirente.
En la medida en que lo permita la legislación, todas las garantías y condiciones implícitas
tendrán vigencia únicamente durante el período de vigencia de la garantía limitada. Sin
embargo, algunos Estados no admiten limitaciones en cuanto a la duración de una garantía implícita, por
lo que es posible que estas limitaciones no sean de aplicación en su caso. Es posible que tampoco se
apliquen en su caso debido a que algunos países no admiten limitaciones en cuanto a la duración de una
garantía o condición implícita.
C. EXCLUSIONES DE LA GARANTÍA. Esta garantía no cubre los problemas causados por acciones (u
omisiones) de usted, acciones de terceros o eventos más allá del control razonable del fabricante o
instalador, o Microsoft.
D. RECURSOS LEGALES ANTE UN INCUMPLIMIENTO DE LA GARANTÍA. El fabricante o el
instalador decidirá a su propia discreción si (i) repara o sustituye el software sin coste o (ii)
devuelve la cantidad pagada por el producto, si existió dicho pago. El fabricante o instalador
puede también reparar o sustituir los suplementos, actualizaciones y sustituciones del
software o reembolsarle la cantidad que haya pagado por ellos, en su caso; póngase en
contacto con el fabricante o instalador para consultar esta política. Los mencionados son los
únicos recursos de que usted dispondrá en el caso de incumplimiento de la garantía limitada.
E. DERECHOS DEL CONSUMIDOR NO AFECTADOS. Es posible que la legislación de su Estado o
país le otorgue derechos de consumidor adicionales que el presente contrato no pueda
modificar.
F. PROCEDIMIENTOS DE LA GARANTÍA. Póngase en contacto con el fabricante o el instalador para
saber cómo obtener el servicio para el software incluido en la garantía. Para un reembolso, debe cumplir
con las directivas de devolución del fabricante o del instalador.
G. EXCLUSIÓN DE OTRAS GARANTÍAS. La garantía limitada constituye la única garantía directa
del fabricante o instalador, o Microsoft. El fabricante o instalador, o Microsoft no otorgan
ninguna otra garantía ni condición explícitas. En la medida en que así lo permita la legislación
de su Estado o país, el fabricante o instalador y Microsoft excluyen las garantías implícitas de
comerciabilidad, de idoneidad para una finalidad general o particular y ausencia de infracción.
Si la legislación de su Estado o país le otorga a usted cualesquiera garantías o condiciones implícitas a
pesar de lo previsto en esta cláusula, los recursos de que usted dispondrá serán los dispuestos en la
anterior cláusula "Recursos ante un incumplimiento de la garantía", en la medida en que la legislación de
su Estado o país así lo permita.
H. LIMITACIÓN Y EXCLUSIÓN DE RESPONSABILIDAD POR UN INCUMPLIMIENTO DE LA
GARANTÍA. La anterior cláusula sobre "Limitación y exclusión de la responsabilidad" será de
aplicación a cualquier incumplimiento de la presente garantía limitada.
Esta garantía le otorga derechos legales específicos, aunque usted también podrá disponer de
otros derechos. Dichos derechos pueden variar en función del país.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT® FLIGHT SIMULATOR X DELUXE DVD
These license terms are an agreement between you and
the device manufacturer that distributes the software with the device; or
the software installer that distributes the software with the device.
Please read them. They apply to the software named above, which includes the media on which you received
it, if any. Printed paper license terms, which may come with the software, take the place of any on-
screen license terms. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates
or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the
software. Instead, contact the manufacturer or installer to determine its return policy for a
refund or credit.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with
which you acquired the software. That device is the “licensed device.”
a. Licensed Device. You may install and use one copy of the software on the licensed device. Except
where this software is sold with development tools, this software is for entertainment purposes only.
Where this software is sold with development tools, it may be used with those development tools as
well as for entertainment purposes. In any event, this software cannot be part of an approved
training program under the standards of the FAA or any other regulatory agency. Use of this software
or any part of it to transfer data to another program is not related to the software is prohibited.
b. Included Third Party Programs. The software contains other third party programs. The license
terms with those programs apply to your use of them.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other
license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software including
multiplayer play and weather data. It may change or cancel them at any time. You may not use these
services in any way that could harm them or impair anyone else’s use of them. You may not use the
services to try to gain unauthorized access to any service, data, account or network by any means. By
using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may
generate, store and transmit certain information that identifies your computer to other computers for
purposes of Multiplayer Play. You also agree that the software may continue to generate, store and
transmit such game information as necessary while engaged in Multiplayer Play. You agree that
Multiplayer Play is not supervised or otherwise under the control of manufacturer or installer, Microsoft, or
their agents. You acknowledge and agree that manufacturer or installer, Microsoft, and their agents have
no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or
other information or data you may create, encounter or receive, including chat, while you are engaged in
Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or
operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time
without notice to you.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to
use the software. The manufacturer or installer and Microsoft reserve all other rights. Unless applicable
law gives you more rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. For more information, see the software documentation. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law,
despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software media. You may use it only to reinstall
the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy
and use the documentation for your internal, reference purposes.
7. PROOF OF LICENSE. If you acquired the software on a device, or on a disc or other media, a genuine
Microsoft Certificate of Authenticity label with a genuine copy of the software identifies licensed software.
To be valid, this label must be affixed to the device or appear on the manufacturer’s or installer’s software
packaging. If you receive the label separately, it is invalid. You should keep the label on the device or
packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see
www.howtotell.com.
8. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and this agreement, directly to a third party. Before the transfer, that party must agree
that this agreement applies to the transfer and use of the software. You may not retain any copies.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
10. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support
options. Refer to the support number provided with the software. For updates and supplements obtained
directly from Microsoft, Microsoft provides support as described at
www.support.microsoft.com/common/international.aspx.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the entire agreement for the
software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws
of your state or country. You may also have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of your state or country if the laws
of your state or country do not permit it to do so.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or
installer may provide, you cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
*****************************************************************************
*********
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as
described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The
limited warranty covers the software for 90 days after acquired by the first user. If you
receive supplements, updates, or replacement software during those 90 days, they will be
covered for the remainder of the warranty or 30 days, whichever is longer. If you transfer the
software, the remainder of the warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only
during the term of the limited warranty. Some states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to you. They also might not apply to you because some
countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond the reasonable control of the manufacturer or
installer, or Microsoft.
D. REMEDY FOR BREACH OF WARRANTY. The manufacturer or installer will, at its election,
either (i) repair or replace the software at no charge, or (ii) refund the amount paid for the
product, if any. The manufacturer or installer may also repair or replace supplements,
updates and replacement software or provide a refund of the amount you paid for them, if
any; contact the manufacturer or installer about its policy. These are your only remedies for
breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your
local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. Contact the manufacturer or installer to find out how to obtain warranty
service for the software. For a refund, you must comply with the manufacturer’s or installer’s return
policies.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from the
manufacturer or installer, or Microsoft. The manufacturer or installer, and Microsoft give no
other express warranties, guarantees or conditions. Where allowed by your local laws, the
manufacturer or installer, and Microsoft exclude implied warranties of merchantability,
fitness for a particular purpose and non-infringement. If your local laws give you any implied
warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy
for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation
on and Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state. You may also have other rights which vary from country to country.
The New Zealand government requires the following terms.
DISCLAIMERS, NOTICES AND CAUTIONARY NOTES
PLEASE READ THESE DISCLAIMERS, NOTICES AND CAUTIONARY NOTES CAREFULLY. THEY CONTAIN
IMPORTANT PROVISIONS RELATING TO YOUR USE OF THE TOPOGRAPHIC DATA SET OUT IN THIS WORK
(“THE DATA”) AND THE LIABILITY OF LINZ TO YOU (IN EACH CASE, TO THE EXTENT THAT THE DATA IS
DERIVED OR PROCURED FROM LINZ OR LINZ COPYRIGHT). IN USING THE DATA YOU ARE DEEMED TO BE
BOUND BY THE DISCLAIMERS AND NOTICES, AND TO BE AWARE OF THE CAUTIONARY NOTES.
Note: References in these disclaimers, notices and cautionary notes to “LINZ” are references to Her Majesty
The Queen in right of New Zealand acting by and through Land Information New Zealand.
NOTICE RELATING TO REPLICATION
1. You agree that you will include these disclaimers, notices and cautionary notes (that is, the introductory
comments set out above, along with this clause 1 and clauses 2 to 6 below), in full text, for the benefit of
LINZ, in any derivative works, compilations, copies, modified versions or reproductions (“Other Editions”) that
you make of or from the Data and you will use your best endeavours to ensure that any third parties to whom
you directly or indirectly supply such Other Editions shall also comply with this obligation.
NOTICE RELATING TO INDEMNIFICATION
2. You agree to indemnify LINZ and hold LINZ harmless against all losses, demands, costs and liabilities
suffered and incurred by LINZ resulting from any claim by any third party which claim arises from or in
connection with any copying of, modification to, creation of compilations or derivative works from/using,
and/or on-supply of the Data by you or by any third party receiving the Data from you.
DISCLAIMERS AND CAUTIONARY NOTES
No representations or warranties
3. Without limiting any other disclaimers, notices, and cautionary notes set out in this work:
3.1. The scale, resolution, generalisation and vertical integration specifications and accuracy tolerances of the
Data are those expressed in the data documentation guide included in the CD-ROM set which originally
contained the Data derived from, or supplied by, LINZ (“the Data Dictionary”). While all reasonable efforts
have been made by LINZ to ensure that the Data is as accurate as practicable within the bounds of those
specifications and tolerances, LINZ makes no representations and gives no warranties that the Data is free
from errors, omissions or other inaccuracies. You agree to release LINZ from all liability (whether in contract,
tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the
Data.
3.2. LINZ also makes no representations and gives no warranties that the Data, as delivered, will be capable
of being processed on your computer equipment and software. You agree that LINZ has no obligations to
install or convert the Data for use with your computer equipment and software (such installation and
conversion being entirely at your own risk), nor does LINZ have any obligation for training you or your
personnel in the use of the Data. Further, you acknowledge that the only technical documentation LINZ is
obligated to supply to you is that contained in the Data Dictionary or elsewhere in the Data itself.
3.3. LINZ gives no warranty that the Data will be free from infection, viruses or destructive code. LINZ shall
not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or
viruses that may infect, your computer equipment or software due to your use, installation or conversion of the
Data;
No liability for loss or damage arising from use
4. LINZ shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for
any loss or damage, sustained by you or any other person, directly or indirectly from any use whatsoever of
the Data (even if LINZ has been advised of the possibility of such loss or damage). Such loss/damage
includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss
and loss of data.
5. In particular, but without limiting the foregoing provision, LINZ will not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss or damage whatsoever arising from any
modification or amendment made to the Data or any compilation or derivative work created from or using the
Data, in each case whether made by you or by any other person.
LINZ’s cap on liability
6. In the event that any exclusion of LINZ’s liability set out in these disclaimers, notices, and cautionary notes
is held inapplicable or unenforceable, LINZ’s liability under or in connection with, or arising out of any use,
reproduction, modification, or creation of compilations or derivative works of or from the Data (by you or by
any other person), whether that liability arises in tort (including negligence), contract, equity or on any other
basis, shall be limited to the GST exclusive fees (if any) paid by you directly to LINZ for the Data which gave
rise to the said loss or damage.”
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