IGODISPATCH FOR IXEG'S BOEING-733 (DESKTOP) ================================================ END USER LICENSE AGREEMENT ================================================ This End-User License Agreement (this "EULA") is a legal agreement between you ("Licensee") and Igor Tupitsyn (iGoApp) ("Licensor"), the author of iGoDispatch, including all HTML, files, XML files, Java files, graphic files, data files, technology, development tools, scripts and programs, both in object code and source code (the "Software"), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and "online" or electronic documentation. By installing, copying, or otherwise using this Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use this Software. 1. Grant of License A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software. The Software is being distributed by digital download. B) Installation and Use. Licensee may install and use a maximum of three (3) copies of the Software and make multiple back-up copies of the Software, solely for Licensee's personal use. 2. Description of Rights and Limitations A) Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation, or required by Licenses of the third party libraries used in this Software. B) Update and Maintenance. Licensor shall provide updates and maintenance on the Software on an as needed basis. C) Separation of Components. The Software is licensed as a single product. Its components may not be separated. 3. Title to Software Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Software, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties. 4. Intellectual Property All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor, with the exception of all of the above owned by the third parties and used in the Software. These third parties are identified in the document entitled "THIRD-PARTY-LICENSES" provided along with the Software. The use of the third-party images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information in commercial products is explicitly granted by their authors as set forth in their Licenses. The Software is protected by all applicable copyright laws and international treaties. 5. Use of OpenStreetMap This Software uses OpenStreetMap (OSM) and downloads tiles provided by OSM. As outlined in the OSM Tile Usage Policy (https://operations.osmfoundation.org/policies/tiles/), access to the OSM tile servers may be blocked without prior notice if any users or patterns of usage cause problems to the service. Although this Software currently meets the requirements that users of tile.openstreetmap.org must adhere to, these requirements may change in the future depending on available resources. As such, the Licensee agrees that all or some functionalities of this Software related to map and tile services provided by OSM are not guaranteed to be fully available through the life of this Software and may become temporarily or permanently unavailable without a prior notice by the Licensor. In case OSM map and tiles are no longer available for use with this Software, the Licensor will do his best to promptly fix this and/or replace the OSM map and tiles with another free map library, if it is available and can be incorporated in this Software. Nevertheless, the Licensor cannot guarantee whether and when this will be done. 6. Use of METAR and NOAA Winds Aloft Data This Software may need to connect to Internet in order to download current METAR weather reports and winds aloft data provided by the National Oceanic and Atmospheric Administration (NOAA). Licensor shall not be liable to Licensee if these data are no longer provided by these services and/or if the Internet Service Provider of Licensee blocks access to these services. 7. Privacy Policy THIS SOFTWARE DOES NOT COLLECT OR STORE ANY DATA. IT DOES NOT SEND YOUR CONTACT OR ANY OTHER PERSONAL INFORMATION. Licensor does not have any server database to store any data. The only time Licensor would see your data is when you send Licensor an email containing a bug report. These reports are meant for debugging purposes only. Your emails are deleted once a bug has been resolved or when there is no further communication from your side. Before your emails are deleted, they are stored on Netfirms.com servers. YOUR EMAIL ADDRESSES ARE NOT SHARED WITH ANY THIRD PARTY. 8. Support Licensor will provide on-line support, available during normal business hours (EST) through the support forums: - http://forums.x-pilot.com/forums/topic/ 11012-igodispatch-for-ixegs-boeing-733/ Facebook, and email (igodispatch@igoapp.ca). Licensor will endeavour to provide technicalsupport in a prompt manner to the extent possible. Licensor shall not be liable to Licensee,or any other person or entity claiming through Licensee in case technical support cannot be provided for reasons beyond Licensor's control. 9. Duration. This EULA is perpetual or until A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or B) Terminated or suspended by Licensor, with or without cause. In the event this EULA is terminated, you must cease use of the Software and destroy all copies of the Software. 10. Jurisdiction This EULA shall be deemed to have been made in, and shall be constructed pursuant to the laws of the Province of Ontario, Canada, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Ottawa, Ontario, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorney's fees. This EULA is made within exclusive jurisdiction of Canada, and its jurisdiction shall supersede any other jurisdiction of either party's election. 11. Non-Transferable This EULA is not assignable or transferable by Licensee without the prior written consent of Licensor, and any attempt to do so shall be void. 12. Severability No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable. 13. Use of the Software THIS SOFTWARE IS FOR X-PLANE FLIGHT SIMULATION PURPOSES ONLY! THE SOFTWARE MUST NOT BE USED FOR REAL FLIGHT PLANNING, AVIATION OR NAVIGATION PURPOSES. 14. WARRANTY DISCLAIMER LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE. 15. LIMITATION OF LIABILITY LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR'S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE. 16. Entire Agreement This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA. For additional information regarding this EULA, please contact: Igor Tupitsyn http://www.igoapp.ca igodispatch@igoapp.ca