1. ACCEPTANCE OF TERMS
X-Aviation, comprised of the internet site www.x-aviation.com (the "X-Aviation site"), provides the information and services on the X-Aviation site to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of the X-Aviation site constitutes agreement with such Terms.
Before using the X-Aviation site, please carefully read this agreement relating to your use of the X-Aviation site. By using the X-Aviation site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the X-Aviation site.
2. ELECTRONIC COMMUNICATION
When using the X-Aviation website or sending emails to X-Aviation, you are contacting us electronically. You thus consent to receive electronic answers from us. We will contact you either via email.
The X-Aviation online shop sells products that are appropriate and allowed for children. Using the shop system is however only permissible for adults with a minimum age of 18 years. If you are under 18 years of age you may use the X-Aviation online shop only with consent of your statutory representative.
4. REGISTRATION AND USER ACCOUNT
4.1. A download order shall require registration with X-Aviation (creating a user account).
4.2. Every user may only create one user account. The user account cannot be transferred to third parties.
4.3. Registration is free of charge.
4.4. You can use your email address and a self-determined password for registration.
4.5. After successful registration you will receive an email confirmation and an open-ended user account.
4.6. The used password shall be kept confidential and shall not be forwarded to third parties. You are solely and to full-extent responsible for keeping it confidential. X-Aviation shall be notified immediately of any unauthorized use of the user account as well as any suspect thereof.
4.7. All information necessary for registration shall be made complete and accurate. Failure to provide truthful information when registering will result in an account to be terminated, licenses revoked, and no refunds will be given.
4.8. X-Aviation shall be entitled to save and process your data provided during the registration process pursuant to the data protection regulations.
4.9. You may terminate your user account at any time. For this purpose, please send us an email with your termination request to the following email address: firstname.lastname@example.org.
Effective May 4th, 2017, all aircraft, plugins, and object based scenery have unlimited downloads and no expiry date. RealScenery products are excluded from this policy, as they are not object based scenery packs and hosted on premium bandwidth servers.
6. SOFTWARE END-USER LICENSE
X-Aviation shall provide you with software for download. The following end-user license shall stipulate granting of a software license and any relating documentation by X-Aviation to you.
USE AND REPRODUCTION RIGHTS
You shall have the right to use the software permanently within the necessary scope for the intended use, which is outlined below.
You shall be entitled to reproduce the software only if the respective reproduction is necessary for using the program. This shall particularly include the program installation from the original data carrier to mass storage of the employed hardware as well as loading the program onto the main memory. You are allowed to copy the software once in order to make a back-up copy. The back-up copy shall be marked as such and replaces the original if the original is lost or unusable. Further reproductions, particularly for commercial use of the software shall not be permitted.
You may use the software on any hardware available to you, so long as it belongs to you. You may however save, use or store the software only on one hardware device at a time. Prior to software installation on another hardware device, you shall be obligated to delete the software from the currently used hardware device. If you are found to be sharing software or committing piracy with any other individual who has not purchased software, your account is subject to termination without refund.
Software usage shall be only permissible for private and non-commercial use. You shall have no right to lease out the software, or even share it with anyone else.
If you wish to reengineer, decompile or disassemble the software for achieving internet operability with other computer programs, you shall be obligated to contact X-Aviation prior to decompilation and request the necessary information for achieving such inter-operability. X-Aviation shall not be obligated to provide you with this information.
7.1. X-Aviation shall not be liable for customer damage claims. X-Aviation shall only be liable for damages arising from body, life or health violations or from violations of material contractual duties (cardinal duties) as well as for damages for other damages arising from intentional and gross negligent breach of duty of X-Aviation, its statutory agents or vicarious agents. Material contractual duties are duties that are required to make proper performance of the contract possible and on whose fulfillment you can rely.
7.2. In the event of violation of material contractual duties X-Aviation shall only be liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless, damages arising from injury to life, body or health are present.
7.3. The restrictions stipulated under ciphers 8.1. and 8.2. shall also apply for duty violations of vicarious agents and statutory agents of X-Aviation if claims are made directly against these.
7.4. You shall be responsible for your data backup.
7.5. You acknowledge that we cannot technically warrant one-hundred percent availability of the X-Aviation website. We strive however to make the website constantly available. Particularly maintenance, security or capacity matters as well as unforeseeable events may lead to short-term disruptions or preliminary suspension of services on the X-Aviation website.
8. PAYMENT DISPUTES
8.1. Downloadable, intangible software is non-refundable and you accept this when submitting your order. If you dispute a charge your account will be terminated and all purchases will be removed along with it. Your license(s) will no longer work, and your computer(s) associated to your account will be banned for life from use of any X-Aviation products.
9. FINAL PROVISIONS
9.1. If one provision of these terms and conditions shall be void, the remainder of the contract shall remain unaffected thereof. The void provision shall, if applicable, be replaced by the statutory provisions.
9.2. The laws of the United States of America shall apply, specifically in the state of Florida.
9.3. The exclusive place of jurisdiction for all disputes directly or indirectly resulting from the contractual relationship shall be the competent court at X-Aviations registered seat of business if you are an entrepreneur, a legal entity of public law or a special public fund, or have no general place of jurisdiction within the United States of America or relocated your residence/business seat after application of these Terms abroad and outside the United States of America.