- codelegend Turbo Pack BB58 C172 - End User Licence Agreement IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING, COPYING, USING OR OTHERWISE ACCESSING THE SOFTWARE: BY INSTALLING, COPYING, USING OR OTHERWISE ACCESSING THIS SOFTWARE YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST NOT INSTALL, COPY, USE OR OTHERWISE ACCESS THE SOFTWARE. Notice: Codelegend Turbo Pack has been designed for use with Microsoft ® Flight Simulator X. 1. Agreement This is a Software licence agreement (“Agreement”) between you (the “Licensee”) and Aidata Limited, having its registered office at Drayton House, Drayton Lane, Chichester, West Sussex, PO20 2EW, England (“Aidata”). This Agreement will terminate automatically upon the breach by you of any of its terms or conditions. 2. Definition “Software” means all of the software items and materials supplied in this package, any copy thereof, any related documentation and any updates or modifications thereto which are subsequently supplied to or downloaded by you. 3. Licence In consideration of you agreeing to abide by the terms of this Agreement, Aidata hereby grants to you a non- exclusive, non-transferable, non-sub-licensable limited licence to use the Software on the terms set out herein. There is no licence fee for the Software. 4. Licensee's undertakings Except as expressly set out in this Agreement, you undertake not to sell, rent, sublicence, assign, lease, or resell the Software, not to make alterations to, or modifications of, the whole or any part of the Software, and not to use the Software in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. 5. Intellectual property rights CODELEGEND(TM) is an unregistered trademark of Aidata. All other trademarks are either trademarks or registered trademarks of their respective owners. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. 6. Licensor's liability 6.1. Aidata gives no warranty that the Software, or the server that makes it available, will be free from infection, viruses or destructive code. Aidata shall not be liable for any loss, damage or liability caused by hacking (illegal or unauthorised access to a file or network), viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to you installing, copying, using or otherwise accessing the Software, even if Aidata knew or should have known about, or had been previously advised of the possibility of loss, damage or liability. 6.2. Aidata has no obligation to provide support, maintenance, upgrades, modifications or new releases for the Software or correct any defects to the Software. 6.3. THE SOFTWARE IS PROVIDED TO YOU WITHOUT ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND. ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARE DISCLAIMED. FOR THE AVOIDANCE OF DOUBT, AIDATA DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SOFTWARE WILL WORK WITHOUT INTERRUPTION OR THAT IT IS ERROR-FREE. IN NO EVENT WILL AIDATA BE LIABLE FOR ANY LOSS, DAMAGE OR LIABILITY IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR FROM INSTALLING, COPYING, USING OR OTHERWISE ACCESSING THIS SOFTWARE AND RELATED ITEMS, HOWEVER CAUSED, EVEN IF AIDATA KNEW OR SHOULD HAVE KNOWN ABOUT, OR HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE OR LIABILITY. AIDATA IS NOT RESPONSIBLE FOR THE ACCURACY OF, OR ANY LOSS, DAMAGE OR LIABILITY ARISING OUT OF CONTENT PROVIDED BY A THIRD PARTY THAT IS ACCESSED THROUGH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT, EVEN IF AIDATA KNEW OR SHOULD HAVE KNOWN ABOUT, OR HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE OR LIABILITY. 7. Indemnity You agree to indemnify, defend and hold Aidata harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your use of the Software or your breach of the Agreement. For the avoidance of doubt, Aidata shall not be liable for any claims of a third party to the extent that you sell, rent, sublicence, lend, assign, lease, or resell the Software, or distribute the Software, or publish the Software to a third party. 8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of England and Wales and each party submits to the non-exclusive jurisdiction of the courts of England and Wales.