MotionHub END-USER LICENSE AGREEMENT

This End-User License Agreement (“EULA”) is a legal agreement between the licensee (“You”) and SIMFOXX.

This EULA governs Your purchase and usage of our MotionHub software ("Software") directly from SIMFOXX or indirectly through a reseller or distributor authorized by SIMFOXX (a "Reseller").

Please read this EULA carefully before completing the purchase or installation process and using the MotionHub software. It constitutes a license to use the MotionHub software and contains warranty information and liability disclaimers.

If You sign up for a free trial of the MotionHub software, this EULA also applies to that trial. By clicking "Accept" or installing and/or using the MotionHub software, You acknowledge that You accept the software and agree to be bound by the terms of this EULA Agreement.

If You are entering into this EULA on behalf of a company or other legal entity, You represent that You have the authority to bind that company and its affiliates to these terms. If You do not have such authority or do not agree to the terms of this EULA Agreement, You must not install or use the MotionHub software and You must not accept this EULA.

This EULA applies solely to the MotionHub software delivered by SIMFOXX hereby, regardless of which other software is referenced or described in here. The Terms also apply to all updates, supplements, internet-based services, and support provided by SIMFOXX for the MotionHub software, unless other terms are attached to such items upon delivery. If this is the case, these Terms shall apply.

License Grant

Assuming You pay the license fees and strictly meet all the terms and conditions, SIMFOXX hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited license to use the MotionHub software on Your device in accordance with the terms of this EULA.

The license permits You to download or install the MotionHub software on one (1) computer, laptop, mobile or tablet that is under Your control. You are responsible for ensuring that Your device meets the minimum requirements of the MotionHub software.

You are not permitted to:

  1. Use the MotionHub software for any purpose that SIMFOXX considers to be in violation of this EULA.
  2. Use the MotionHub software in a manner that violates any applicable local, national, or international law.
  3. Allow any third party to use the MotionHub software on behalf of or for the benefit of any third party.
  4. Reproduce, copy, lend, sublicense, distribute, publish, transfer, resell or otherwise use the whole or any part of the MotionHub software for any commercial purpose
  5. Edit, change, modify, adapt, translate, or otherwise alter the whole or any part of the MotionHub software.
  6. Combine the whole or any part of the MotionHub software with or to become incorporated in any other software.
  7. Decode, decompile, disassemble, or reverse engineer the MotionHub software, nor the attempt to do so.
  8. Use the MotionHub software for the development of a competing software product or service or for any other purpose that is detrimental to SIMFOXX.

In addition to the rights specified above, there are other restrictions that vary depending on the license purchased. The following defines the various restrictions for the licenses.

a. “MotionHub Standard Lifetime”

If You have purchased a “Motion Standard Lifetime” license this (a) section applies. Your license allows You to use the MotionHub software for personal, non-commercial purposes only. SIMFOXX does not permit You to use the MotionHub software on a device used in a business or commercial context.

b. “MotionHub Standard Subscription”

If You have purchased a “Motion Standard Subscription” license this section (b) applies. Your license allows You to use the MotionHub software for personal, non-commercial purposes only. SIMFOXX does not permit You to use the MotionHub software on a device used in a business or commercial context.

c. “MotionHub Enterprise”

If You have purchased a “MotionHub Enterprise” license this section (c) applies. Your license allows You to use the MotionHub software for personal or commercial purposes. It may be used on a device used in a business or commercial context. You may not transfer the MotionHub software to another user. Once the MotionHub software is installed on a device, it may be used by any person who directly operates the device as long as You are responsible for each such person's use of the MotionHub software.

Furthermore, if You are a manufacturer of simulators or simulator kits, please contact SIMFOXX for individual licensing.

Usage

You are responsible and liable for all uses of the MotionHub software that occur through access provided directly or indirectly.

In particular, and without limiting the validity of the foregoing, You are responsible and liable for all actions and failures to take required actions with respect to the MotionHub software that are unlawful or in violation of the Agreement.

Maintenance and Support

SIMFOXX will provide maintenance and support services for the MotionHub software. The maintenance and support services will include provision of such updates, upgrades, bug fixes, patches, and other error corrections (collectively, “Updates”). SIMFOXX may develop and provide Updates at its sole discretion, and You agree that SIMFOXX is under no obligation to develop Updates at all or for any particular subject matter. You further agree that all Updates shall be considered MotionHub software subject to all terms and conditions of this Agreement. You understand that SIMFOXX may provide all Updates via download from a website designated by SIMFOXX and that You will be required to have an Internet connection to receive such Updates. Internet connection is required, for which You are solely responsible. SIMFOXX is not required to provide updates via other media. Maintenance and Support Services do not include new versions or new releases of the MotionHub software that SIMFOXX issues as a separate or new product, and SIMFOXX may determine in its sole discretion whether an issue qualifies as a new version, new release, or update.

SIMFOXX is not under any obligation to provide maintenance and support services, including updates: for a version other than the latest version or release of the MotionHub software; for each copy of the MotionHub software for which not all previously released updates have been installed; if You violate the terms of this Agreement; or for any software modified in any manner other than by SIMFOXX or used with any hardware, software, configuration or operation not approved by SIMFOXX.

You can request additional features in the MotionHub software, that: You waive any claim or right to such feature should it be developed by SIMFOXX; You are prohibited from developing the Feature or providing such Feature request or Feature to a third party that competes directly with SIMFOXX, or to a third party that may be in direct competition with SIMFOXX after developing such Feature; You warrant that the Function does not infringe any patent, trademark, trade secret or other intellectual property rights of any third party; and You developed the feature exclusively conceived or created by Yourself.

Intellectual Property and Ownership

You acknowledge and agree that the MotionHub software is provided under license, and not sold, to You.

SIMFOXX retains at all times title to the MotionHub software as initially downloaded by You and to any subsequent downloads of the MotionHub software by You. The MotionHub software (and the copyright and other intellectual property rights of any kind in the MotionHub software, including any modifications made thereto) are and shall remain the property of SIMFOXX.

SIMFOXX reserves the right to grant licenses for use of the MotionHub software to third parties.

Termination

This EULA is effective as of the date You purchased or first used the MotionHub software and remains in effect until terminated. You may terminate it at any time by notifying SIMFOXX in a writing.

It will also terminate immediately if You fail to comply with any term of this EULA agreements. Upon such termination, the licenses granted by this EULA will immediately terminate and You agree to stop all access and use of the MotionHub software. The provisions that by their nature continue and survive will survive any termination of this EULA.

If SIMFOXX takes any action described in this Section, You will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to You or covered to cash or other forms of reimbursement.

Warranty; Limit of Liability

If You live in the European Economic Area (EEA) or Switzerland the MotionHub software will be provided with reasonable care and skill and no other promises or warranties about the MotionHub software is made.

If You live outside the European Economic Area (EEA) or Switzerland, the MotionHub software is provided to You “as is” and “as available” with all faults and defects. You use the MotionHub software at Your own risk. To the full extend permitted under applicable law, SIMFOXX gives no express, implied, or statutory warranties, including implied warranties of merchantability, satisfactory quality fitness for a particular purpose, noninfringement of third-party rights, and warranties arising from a course of dealing, usage of practice. SIMFOXX does not warrant against interference with Your enjoyment of the MotionHub software; That the MotionHub software will meet Your requirements; That operation of the MotionHub software will be uninterrupted or free from errors, bugs, corruption, loss, interference, hacking or viruses, or that SIMFOXX will interoperate or be compatible with any other software. SIMFOXX does not warrant or guarantee any third-party product or service that is usable as extension for the MotionHub software.

Governing Law

This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of Germany.