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Software License Agreement


This Software License Agreement ("Agreement") is a legal agreement between Aerosimics (hereinafter "Licensor") and the individual or entity agreeing to these terms (hereinafter "Licensee" or "User") for the use of the software product (hereinafter the "Software").

The Software refers to any of the Aerosimics software products, including, but not limited to: ARES DCS Radio, ARES Communication Server, ARES Audio Recorder, ARES Air Traffic Control, ARES Airspace Designer.

By installing, copying, accessing, or otherwise using the Software, the Licensee agrees to be bound by the terms of this Agreement.

1. Grant of License

1.1 License Purchase and Term

The Licensee hereby acknowledges and agrees that by completing the purchase process, the Licensee is acquiring only a time-limited right to use the Software, and not ownership of the Software itself, its intellectual property, or any copies thereof.

1.2 Scope of License

Subject to the terms and conditions of this Agreement and payment of the applicable license fees, Licensor grants the Licensee a limited, non-exclusive, non-transferable, revocable license to use the Software only for the specific term purchased (the "License Term").

1.3 Licensee Type and Use Restriction

The Licensee must select the appropriate license type (Personal or Entity/Commercial) at the time of purchase.

  • Entity/Commercial License: If the Licensee purchased the license as an entity (e.g., corporation, partnership, or organization), the Software may only be used for the benefit of and within the scope of that entity's business operations. It may not be used for personal, non-commercial purposes by any employee or representative of the entity.

  • Personal License: If the Licensee purchased the license as an individual for personal use, the Software may only be used for the Licensee's non-commercial, personal purposes. It may not be used for or within any entity's business operations or for commercial gain.

1.4 Use Guidelines

  • Install and use the Software on the Licensee's designated computer or device(s) only during the License Term.

  • Use the Software solely for the purpose corresponding to the purchased license type (personal or commercial).

2. Restrictions on Use

The Licensee shall not, and shall not permit any third party to:

  • Transfer: Sell, lease, rent, sublicense, assign, or otherwise transfer or distribute the Software or any rights granted herein. This license is strictly non-transferable.

  • Misuse License Type: Use an Entity License for personal purposes or a Personal License for commercial purposes.

  • Modify/Reverse Engineer: Modify, adapt, translate, reverse engineer, decompile, or disassemble the Software, except to the extent such activity is expressly permitted by applicable law notwithstanding this limitation.

  • Create Derivatives: Create derivative works based on the Software.

  • Remove Notices: Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Software.

  • Bypass Security: Bypass any security or protection measures designed to control access to the Software, including any mechanisms related to the expiration of the License Term.

3. Intellectual Property

The Software is protected by copyright and other intellectual property laws and treaties. Licensor, or its suppliers, owns and retains all right, title, and interest in and to the Software, including all intellectual property rights therein. No ownership rights in the Software are transferred to the Licensee under this Agreement.

4. Term and Termination

4.1 Commencement and Expiration

This Agreement shall commence upon the date the Licensee installs or first uses the Software and shall continue in effect only for the duration of the purchased License Term (e.g., 1 year, 3 months).

4.2 Automatic Termination

This Agreement and the License granted hereunder shall automatically terminate immediately upon the expiration of the License Term, unless the Licensee renews the license in accordance with Licensor's then-current policies.

4.3 Termination for Breach

Licensor may terminate this Agreement immediately and without notice if the Licensee breaches any material term of this Agreement, including the Licensee Type and Use Restriction (Section 1.3). Upon termination for any reason, the Licensee must immediately cease all use of the Software and destroy all copies of the Software and all of its component parts.

5. Limitation of Liability and Warranty Disclaimer

5.1 NO WARRANTY

THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.2 LICENSOR NON-LIABILITY

LICENSOR (YOUR COMPANY NAME) SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE.

THE LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT LICENSOR IS NOT LIABLE FOR ANY MISTAKES, ERRORS, OMISSIONS, OR DEFECTS IN THE SOFTWARE, AND THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE LICENSEE.

6. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of laws principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Amsterdam

7. General Provisions

7.1 Entire Agreement

This Agreement constitutes the entire agreement between the Licensor and the Licensee and supersedes all prior agreements, oral or written, concerning the subject matter hereof.

7.2 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.



Aerosimics,  Paul Schuitemahof 7, 1087 EG Amsterdam, support@aerosimics.com