This End User License Agreement (“EULA”) is a legal agreement between ToLiss Simulation Solutions Inc. (“ToLiss,” “Licensor,” “we,” “us,” or “our”) and the individual who obtains, installs, activates, or uses a ToLiss Gaming software product (“Licensee,” “you,” or “your”).

By purchasing, downloading, installing, activating, or using the Software, you agree to be bound by this EULA. If you do not agree to this EULA, you must not purchase, install, activate, or use the Software.

1. Grant of License

Subject to your compliance with this EULA and the applicable ToLiss Terms & Conditions, ToLiss grants you a limited, revocable, non-exclusive, non-transferable license to download, install, and use the purchased ToLiss Gaming software (“Software”) for private, non-commercial entertainment purposes.

The license is granted to you personally and does not transfer ownership of the Software or any intellectual property rights.

Use of the Software for commercial, professional, training, research, simulator, or other business purposes requires an applicable ToLiss Professional license.

2. The Software

For purposes of this EULA, “Software” includes the applicable ToLiss Gaming product and all components provided by ToLiss, including, where applicable:
• executable files;
• aircraft models;
• aircraft systems;
• systems logic and algorithms;
• software code;
• digital artwork;
• textures;
• sounds;
• animations;
• data;
• documentation;
• manuals;
• interfaces; and
• other files, content, and assets supplied as part of the product.

3. Intellectual Property and Ownership

The Software is licensed, not sold.

All rights, title, and interest in and to the Software and its components remain with ToLiss or its licensors.

Except for the limited license expressly granted by this EULA, no rights are granted to you, whether by implication, estoppel, or otherwise.

4. Personal License and Installation

The license is personal to the Licensee.

The Licensee may install and use the Software on multiple computers within the same household for the Licensee's personal use, provided that the license remains under the control of the Licensee and is not shared with unrelated third parties.

The Software may not be made available for use by multiple unrelated individuals through shared accounts, shared activation keys, or other means.

A license may not be sold, transferred, assigned, resold, rented, sublicensed, or otherwise provided to another person.

5. Restrictions

Except where expressly permitted by applicable law, the Licensee must not:
1. copy, reproduce, or distribute the Software except as expressly permitted by this EULA;
2. make the Software available to third parties;
3. share, sell, rent, lease, sublicense, distribute, transfer, or resell the Software, license, activation key, or account;
4. assign or transfer the license to another person;
5. sell, transfer, or provide access to a ToLiss account for the purpose of allowing another person to use the Software;
6. modify, alter, adapt, translate, or create derivative works from the Software;
7. extract, reproduce, reuse, modify, incorporate, or otherwise exploit any part of the Software, including its code, systems, models, artwork, sounds, data, or other assets, for the Licensee's own benefit or for the benefit of any third party;
8. use any part of the Software or its assets in another product, application, modification, add-on, service, commercial offering, or other software product, except where expressly authorized by ToLiss;
9. reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive source code or underlying algorithms from the Software, except to the extent that such restriction is prohibited by applicable law;
10. circumvent, disable, remove, or interfere with license activation, authentication, copy-protection, or other technical protection mechanisms;
11. use the Software for commercial, professional, training, research, simulator, or other business purposes without an applicable ToLiss Professional license;
12. use the Software in connection with an unauthorized or illegitimate license or activation key; or
13. assist or permit another person to engage in any activity prohibited by this EULA.

6. License Protection and Authorized Sources

ToLiss may use technical measures to verify licenses, manage activations, detect unauthorized use, and protect the Software and its intellectual property.

A license or activation key is valid only if obtained directly from ToLiss or from an authorized ToLiss reseller or distribution channel.

A license or activation key obtained through an unauthorized, fraudulent, illegally operated, or otherwise illegitimate source may be considered invalid.

Purchasing, possessing, transferring, or using a license or activation key obtained from an unauthorized or illegitimate source constitutes a violation of this EULA.

ToLiss may suspend or terminate a license where there is evidence of:
• license sharing;
• unauthorized distribution;
• fraudulent activation;
• use of an illegitimate license or activation key;
• unauthorized commercial use;
• circumvention of technical protection measures; or
• another material breach of this EULA.

Suspension or termination may occur without refund, except where a refund or other remedy is required by applicable law.

7. Home Entertainment Use

The Software is intended solely for private flight simulation and entertainment.

The Software is not a certified aviation training device and is not intended to replace certified flight training equipment, aircraft systems, operational procedures, or professional aviation training.

The Software must not be used as the sole basis for real-world flight operations or safety-critical decisions.

8. Software Disclaimer

To the maximum extent permitted by applicable law, the Software is provided on an “as is” and “as available” basis.

ToLiss does not guarantee that the Software will be uninterrupted, error-free, or compatible with every computer, operating system, version of X-Plane, hardware configuration, plugin, modification, add-on, or third-party service.

ToLiss may modify, update, discontinue, or change features of the Software at its discretion.

Changes to X-Plane or other third-party products and services may affect the functionality or compatibility of the Software.

Nothing in this section limits any mandatory consumer rights or remedies provided by applicable law.

9. Account Responsibility

Where use of the Software requires a store account, the Licensee is responsible for maintaining the confidentiality of account credentials.

The Licensee must not permit another person to access or use the account for the purpose of using the Software.

The Licensee is responsible for activity conducted through the Licensee's account, except to the extent otherwise required by applicable law.

10. Third-Party Components and Services

The Software may include, depend upon, or interact with third-party software, libraries, platforms, services, or technologies.
Third-party components and services may be subject to their own terms and conditions.
ToLiss is not responsible for changes, interruptions, discontinuation, incompatibility, or failures of third-party software, hardware, platforms, services, or online systems.

11. Term

This EULA takes effect when the Licensee accepts it by purchasing, installing, activating, or using the Software.
The license remains in effect unless terminated in accordance with this EULA or applicable law.

12. Termination

ToLiss may suspend or terminate the license if the Licensee materially breaches this EULA or the applicable ToLiss Terms & Conditions, subject to applicable law.
Upon termination of the license, the Licensee must immediately cease using the Software and, where applicable, uninstall and delete copies of the Software in the Licensee's possession or control.
Termination does not limit any other rights or remedies available to ToLiss under this EULA or applicable law.

No refund will be provided following termination resulting from a material breach, except where a refund or other remedy is required by applicable law.

13. Changes to This EULA

ToLiss may update this EULA from time to time to reflect changes to the Software, licensing practices, business operations, or applicable legal requirements.
For existing licenses, an updated EULA will not retroactively remove rights that have already been granted where such removal would be prohibited by applicable law.
Where permitted by applicable law, continued use of the Software following notice of an updated EULA constitutes acceptance of the updated terms.

14. Governing Law

This EULA shall be governed by and interpreted in accordance with the laws of the Province of Quebec and the applicable laws of Canada, without regard to conflict-of-law principles.
Nothing in this EULA limits any rights or remedies that cannot legally be excluded or limited under applicable law.

15. Contact

For questions regarding this EULA, licensing, or technical support, please contact:
ToLiss Simulation Solutions Inc.
Email: support@toliss.com

16. Severability

If any provision of this EULA is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the remaining provisions will remain in full force and effect.

17. No Waiver

No failure or delay by ToLiss in exercising any right or remedy under this EULA will constitute a waiver of that right or remedy.
A waiver of any provision or breach will be effective only if expressly made by ToLiss and will not constitute a waiver of any subsequent breach.

18. Entire Agreement

This EULA and the applicable ToLiss Gaming Terms & Conditions constitute the entire agreement between the Licensee and ToLiss concerning the licensing and use of the Software.
If there is a conflict between this EULA and the Terms & Conditions, the provisions of this EULA will govern matters relating specifically to the license, ownership, permitted use, and restrictions applicable to the Software, while the Terms & Conditions will govern matters relating to the purchase and provision of the product.
Any mandatory rights or remedies provided by applicable law remain unaffected.