ToLiss Terms and Conditions
EULA (End User License Agreement)
As described in the Simulation Manual that is provided with each ToLiss product:
1. ToLiss Simulation Solutions Inc (the “Licensor”) grants to the user (the “Licensee”) a revocable, non-exclusive and non-transferable license to download, install and use the purchased aircraft add-on for X-plane 11 and 12 (the “software”) for non-commercial purposes.
2. “Software” includes the executable program, the manuals, all digital artwork as well as any other files included in the product.
3. The intellectual property of the software as well as the copyright, the title and the distribution rights remain exclusively with the Licensor. This Agreement constitudes a license for use only and is not in any way a transfer of ownership rights to the software.
4. The software may be loaded onto no more than one computer. The Licensor tolerates usage of the same license on multiple computers in the same household.
5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity.
6. The Licensee may not make the Software available for use by one or more third parties.
7. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
8. The Software may not be used for commercial purposes unless express permission has been received in writing by the Licensor.
9. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
10. The original purchase price paid by the Licensee constitutes the entire license fee and is the full consideration for this agreement.
11. Refunds of the purchase price are only available in exceptional circumstances and need to be requested immediately after purchase with indication of the reason for the refund request. The decision about granting a refund lies with the online store where the product was purchased. Once the software has been installed and activated, the usage rights are assumed to have been executed in full and no refunds will be granted.
Limitation of Liability
12. The Software is provided by the Licensor and accepted by the Licensee “as is”. Liability of the Licensor will be limited to an amount not exceeding the original purchase price of the Software. The Licensor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other economic or business disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
13. The Software is for home entertainment purposes only and cannot be used as a flight training tool.
14. The Licensor does not warrant that use of the software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level typical for the home entertainment flight simulation platforms.
Warrants and Representations
15. The Licensor warrants and represents that it is the copyright holder of the Software and that granting the license to the Licensee is not in violation of any other agreement, copyright or applicable statute.
16. All terms, conditions, and obligations of this Agreement will be deemed to be accepted by the Licensee on installation and activation of the Software.
17. The term of this Agreement will begin on Acceptance and is perpetual.
18. This Agreement will be terminated and the Licensee forfeited when the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Licensor.
19. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
While all the information on this website has been verified to the best of our abilities, we cannot guarantee that there are no mistakes or errors. We reserve the right to update any information and prices at any time with no prior notice.