End-User License Agreement (EULA) of Fighter Royale Last Ace Flying
This End-User License Agreement (“EULA”) is a legal agreement between you and Fighter Base Publishing, Inc.
This EULA agreement governs your use of our Fighter Royale Last Ace Flying software (“Software”) directly from Fighter Base Publishing, Inc. or indirectly through a Fighter Base Publishing, Inc. authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
If you register for a free trial of the Software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA.
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 such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA, do not install or use the Software, and you must not accept this EULA.
This EULA shall apply only to the Software supplied by Fighter Base Publishing, Inc. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Fighter Base Publishing, Inc. updates, supplements, Internet-based services, and support services related to the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Fighter Base Publishing, Inc. hereby grants you a personal, non-transferable, non-exclusive, limited right and license to use the Software on your devices in accordance with the terms of this EULA.
You are permitted to load the Software on your personal computer under your control. You are responsible for ensuring your device meets the minimum requirements for operation of the Software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that Fighter Base Publishing, Inc. considers is a breach of this EULA
Acceptable Use Restrictions
not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the software, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the Software, including but not limited to the submission of any material (to the extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software or related services;
not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any our systems or attempt to decipher any transmissions to or from the servers running any Software and or related services
Intellectual Property and Ownership
Fighter Base Publishing, Inc. shall at all times retain ownership of the Software as originally downloaded and/or installed by you and all subsequent downloads and/or installations of the Software by you. The Software (and all intellectual property rights, including all copyright therein of whatever nature therein, including any modifications made thereto) are and shall remain the property of Fighter Base Publishing, Inc.
Fighter Base Publishing, Inc. reserves all rights in and to the Software not granted herein, including the right to grant licenses to use the Software to third parties.
Limitations of Liability
Our maximum aggregate liability under or in connection with this EULA and/or the Software (including your use of any related services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount of fees you have paid the Software.
This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Fighter Base Publishing, Inc. This EULA will also terminate immediately if you fail to comply with any term or condition herein. Upon termination, for any reason:
all rights granted to you under this EULA shall cease;
you must immediately cease all activities authorised by this EULA, including your use of Software and any related services;
you must immediately delete or remove the Software from all computers, and immediately destroy all copies of the Software and its documentation then in your possession, custody or control; and
we may remotely block access to the Software and cease providing you with access to any related services.
The provisions that by their nature continue and survive will survive any termination of this EULA.
Events Outside of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of any distribution platform, such as Steam or other third party platform, or any public or private telecommunications networks (“Event Outside Our Control”).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
our obligations under this EULA will be suspended for the duration of the Event Outside Our Control; and
we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
Other Important Terms
We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
This EULA, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the State of Arizona of the United States of America. In the event of a dispute related to this Agreement, you agree to the following:
- 1. You agree to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to this EULA and/or your use of the Software or any related services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree any such arbitration is final and binding and subject to only very limited review by a court. You waive the right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this EULA and/or your use of the Software or any related services. All administrative fees and expenses of arbitration will be divided equally between you and Fighter Base Publishing, Inc. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
- 2. You must first present any claim or dispute to Fighter Base Publishing, Inc. and allow an opportunity to resolve the dispute through good faith discussions. You may request arbitration if such dispute cannot be resolved within 60 days after presenting the claim or dispute to Fighter Base Publishing, Inc.. Fighter Base Publishing, Inc. may request arbitration at any time after it has notified you of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of JAMS as modified by this EULA. The place of any arbitration will be Phoenix, AZ, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this EULA provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Fighter Base Publishing, Inc., nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
- 3. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).