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Frontier Elite 2 Copyright (C) 1995-2001, Frontier Developments Ltd All rights reserved. SOFTWARE LICENCE AGREEMENT FOR FRONTIER ELITE 2 This SOFTWARE License Agreement ("AGREEMENT") is a legal agreement between you (an individual, company or a single entity), and Frontier Developments Ltd ("AUTHOR") for the computer program entitled FRONTIER ELITE 2, any associated software components, media, printed materials, "online" or electronic documentation, any enclosed documentation and/or accompanying items ("SOFTWARE"). This AGREEMENT states the terms and conditions upon which AUTHOR offers to licence the SOFTWARE. This agreement is binding upon you as well as anyone taking any action with regard to your copy of the SOFTWARE at your direction or not. You should carefully read the following terms and conditions before using this SOFTWARE. AUTHOR has the right to grant any licenses for any users based solely on AUTHOR's decision. Unless you have a different licence AGREEMENT signed by AUTHOR your use of this SOFTWARE indicates your acceptance of this licence AGREEMENT and warranty. By installing, running or copying to a computer or otherwise using this SOFTWARE, you agree to be bound by the terms and conditions of this AGREEMENT. TERMS AND CONDITIONS 1. EVALUATION LICENCE. This is not free software. Subject to the terms and conditions of this AGREEMENT, AUTHOR grants you the limited right to use the SOFTWARE for evaluation purposes without charge for a period of 30 (thirty) days ("Evaluation Period"). If you use the SOFTWARE after the Evaluation Period you must pay the registration fee of 5 (Five Pounds Sterling). You may not copy any of the printed material (if any) for any reason. You have no ownership or proprietary rights in or to the SOFTWARE. You agree that the SOFTWARE will not be used, in any manner, in violation of any applicable law. 2. COPYRIGHT. The SOFTWARE is owned and copyrighted by AUTHOR and is protected by United Kingdom copyright laws, other copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. AUTHOR reserves all the rights regarding the SOFTWARE. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that all ownership, title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE "Proprietary Rights"), and any copies you are permitted to make herein remain the exclusive property of AUTHOR or its suppliers and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices, which appear on and in the SOFTWARE. All ownership, title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This AGREEMENT grants you no rights to use such content. You acknowledge that this AGREEMENT in no way shall be construed to provide an express or implied license to use, modify or improve any of the content of the SOFTWARE, including without limitation, any works, inventions, discoveries, technology or other items which are the subject matter of AUTHOR's Proprietary Rights or otherwise to use or exploit the SOFTWARE or the Proprietary Rights in any matter not expressly permitted herein. You have no ownership or proprietary rights in or to the SOFTWARE. AUTHOR authorises usage of the SOFTWARE only in accordance with the terms and conditions stated in this AGREEMENT. You may not remove any copyright or proprietary notices from the SOFTWARE. 3. GENERAL USAGE. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose. You agree to provide notice to AUTHOR immediately after learning of or having reason to suspect a breach of any of the provisions set forth in this AGREEMENT. You agree to prevent any unauthorised copying of the software. You may not permit other individuals to use or permit concurrent use of the SOFTWARE except under the terms listed herein. Neither you, anyone at your direction, nor any third party, shall take the following actions with regard to the SOFTWARE, or any portion thereof to modify, change, decompile, recompile, disassemble, reverse engineer, adapt, create derivative works, translate, create or derive any of the source code or other technology or data within the SOFTWARE, reduce the SOFTWARE to a human-perceivable form or reproduce the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. In any event, you will notify AUTHOR of any information derived from reverse engineering or such activities and the results thereof will constitute confidential information of AUTHOR, which may be used only in connection with the SOFTWARE. 4. COMMERCIAL USAGE. Any commercial use is prohibited. Under no circumstances shall you, the end-user, be permitted, allowed or authorised to commercially exploit the SOFTWARE, or any portion thereof. Neither you, anyone at your direction nor any third party shall take the following actions with regard to the SOFTWARE, or any portion thereof to sell, rent, lend, lease, sublicense, grant a security interest in, commercially exploit or use the SOFTWARE for any commercial purpose. 5. DISTRIBUTION. Limited Distribution License for Redistribution of Evaluation Copy. You may without making any payment to AUTHOR make copies of the evaluation SOFTWARE as you wish; give exact copies of the original evaluation SOFTWARE to anyone; and distribute the evaluation SOFTWARE in its unmodified form via electronic means (either directly or through the posting of a copy of the SOFTWARE on the Internet, BBS's, Shareware distribution libraries, CD- ROMs, etc.) to third parties who are interested in evaluating the SOFTWARE except for the purpose of extending their evaluation period; provided that you comply with each of the following: i) You distribute the SOFTWARE unmodified and in its entirety (with this AGREEMENT and any copyright or other proprietary notices intact and unaltered); ii) Anyone to whom you distribute the SOFTWARE is subject to this AGREEMENT. iii) You are bound by the terms and conditions of this AGREEMENT while you continue to distribute copies of the Evaluation version nonwithstanding termination of this license agreement for use of the software. iv) You may not charge any fee for the copy or use of the evaluation SOFTWARE or costs in connection with such distribution; v) You must not represent in any way that you are selling the SOFTWARE itself. vi) Your distribution of the evaluation SOFTWARE will not entitle you to any compensation from AUTHOR. vii) You promptly cease distribution upon the request of AUTHOR ix) In no case may this product be bundled with hardware or other non-evaluation copy of software without written permission from AUTHOR. x) Permission to distribute the SOFTWARE is not transferable, assignable, saleable, or franchisable. Each entity wishing to distribute the package must independently satisfy the terms of the AGREEMENT. xi) User Groups and Magazines may include the SOFTWARE on CD-ROM or floppy collections subject to the terms of this license provided such collections are not sold for profit. xii) Information Service Providers may post the SOFTWARE on an information service which charges for general connection time but not for the specific right to download the SOFTWARE, subject to the terms of this license. 6. UPDATES. AUTHOR reserves the right to update the contents of the SOFTWARE and its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of or any obligation to, any licensed users or distributors. 7. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. AUTHOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SOFTWARE ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. AUTHOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR MEET ANY REQUIREMENTS, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, AUTHOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AUTHOR OR AUTHOR'S AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AUTHOR OR AUTHOR'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE PERSON USING THE SOFTWARE BEARS ALL RISK ARISING OUT OF USE OF OF THE SOFTWARE AND THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES WHETHER ORAL OR WRITTEN. NO ONE BUT AUTHOR IS AUTHORISED TO MAKE MODIFICATIONS OR ADDITIONS TO THIS WARRANTY. 8. REMEDIES AND LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, INCLUDING NEGLIGENCE, SHALL AUTHOR, ITS SUPPLIERS NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE FOR OR PROVIDE REMEDY TO YOU OR ANY OTHER PERSON FOR INCLUDING, WITHOUT LIMITATION ANY LOST DATA, LOST SAVINGS, LOST REVENUE OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, PUNITIVE, CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR ANY OTHER DAMAGES OF ANY CHARACTER ARISING FROM NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTACT, ANY LEGAL THEORY OR OUT OF THE DELIVERY, PERFORMANCE OR USE OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AUTHOR OR AUTHORS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL AUTHOR'S TOTAL LIABILITY TO YOU FOR ANY CLAIM, DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. HIGH RISK ACTIVITIES. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). AUTHOR AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD AUTHOR HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE. 9. TRANSFER. You may permanently transfer all of your rights under this AGREEMENT provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and retain none, and the recipient agrees to the terms of this AGREEMENT. Nether this AGREEMENT nor any part or portion of it shall be assigned or sublicensed, except as described herein. 10. TERM. This AGREEMENT is effective until terminated. You may terminate this AGREEMENT at any time by destroying the SOFTWARE, and all copies thereof. This AGREEMENT will terminate immediately without notice from AUTHOR if you fail to comply with any provision of this AGREEMENT. Without prejudice to any other rights, AUTHOR may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. Upon termination you must destroy the SOFTWARE and all copies thereof and AUTHOR may enforce any rights provided by law. 11. INDEMNIFICATION. You hereby agree to indemnify, hold harmless and defend AUTHOR, his family, relatives, licensees, sub-licensees, distributors and lawyers against any and all damages, losses, claims, courses of action, lawsuits, liabilities, judgements and all expenses arising from, resulting to, or in connection with a breach of this AGREEMENT by you and arising from, relating to, or in connection with your use or non-use of the SOFTWARE. 12. RESTRICTED RIGHTS. The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1) and (2) of the Rights in Technical Data and Computer SOFTWARE clause at DFARS 252.227-7013 (Oct 1988), or at 252.211-7015 (Jun 1987), and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Frontier Developments Ltd, Saxon Farm, Longmeadow, Lode, Cambridge, CB5 9HA, England. If you are evaluating the purchase of the SOFTWARE for use by the federal government or any of its agencies, you need to enter into a separate restricted rights agreement with Frontier Developments Ltd. If you are using this software outside the U.S. you agree to be bound by the applicable laws in your country. 13. SURVIVAL. Should any provision of this AGREEMENT be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this AGREEMENT shall not constitute or be construed as a waiver of such provision or the right to enforce the provision. The following provisions shall survive the expiration or early termination of this AGREEMENT: paragraphs 2., 3., 4. and 11. 14. ENTIRE AGREEMENT. This AGREEMENT constitutes the entire AGREEMENT between you, and AUTHOR and supersedes any prior written or oral agreement concerning the SOFTWARE. AUTHOR is not bound by any action, statements, or any provisions made by anyone else. No modification or change in this AGREEMENT shall be valid or binding upon AUTHOR unless in writing. 15. APPLICABLE LAW. This AGREEMENT shall be governed by the laws of the United Kingdom. You agree to jurisdiction and venue in the courts located in Cambridge, U.K. for all claims, disputes and litigation arising under or related to this AGREEMENT. The export of this product is governed by U.K. export regulations. BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. If you do not agree with the terms and conditions of this AGREEMENT or do not understand any of them you should un-install and destroy your copy of the SOFTWARE immediately. Should you have any questions concerning this License, or if you desire to contact Frontier Developments Ltd for any reason, please visit Frontier Development's website at http://www.frontier.co.uk or write to: Frontier Developments Ltd, Saxon Farm, Longmeadow, Lode, Cambridge, CB5 9HA, England

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