This is a license agreement and not an agreement for sale.
A license agreement is a legal agreement between you, the end user (You), and Elite Simulation Solutions AG "Licensor." Please read this software license agreement "Agreement" carefully before opening the sealed disk envelope. If you do not agree with the terms and conditions of this Agreement, you should return the UNOPENED disk envelope (along with all accompanying items) within 30 (thirty) days of invoice date to the company or person from whom you purchased the package and your money will be refunded.

Ownership of the Software
1.  The enclosed ELITE software program "Software" and the accompanying written materials are owned by Elite Simulation Solutions AG, Switzerland, and are protected by United States copyright laws, by laws of other nations, and by international treaties.

Grant Of License
2.  Licensor grants to You the nonexclusive right to use one copy of the Software on a single computer in accordance with the terms of the Agreement. You may load one copy of the Software to one computer and may use that copy, or the enclosed diskettes, only on that same computer. You may not install the software on a network.

Restrictions on Use and Transfer
3.  If this Software package contains disks of different operating systems, then You may use only disks appropriat for your computer and operating system. You may not use the other disks on another computer or loan, rent, transfer, or assign them to another user except as part of the permanent transfer of the Software and all written materials (as provided for below).
4.  You may not copy the Software, except that (1) You may make one copy of the Software solely for backup or archival purposes, and (2) You may transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials.
5.  You may permanently transfer the Software and accompanying written materials (including the most recent update and all prior versions) if You retain no copies and the transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates Your license. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software, except as stated in this paragraph.
6.  You may not reverse engineer, decompile, modify, disassemble or create derivative works based upon the Software in whole or part.

Term and Termination
7.  This license terminates if You fail to comply with any provision of this Agreement. You agree upon termination to destroy the Program, with all copies, modifications and merged portions in any form, including any copy in Your computer memory or on a hard disk .

Limited Warranty
8.  Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of your receipt of the Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to You.
9.  LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING MATERIALS. This limited warranty gives You specific legal rights. You may have others, which vary from state to state.
10. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside the United States of America.
11. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.
12. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
13. This Agreement constitutes the entire agreement between You and Licensor regarding the Software and supersedes any other information, advice or representation given to You by Licensor or its dealers, distributors agents or employees. This Agreement is governed by the laws of the State of California, U.S.A. and Switzerland, whichever is applicable. If any provision of this Agreement is found to be invalid by any court of competent jurisdiction, the balance of this Agreement shall remain in full force and effect.
14. If You have any questions concerning this Agreement or wish to contact Licensors for any reason, please write
    to:
      Elite Simulation Solutions AG
      CH-8600 Duebendorf
      Switzerland

15. U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

License.txt (05.10.2023)
