EULA (End User License Agreement)
This End User License Agreement (EULA) constitute a legally binding agreement made between you, whether personally or on behalf of an entity and aktrainsims.com, concerning your access to and use of the aktrainsims.com website as well as ClientApp or any other media form, media channel, linked, or otherwise connected thereto.
You agree that by accessing the Site and downloading the Client App, you have read, understood, and agree to be bound by the terms of this EULA. If you do not agree with all of these terms, then you are expressly prohibited from using the Site and Client App and you must discontinue use immediately.
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY DOWNLOADING THE AKTRAINS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THE REQUIREMENT OF BINDING ARBITRATION FOR ALL LEGAL DISPUTES. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE AVOID DOWNLOADING THE AKTRAINS CLIENT APP.
As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:
* The Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement.
* In no event will we, our employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit, lost revenue, loss of data, or other damages arising from the use of the site, even if we have been advised of the possibility of such damages.
2. Software (Client App)
2.1 Software License.
The Service, including the Software (Client App), is licensed, not sold, to you. Subject to the terms and conditions set forth in this Agreement, AKTrains grants you a limited, revocable, nonexclusive, personal, nontransferable license during the term of this Agreement to install and use one (1) copy of the provided version of the Software in object code format, to access the Service for internal and personal purposes only, and on no more than one (1) Device. The Software is “in use” on a Device for purposes of this paragraph when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of a Device.
2.2 Software License Restrictions.
You may not (and may not allow a third party to) rent, lease, sublicense, sell, assign, loan, use for timesharing or service bureau purposes or otherwise transfer the Software or any of your rights and obligations under this Agreement. You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to circumvent any use restrictions; (d) modify or adapt the Software, merge the Software into another program or create derivative works based on the Software; or (e) use, copy or distribute the Software without AKTrains’s written authorization, except that you may make one (1) copy of the Software for archival or backup purposes only.
3. The Service
3.1 You may use the Software solely to access the Service. A computer or other equipment enabled to access the Internet (a “Device”) is required to utilize the Service. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service. The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.
3.2 AKTrains reserves the right to modify or discontinue the Service at any time without notice. AKTrains may deny access to the Service without any prior notice if you breach this Agreement, and may terminate your use of the Service. You shall not allow any third party to access the Service from your Device.
3.3 As part of the Service, AKTrains may install its own security certificates on your Device. AKTrains reserves the right to make future installs or updates to such security certificates on your Device in connection with providing the Service at any time without notice.
4. Prohibited Conduct
BY USING THE SOFTWARE OR THE SERVICE YOU AGREE NOT TO:
4.1 use the Software or the Service for any fraudulent, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, subscribers, facilities, or to any person;
4.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service, the Software or any Materials (as defined in Section 5, below);
4.3 delete the copyright or other proprietary rights on the Software or the Service;
4.4 use the Software or the Service for any illegal purpose, or in violation of any local, state, national, or international law;
4.5 use the Service or the Software for any commercial use, it being understood that the Software and the Service is for personal, non-commercial use only;
4.6 use the Software or the Service if you are not Eligible;
4.7 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software or the Service, features that prevent or restrict use or copying of the Software, or features that enforce limitations on the use of the Service;
4.8 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or the Software or any part thereof, except to the extent that such restriction is expressly prohibited by applicable law;
4.9 modify, adapt, translate or create derivative works based upon the Software or the Service or any part thereof; or
4.10 intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
5. Ownership, Propietary Rights
The Software and the Service are owned and operated by AKTrains and its partners. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service or the Software provided by AKTrains and its partners (the “Materials”) are protected by relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Software or Service (excluding any Materials on third-party websites) are the property of AKTrains or its Affiliates and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to AKTrains or its Affiliates and/or third-party licensors. As used in this Agreement, “Affiliate” means any entity directly or indirectly controlling, controlled by, or under common control with AKTrains, where “control” means ownership of more than 50% of the voting equity or membership interests of an entity or the ability to direct an entity. Except as expressly authorized by AKTrains, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. AKTrains reserves all rights not expressly granted in this Agreement.
To the fullest extent permitted by law, you agree to indemnify, save, and hold AKTrains and its Affiliates, and its third-party suppliers, licensors, and partners (collectively, the “AKTrains Entities”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your misuse of the Software or Service, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. AKTrains reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the AKtrains Entities, and you agree to cooperate with AKTrains’s defense of these claims. AKTrains will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
7. Disclaimers; No Warranties. The following provisions of this Section 7 apply to the fullest extent permitted by law:
7.1 “As is” and “As available” and “With All Faults”.
You expressly agree that use of the Service and the Software is at your sole risk. The Service, the Software and any data, information, third-party software, services, or applications made available in conjunction with or through the Service are provided on an “as is” and “as available”, “with all faults” basis and with no assurances that the Software or the Service will withstand attempts to evade security mechanisms or that there will be no cracks, bugs, disablements or other circumvention. AKTrains do not warrant that the service will be uninterrupted or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. You understand and agree that you use, access, download the Software and otherwise obtain or transmit materials, data, or other content while using the Service at your own discretion and risk.
8. Limitation of Liability and Damages. The following provisions of this Section 8 apply to the fullest extent permitted by law:
8.1 Limitation of Liability.
Under no circumstances, including, but not limited to, negligence, will AKTrains be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this Agreement or that result from your use of or your inability to use the Service or Software, or any other interactions with AKTrains, even if AKTrains is aware of the possibility of such damages and known defects.
This Agreement constitutes the entire agreement between you and AKTrains relating to the subject matter herein and will not be modified except in writing, signed by both parties.