Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service and the Game (“Frontier pilot simulator”, “game”, ). By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Terms of Service (ToS, “Document”) is a legal agreement between you (either in your individual capacity, or on behalf of an entity), hereafter sometimes referred to as “you,” “Licensee,” or “End User” and RAZAR s.r.o. (Razar, “us”, “company”) in order to give you a license to use the Service as set forth in this document , as well as to use the additional (mandatory) services provided by RAZAR s.r.o.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Third Party Content
- The use of the Service may utilize links or include third party content, software or other copyrighted material (“Third Party Content”). Your use of such third party material is governed by their respective terms and conditions. By accepting this ToS, you are also accepting the additional terms and conditions, of the third party . RAZAR s.r.o. expressly disclaims any all warranties in connection with the Third Party Content, and shall have no liability in connection therewith. You further acknowledge that Razar S.R.O. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
- Your use of the Game may allow you to connect with third party applications or websites (“Third Party Applications”). Your use of such third party material is governed by their respective terms and conditions. By accepting this ToS, you are also accepting the additional terms and conditions, of the third party . RAZAR s.r.o. expressly disclaims any all warranties in connection with the Third Party Content, and shall have no liability in connection therewith. You further acknowledge that Razar S.R.O. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, good.
- RAZAR s.r.o., a.s is not liable for costs arising out of services demanded by the Licensee that are not provided by RAZAR s.r.o. . This shall in particular apply to costs of data transfer from or to the Licensee’s device to a third party.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
Ownership/Intellectual Property Rights:
- The Game is protected by intellectual property laws and treaties. The rights to use the Game as set out in this ToS are licensed, not sold, to you by RAZAR s.r.o.
- Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Game. This EULA does not authorize you to use RAZAR s.r.o. Games or its licensors names or any of their respective trademarks.
- As between you and RAZAR s.r.o., RAZAR s.r.o. is the owner of all right, title and interest in and to the Game (including all copyrights, trademarks and patents) regardless of the media or form of the Game; whether online, by disk or otherwise.
- You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, RAZAR s.r.o.Games exclusive right and title to the Game or the validity thereof.
- You must not reproduce, sell, or exploit for any commercial purposes any part of the Service or the Game, or any services or materials available through the Service of the game..
- Under the condition that:
– You have legally acquired the rights to the Game,
– paid the applicable price and
– have registered and You hold valid User Account,
RAZAR s.r.o. grants You a personal, limited, non-exclusive license to install and use the Game for your personal, noncommercial use solely as set forth in this ToS and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Game or rights to use the Game. The term of your license shall commence on the date that you start to download, install or otherwise use the Game, and shall end on the earlier of the date that you dispose of the Game or RAZAR s.r.o.Games termination of this agreement.
- You may download the Game from an authorized source. The number of copies that you can download during a consecutive period of days may be limited. You may not make a copy of the Game available on a network where it could be used by multiple users at the same time. You may not make the Game available over a network where it could be downloaded by multiple users.
- You acknowledge and agree that the Game may use information regarding your computer, hardware, media, software and your use of the Game to validate your license rights and to update the Game.
- You agree that the Game may automatically download and install updates, upgrades and additional features that RAZAR s.r.o. deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation RAZAR s.r.o. Game, a.s. may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features.
For clarity, the foregoing permissions are limited to the Service and the Game, and no rights are granted with respect to any servers, computers, or databases associated with the Service and the Game.
- During the process of registration and unlocking, updating or upgrading the Game and when technical support is provided, RAZAR s.r.o. may collect and use technical information for improvement of the Game or for support purposes.
- RAZAR s.r.o. may track and collect information from your use of the Game and aggregate such Data. This Data is anonymous. You may decide whether or not this Data to be aggregated by RAZAR s.r.o.
- RAZAR s.r.o. knows that information about our customers is an important part of our business. RAZAR s.r.o. would never sell Your personally identifiable information to anyone, nor would it ever use spyware or install spyware on users machines.
- Personal information that You give RAZAR s.r.o. directly and information that RAZAR s.r.o. collects as specified in section b. of this article will be used for purposes such as improving our products and services, troubleshooting bugs and otherwise to improve your user experience.
- Further information about RAZAR s.r.o. data collection and privacy policies for the user account can be found at razar.cz/en/privacy-policy/.
Limitation of Liability
- RAZAR s.r.o. shall only be liable without restriction according to the statutory provisions for any damages of the Licensee caused by intentional or gross negligent conduct of RAZAR s.r.o. or its agents. The same applies to personal injury and damages according to the Czech Product Liability Act or comparable laws in other jurisdictions that may apply.
- Otherwise, the liability of RAZAR s.r.o. for damage claims – for whatever legal reason – is limited in accordance with the following conditions, unless otherwise provided by an explicit guarantee of RAZAR s.r.o. for damages caused by slight negligence, RAZAR s.r.o. is only liable insofar as they cause damage to contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations which must be fulfilled in order to ensure orderly implementation of the contract and in whose observance the Licensee should be able to trust. Insofar as RAZAR s.r.o. is responsible for simple negligence hereafter, the liability of RAZAR s.r.o. is limited to the typically foreseeable losses.
- The above liability restrictions shall also apply to agents of RAZAR s.r.o.
- You agree that provisions in this License that limit liability are essential terms of this Licence.
- Licensee agrees to indemnify, defend and hold harmless RAZAR s.r.o. and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from
(a) your breach of any term of this EULA;
(b) your violation of any rights of any third party; or
(c) your use or misuse of the Game.
Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
RAZAR s.r.o. may terminate this ToS immediately when Licensee breaches terms and condtions . RAZAR s.r.o. is justified immediately to inhibit the Licensee to use the Game .
Governing Law/Place of Performance and Jurisdiction/Dispute Resolution:
- Exclusively Czech law applies, with the exception of the its conflicts of law rules, even if the Licensee has his/her residential or business seat abroad. If the Licensee is a Consumer, this choice of law shall not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
- For all present and future claims from this Agreement, the exclusive jurisdiction is Prague. The same jurisdiction applies if the Licensee has no general jurisdiction inside Czech Republic, if he/she relocates his/her residence or habitual abode out of the country, or if his/her residence or habitual abode is not known at the time of institution of legal proceedings. Mandatory regulations of the Council Regulation (EC) on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters are unaffected hereby.
- The Licensee can only offset claims of RAZAR s.r.o. with undisputed or legally established counterclaims. The Licensee can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the Licensee’s claims against RAZAR s.r.o. is prohibited.
- All rights not explicitly granted in this agreement are reserved.
- The failure or delay of RAZAR s.r.o. to exercise any of its rights under this ToS or upon any breach of this ToS shall not be deemed a waiver of those rights or of the breach.
- This agreement constitutes the complete and exclusive agreement between RAZAR s.r.o. and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
- Notwithstanding any provisions in this Agreement to the contrary, we agrese that if RAZAR s.r.o. makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.