Add On Licence

Rail Simulator add-on product - End User Licence Agreement

IMPORTANT: This End-User License Agreement ("EULA") is an agreement between you (“You”) (individual or organization purchasing and downloading the Software) and Rail Simulator Developments Limited (“RSDL” or “Us” or “We”) of Compton House, Walnut Tree Close, Guildford GU1 4TX, United Kingdom for the add-on software (“Software”) that accompanies this EULA, which includes computer software and online or electronic documentation. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY CONTACT RSDL FOR A REFUND, IF APPLICABLE.

1. RSDL grants You the following rights. In return, You must comply with the terms and conditions herein.

2. You have a non exclusive, personal licence to download and install the Software on a single computer and to use the Software in accordance with the user instructions which We publish.

3. The Software is solely for use with a legally acquired copy of Rail Simulator only. You must not use the Software with any other simulator or product, or with a copy of Rail Simulator that does not comply with the licence agreement for that product. RSDL will not be held responsible for the consequences of attempting to use the Software with any other simulator.

4. The Software contains copy protection. You must not tamper with, disable, or attempt to circumvent, this copy protection.

5. You must not reverse engineer, decompile or disassemble any of the Software.

6. You may install the Software up to three times on Your own computer. If You need to re-install more than three times, You will need to repurchase the Software.

7. RSDL reserves the right to make improvements to this product at any time and without notice.

8. Except as expressly permitted in this agreement, no part of the Software may be copied, reproduced, translated or reduced to any electronic medium or machine-readable form without the prior written consent of RSDL.

9. Except as expressly provided in this EULA, RSDL and its licensors each makes no warranties, conditions or representations express or implied, with respect to this product, its quality, merchantability, or fitness for any particular purpose.

10. These terms and conditions do not affect or prejudice the statutory rights of a purchaser in any case where a purchaser is a consumer acquiring goods otherwise than in the course of a business.

11. Limited Transmission Warranty
RSDL warrants to the original purchaser of the Software that the Software will be transmitted to You free from transmission errors for 45 days from the date of purchase. During such period, You will have the option to re-download the Software if there were transmission errors, by contacting RSDL at the address above or emailing productreplacement@railsimulator.com, together with a dated proof of purchase, a statement describing the transmission error, and a return address. This warranty is in addition to, and does not affect Your statutory rights in any way. This warranty does not apply to the Software itself, which is provided “as is”, nor does it apply to media on which You have stored the Software.

12. Special terms relating to User Generated Content
RSDL grants You a non exclusive, personal limited licence to modify certain aspects of the Software using the modification tools supplied with Rail Simulator or officially provided and correctly licensed add-on tools for that product (the resulting work which You create being “User Generated Content”). This licence is subject to the following terms, which are in addition to the terms which users of the Rail Simulator are bound under the terms of the licence for that product and any associated downloads (see www.railsimulator.com for details of these terms):

a. RSDL and its licensors retain and reserve all rights to all copyright and all other intellectual property rights in all parts of the Software (including without limitation the assets and data) which are subsequently included within any User Generated Content.

b. You must not create copy or distribute any User Generated Content which includes unauthorised or unlawful content, any content which infringes the intellectual property rights or other rights of any person, or any content which is obscene or defamatory, or any content which RSDL or its licensors deems in its sole discretion to be offensive, harmful or prejudicial.

c. You accept that User Generated Content is not supported by RSDL or its licensors. You are solely responsible for ensuring that User Generated Content functions properly with Rail Simulator.

d. You may not exploit User Generated Content for commercial purposes (including without limitation by licensing selling or distributing User Generated Content in return for money or any other form of consideration) unless you agree to the terms for creating commercial add-ons supplied with Rail Simulator. RSDL or its licensors may allow third parties to commercially exploit User Generated Content on different terms (which may, in some circumstances, including payment to RSDL or its licensors). If You wish to enquire about such terms should visit www.railsimulator.com for further details.

e. You must not modify any executable file or distribute any User Generated Content which contains a modified executable file.

13. You may not sub-license any right granted to You in this agreement.

14. You may not transfer the Software or the benefit of this agreement to any person.

15. You may not use the Software for any unlawful purpose or any purpose not expressly described in the documentation published by RSDL.

16. This agreement shall remain in force until either: (i) You breach any of its terms or (ii) You decide to stop using the Software; or (iii) 10 years after the date of downloading the Software. If any such event occurs: You shall delete the Software and any associated documentation distributed by us.

17. All notices, approvals and other communications to be given to RSDL shall be in writing and shall be sent by registered letter to the address as set out in this agreement.

18. This agreement constitutes the entire agreement between Us and You relating to the Software. You acknowledge that You have agreed the terms of this agreement in reliance only on the representations, warranties and promises expressly contained in this agreement. Except as expressly set out in this agreement, RSDL disclaims any further representations (except fraudulent misrepresentations), warranties, conditions or other terms, express or implied.

19. You shall load and use the Software at Your own risk and in no event will We be liable to You for any loss or damage of any kind (except personal injury or death resulting from our negligence or loss or damage resulting from any fraudulent misrepresentation made by us) including lost profits or other economic loss, or any consequential, indirect or special loss or damage howsoever arising, including loss or damage arising from Your use of or inability to use the Software, or from errors or deficiencies in them whether caused by negligence or otherwise, except as expressly provided in this EULA. Except in respect of personal injury or death resulting from our negligence or loss or damage resulting from any fraudulent misrepresentation made by us, in no event shall our liability exceed £50.

20. No failure on our part to exercise or to enforce any right given to Us by this Contract or at law or any custom or practice of ours at variance with this Contract shall constitute a waiver of our rights under this Contract, or operate so as to prevent the exercise or enforcement of any such right at any time.

21. If any provision of this Contract is held to be invalid or unenforceable, in whole or in part, that provision or part shall to that extent be deemed not to form part of this Contract. However, the validity and enforceability of the remainder of this Contract shall not be affected.

22. This Contract shall be governed by and construed in accordance with English law and We and You submit to the exclusive jurisdiction of the English courts. No term of this Contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Contract.