End User License Agreement (EULA)

This End User License Agreement ("EULA") is a binding contract between you (an "individual" or single legal entity) and EYEVIONICS SARL-S ("EYEVIONICS"). This license agreement governs the EYEVIONICS mobile application ("App") on any device and operating system, as well as any website and subdomains thereof ("Website" or "Websites", such as eyevionics.com, eyevionics.eu, eyevionics.app), application programming interfaces ("APIs"), database and any other service offered by EYEVIONICS (collectively referred to as "Service"). By installing the app or using the service, you acknowledge that you have read and understood this EULA and that you agree to be bound by this EULA, including all warranty disclaimers, indemnity and limitiaion of liability terms in the EULA. In case you do not understand or you do not agree to this EULA, do not use the Service, do not install the App, do not use the APIs and do not access or use the Websites.

By agreeing to this EULA, you also acknowledge that you have read and understood EYEVIONICS' Privacy Policy.

Scope and Nature of the License:
1. This license ("EULA"), as well as the App, the APIs, the Websites, the Service in general as well as supporting documentation and any potential customer support interactions are made available in English language only. Any other language may be added to and removed from the offered languages by EYEVIONICS at will and without effect on the validity of this license or the validity of any contract between you and EYEVIONICS.
2. This EULA can be amended or changed by EYEVIONICS at any time without prior notice and without effect on the validity of this EULA or any contract between you and EYEVIONICS. In case you do not understand or you do not agree to this EULA at a future time, do not use the Service, do not install the App, do not use the APIs and do not access or use the Websites.
3. By agreeing to this EULA, you represent and warrant that you are legally entitled to enter this EULA and that you are at least 18 years of age and competent.
4. The App, all APIs and the use of the Service in general is licensed, not sold, to you.
5. The App, all APIs and the Service is provided "as is". No warranties of any kind are given. EYEVIONICS liability to you is limited.
6. You may only use the App, APIs and the Service as agreed upon in this EULA and EYEVIONICS' Terms of Service. Refer to "2. Permitted and Prohibited Usage; Restrictions".
7. This EULA is effective until termination by EYEVIONICS.
8. Your rights arising from this EULA terminate automatically should you fail to comply with any of its terms.
9. EYEVIONICS may restrict or fully terminate access to the App, the APIs, the Websites and the Service in general at EYEVIONICS' sole discretion. Furthermore, EYEVIONICS may bring legal action against any party for any damage caused by a violation or infringement of this EULA. You may be subject to prosecution, damage claims and liabilities for violation or infringement of any term of this EULA.
10. Any third party fees arising from usage of the App, the APIs, the Websites and the Service in general to which you may be subjected to, including but not limited to mobile network operator charges for network data usage, are your sole responsibility.
11. Should any term of this EULA fail to apply in any context, the validity of other terms of this EULA is not affected.
Permitted and Prohibited Usage; Restrictions:
1. The App, any APIs and the Service in general is intended solely for recreational use in direct correlation with flight simulation computer games.
2. You acknowledge that the App, the Websites, any APIs and the Service in general are not intended for and are strictly prohibited for flight navigation, flight planning, flight training or any other kind of flight operations (including, but not limited to, commercial, recreational, rescue, military or government flight operations) as well as in correlation with air traffic control systems, flight communication systems, transport systems and machinery, vehicular navigation, maritime navigation and any other kind of system or in any other context in which usage could lead to personal injury or death or severe physical or environmental damage and you warrant that you will not use or allow a third party to use the App, the Websites, any APIs and the Service for such purposes at any time.
3. You acknowledge that you assume full responsibility for ensuring the usage of the App, the APIs and the Service in general, is compliant with all terms in this EULA, by yourself and by any third party.
4. You may not modify, alter or reproduce the App, the APIs and the Service in general or parts thereof. You may not decompile, unbundle, modify or reverse engineer the App, the APIs and the Service in general, nor may you attempt any action with the intention of revealing or reconstructing any original source code. You may not redistribute, rent, lease or sell any parts or the whole of the App, the APIs or the Service. You may not translate, redistribute or rebrand the App, the Websites, the APIs or the Service in general. You may not attempt to use the App, the Websites, the APIs, the Service in general or any portion thereof for any illicit activities, including but not limited to computer hacking, computer fraud, spying or militant activities, regardless of such activities being government sponsored or not. Sublicensing and the transfer of licenses of any parts of the Service to other accounts, another person or another legal entity is not permitted.
5. The App, the APIs, the Websites and the Service in general may include software, source code and other intellectual property from third parties; licenses hereof are listed in the release notes of the individual publication.
6. You may not attempt to circumvent any security measure of the App, the APIs and the Service in general, nor may you attempt to circumvent usage limitations imposed upon you as governed by this EULA or any other agreement between you and EYEVIONICS.
7. You may not share your account or access thereto, such as but not limited to your password or passcodes, with any other person or entity, nor may you publicly disclose any method to access your account.
8. The App must only be used in the same local area network ("LAN") as a computer that is running a supported flight simulation computer game. The number of instances of the App that can be used concurrently by your account may be limited by your plan, membership or subscription. The quality and speed of your local area network, the connection of your computer to the your local area network and your internet connection have significant impact the performance and functionality of EYEIVONICS app. You acknowledge that the quality and connection speed of your local area network as well as your internet connection are entirely your responsibilities.
9. Your mobile device may have significant impact on performance, usability and functionality of the EYEVIONICS app. It is your responsibility to verify that the device complies with published minimum system requirements.
10. Functionality of the App depends on third party software, specifically flight simulation programs not developed by EYEVIONICS. You acknowledge that EYEVIONICS cannot guarantee that said third party software will be fully supported now or at any time in the future and you acknowledge that EYEVIONICS cannot be held liable for changes to the third party software which may lead to a reduction of functionality of the App. Furthermore, you acknowledge that some features of the App may not be functional with your specific installation or setup of third party software. While EYEVIONICS attempts to limit potential defects, you agree that any defects caused by changes to third party software are explicitly not cause for arbitration or litigation against EYEVIONICS or refunds by EYEVIONICS.
Liability:
1. Use of the App, all APIs and of the Service in general is only permissible in environments and use cases described under "2. Permitted and Prohibited Usage; Restrictions".
2. To the extent permissible by law, EYEVIONICS cannot be held responsible for any incidental, punitive or consequential damages arising out of the use of the App, the APIs, the Websites, the Service in general and this EULA. EYEVIONICS cannot be held accountable for any financial, personal or environmental damages arising from your usage of the App, the APIs, the Websites and the Service. You agree that you will indemnify, defend and hold harmless EYEVIONCIS and all of its officers, directors, employees, shareholders, subcontractors, consultants, partners, affiliates, subsidiaries, suppliers, data suppliers and agents from and against any and all liabilities, claims, damages, charges, costs, obligations and expenses of any kind from you or third parties alike, including, without limitation, attorneys' fees and legal expenses, arising from or related to any (i) violation of any term of this EULA as well as any applicable law or regulation and (ii) usage or alleged usage of the App, the Websites, the APIs or any usage of the Service in general.
3. For any claim for which EYEVIONICS is entitled to indemnification under this EULA, attorneys selected by EYEVIONICS may be used for defense or settlement.
4. In no event shall the total liability of EYEVIONICS to you for all damages exceed the amount of € 50.00 (Fifty Euros).
5. All foregoing terms and liability limitations apply even if any other term of this EULA fails to apply.
Data Use:
1. You agree that the App, all APIs and the use of the Service may periodically collect technical data that is anonymized (the data cannot personally identify you), including but not limited to data about your hardware devices, operating systems and use of said App, APIs and Service for the purpose of product support, software updates and maintenance of the Service. Technical data can be collected on devices on which the App is installed and devices with which the App communicates, as well as devices and systems with which the Websites, APIs and the Service are accessed.
2. In order for the App to function as intended, the App must communicate data between devices in your local area network ("LAN"). This data is limited to the data necessary to ensure the functionality of the App, as well as to anonymized technical data as mentioned in this EULA. Furthermore, the communication with devices is limited to:
  1. the devices involved in the sustained usage of the app, such as a computer on which you are running flight simulation computer games and other devices on which the App is running
  2. devices potentially not involved in sustained usage of the App, but only until it is determined that such a device is not relevant for usage of the App
3. In order for all portions of the App and the Service to function as intended – specifically, the automatic discovery of devices relevant to the functionality of the App in the local area network – the App and other parts of the service may communicate some limited technical data about internal addresses of devices in your local area network ("LAN") to APIs and the Service. This data cannot be used to personally identify you and this data is not made accessible to third parties.
External Services; Third Parties:
1. The App, the Websites, the APIs and the Service may access third party services, websites and APIs (collectively "External Services"). The use of External Services is at your sole risk.
2. You acknowledge that this EULA governs your relationship with EYEVIONICS only.
3. You acknowledge that third party services and any providers (including, but not limited to Apple or Google) are not responsible for content or maintenance of the Service or the Websites provided by EYEVIONICS. Furthermore, third party providers are not responsible for any claim by you or any other third party arising from usage of the App, the Websites or the Service in general.
4. You acknowledge that, by using third party services, you are subject to their terms and conditions, licenses and policies. Some third party services, such as, but not limited to, Apple or Google, have the right to enforce terms agreed upon in this EULA.
International:
1. You represent and warrant that you are not located in and will not export or re-export the App into (i) any country subject to any United States Government embargo and (ii) any country designated by the United States Government as a "terrorist supporting" country.
2. You represent and warrant that you are not listed on any United States Government list of prohibited or restricted parties.
3. The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
4. This EULA is governed by and shall be interpreted in accordance with the laws of the jurisdiction or location of the offices of the EYEVIONICS entity. This EULA is not governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded.

Third-Party Software Licenses

URI.js - Mutating URLs

Version: 1.19.11

Author: Rodney Rehm Web: http://medialize.github.io/URI.js/

Licensed under MIT License http://www.opensource.org/licenses/mit-license

URI.js - Mutating URLs IPv6 Support

Version: 1.19.11

Author: Rodney Rehm Web: http://medialize.github.io/URI.js/

Licensed under MIT License http://www.opensource.org/licenses/mit-license

URI.js - Mutating URLs Second Level Domain (SLD) Support

Version: 1.19.11

Author: Rodney Rehm Web: http://medialize.github.io/URI.js/

Licensed under MIT License http://www.opensource.org/licenses/mit-license

This file is based on: devtools-detect https://github.com/sindresorhus/devtools-detect By Sindre Sorhus MIT License

DOMPurify 3.0.8 | (c) Cure53 and other contributors | Released under the Apache license 2.0 and Mozilla Public License 2.0 | github.com/cure53/DOMPurify/blob/3.0.8/LICENSE

https://mths.be/punycode v1.4.0 by @mathias

Knockout ES5 plugin - https://github.com/SteveSanderson/knockout-es5 Copyright (c) Steve Sanderson MIT license

Counter block mode compatible with Dr Brian Gladman fileenc.c derived from CryptoJS.mode.CTR Jan Hruby [email protected]

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
			- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Cesium - https://github.com/CesiumGS/cesium Version 1.114

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Columbus View (Pat. Pend.)

Portions licensed separately. See https://github.com/CesiumGS/cesium/blob/main/LICENSE.md for full licensing details.