| Language: |
eSail Sailing Simulator
End-User License Agreement ("Agreement")
Please read this End-User License Agreement ("Agreement") carefully before installing or using eSail Sailing Simulator ("Application").
By installing or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not install or use the Application.
The Licensee agrees to undertake professional training by a qualified instructor before engaging in any real world sailing activity. Any training material provided in the Application is supplementary to professional training.
Withdrawal Period
Refunds are provided according to the terms of the vendor be it Steam (Valve Corporation), eSail Ltd ("Licensor") or another vendor. In the case of the Licensor, refund terms are provided on the Licensor's software purchase web page. By agreeing to this license, you accept the vendor's refund terms and waive your EU 14 day cooling off period or any other rights of withdrawal.
License
The Licensor grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Restrictions
You agree not to and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, use for political purposes or otherwise commercially exploit the Application or make the Application available to any third party.
You agree not to use the Application or any other applications to upload to the Licensor's server or systems any content including text, sounds, video or images which is misinformation, defamatory, offensive, obscene, objectionable or in breach of any obligations of privacy or confidence or copyright.
You agree to act lawfully and not abuse, threaten, harass, stalk other users or act in any way likely to cause offence or annoyance; and you will not act in any way that interrupts or disrupts provision of the Licensor's services.
Modifications to Application
The Licensor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Warranties and Representations
The Licensor represents and warrants that it has all necessary rights and authority to execute and deliver this Agreement and perform its obligations hereunder and to grant the rights granted under this Agreement. No warranty of any type or nature, express or implied is provided for the software which is delivered as is. The Licensor shall not be liable for any inaccuracies, faults or omissions in the Application. While all reasonable care has been taken in producing the Application the Licensor accepts no responsibility for any errors or omissions or consequences of using any methods or processes described. The world and charts included in the Application are entirely fictional and must not be used for navigation
Limitation of liability
To the extent permitted by law, Licensor’s entire liability and Licensee’s exclusive remedy will be the replacement of the Application or return of the license fees paid for the Application.
Indemnity to Licensor by the Licensee
The Licensee shall fully indemnify and hold harmless Licensor from and against all liabilities, claims, suits or damages (including, but not limited to, legal fees, costs, judgements and reasonable expenses incurred) arising out of any use of the Application by the Licensee.
Assignment
Licensee may not assign any of its rights under this License without the prior written consent of Licensor.
Term and Termination
This Agreement shall remain in effect until terminated by you or the Licensor.
This Agreement will terminate immediately, without prior notice from the Licensor in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
Upon termination of this agreement the Licensor will remove your access to the Licensor 's server, multiplayer services and other services controlled by the Licensor.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Governing Law
This License shall be subject to and construed and interpreted in accordance with the Laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the Courts of England.
2nd March 2024
© eSail Ltd.
eSail® is a registered trademark. www.esailyachtsimulator.com
End-User License Agreement ("Agreement")
Please read this End-User License Agreement ("Agreement") carefully before installing or using eSail Sailing Simulator ("Application").
By installing or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not install or use the Application.
The Licensee agrees to undertake professional training by a qualified instructor before engaging in any real world sailing activity. Any training material provided in the Application is supplementary to professional training.
Withdrawal Period
Refunds are provided according to the terms of the vendor be it Steam (Valve Corporation), eSail Ltd ("Licensor") or another vendor. In the case of the Licensor, refund terms are provided on the Licensor's software purchase web page. By agreeing to this license, you accept the vendor's refund terms and waive your EU 14 day cooling off period or any other rights of withdrawal.
License
The Licensor grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Restrictions
You agree not to and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, use for political purposes or otherwise commercially exploit the Application or make the Application available to any third party.
You agree not to use the Application or any other applications to upload to the Licensor's server or systems any content including text, sounds, video or images which is misinformation, defamatory, offensive, obscene, objectionable or in breach of any obligations of privacy or confidence or copyright.
You agree to act lawfully and not abuse, threaten, harass, stalk other users or act in any way likely to cause offence or annoyance; and you will not act in any way that interrupts or disrupts provision of the Licensor's services.
Modifications to Application
The Licensor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Warranties and Representations
The Licensor represents and warrants that it has all necessary rights and authority to execute and deliver this Agreement and perform its obligations hereunder and to grant the rights granted under this Agreement. No warranty of any type or nature, express or implied is provided for the software which is delivered as is. The Licensor shall not be liable for any inaccuracies, faults or omissions in the Application. While all reasonable care has been taken in producing the Application the Licensor accepts no responsibility for any errors or omissions or consequences of using any methods or processes described. The world and charts included in the Application are entirely fictional and must not be used for navigation
Limitation of liability
To the extent permitted by law, Licensor’s entire liability and Licensee’s exclusive remedy will be the replacement of the Application or return of the license fees paid for the Application.
Indemnity to Licensor by the Licensee
The Licensee shall fully indemnify and hold harmless Licensor from and against all liabilities, claims, suits or damages (including, but not limited to, legal fees, costs, judgements and reasonable expenses incurred) arising out of any use of the Application by the Licensee.
Assignment
Licensee may not assign any of its rights under this License without the prior written consent of Licensor.
Term and Termination
This Agreement shall remain in effect until terminated by you or the Licensor.
This Agreement will terminate immediately, without prior notice from the Licensor in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
Upon termination of this agreement the Licensor will remove your access to the Licensor 's server, multiplayer services and other services controlled by the Licensor.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Governing Law
This License shall be subject to and construed and interpreted in accordance with the Laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the Courts of England.
2nd March 2024
© eSail Ltd.
eSail® is a registered trademark. www.esailyachtsimulator.com