jbourke
Knife Edge Software Owner
KNIFEEDGE.COM TERMS OF USE
Your access to and use of the Knife Edge Software web sites is subject to these Terms of Use, which we may update from time to time by posting amended terms. Please review these terms for applicable changes before using any Knife Edge Software web site. Your use of a Knife Edge Software site after we post any changes to these terms constitutes your agreement to those changes. If you have any questions about these terms, you can let us know by using the Contact Form.
TECHNICAL SUPPORT INFORMATION
Knife Edge Software does not provide technical support for any software products. You understand that the only official tech support for Great Planes products is provided by Great Planes Software Support. They can be reached via telephone at 1-217-398-8970, or via email at rfsupport@greatplanes.com.
YOUR REGISTRATION AND USER ACCOUNT
If you wish to post files to the RealFlight swap site, it will be necessary to become a registered user of the Knife Edge Software forums. The information that you provide to Knife Edge is considered private and personal between you and Knife Edge, and is governed by our Privacy Policy. User accounts you create on our web sites for these purposes are governed by and subject to the following rules:
• Your accounts are for your use only and may not be transferred or shared with any other party, temporarily or permanently.
• You bear sole responsibility for all use of your accounts and for the confidentiality of your password.
You may cancel your account or modify your account information at any time. To do so, contact us using the contact form.
RULES OF BEHAVIOR
You agree that you will be personally responsible for your use of our web sites, including any content you contribute, such as custom models, flying sites, trim schemes, images, video and audio, and that you will use our web sites only for lawful purposes.
Specifically you agree not to do any of the following:
• Communicate to Knife Edge Software or any of its affiliates or upload to or transmit on any Knife Edge Software web site:
(a) any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or
(b) any material that is, or may be, protected by copyright or trademark, without permission from the copyright or trademark owner.
• Use any Knife Edge Software web site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction.
• Intercept or attempt to intercept electronic mail not intended for you.
• Misrepresent an affiliation with any person or organization.
• Upload to or transmit on any Knife Edge Software web site any advertisements or solicitations of business.
• Restrict or inhibit use of any Knife Edge Software web site by others.
• Upload or otherwise transmit files that contain a virus or corrupted data.
• Collect information about others (including e-mail addresses) without their consent.
• Download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Knife Edge Software web sites or that you have a contractual obligation to keep confidential (notwithstanding its availability on any Knife Edge Software web site).
• Post "spam," transmit chain letters or engage in other similar activities.
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of any Knife Edge Software web site, or which, as determined by Knife Edge Software, may harm Knife Edge Software, any Knife Edge Software affiliate, any Knife Edge Software licensor or users of any Knife Edge Software web site or expose them to liability.
Any content and/or opinions uploaded, expressed or submitted to a swap page, message board, chatroom, online magazine or any other publicly available section of any Knife Edge Software web site (including password-protected areas), and all articles and responses to questions, other than the content provided by Knife Edge Software and its affiliates and licensors, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Knife Edge Software or its affiliates or licensors.
Knife Edge Software reserves the right, but does not assume any responsibility, to:
• Remove any material posted on any Knife Edge Software web site that Knife Edge Software, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Knife Edge Software has been notified, or has reason to believe, constitutes a copyright or trademark infringement or other violation of law.
• Terminate any user's access to all or part of the Knife Edge Software web sites.
However, Knife Edge Software can neither review all material before it is posted on the Knife Edge Software web sites nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Knife Edge Software assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Knife Edge Software reserves the right to take any action it deems necessary to protect the personal safety of users of its web sites and the public; however, Knife Edge Software has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
If Knife Edge Software removes content that you have placed on a Knife Edge Software web site, Knife Edge Software may send you a warning. If it is a serious offense or you have violated our rules before, Knife Edge Software may ban you from participating on swap pages or other interactive forums on Knife Edge Software web sites and terminate your user accounts. Knife Edge Software reserves the right to terminate your user accounts at any time, with or without notice, for any reason whatsoever.
You acknowledge that Knife Edge Software has the right, in its sole discretion and at any time, to delete any messages, files or any other content that you may have uploaded to any feature of any Knife Edge Software web site, including any materials that violate these Terms of Use, any other binding agreement or any law.
Knife Edge Software may also, in its sole discretion and at any time, discontinue a Knife Edge Software web site or any part thereof, with or without notice. You agree that you do not have any rights in any Knife Edge Software web site and that Knife Edge Software will have no liability to you if all or any part of any Knife Edge Software web site is discontinued or your ability to access it is terminated.
CONTACT FOR COPYRIGHT/TRADEMARK INFRINGEMENT
If you become aware of content that may infringe any copyright or trademark of yours or a third party or that you believe to be in violation of these Terms of Use, please contact Lisa Stirnemann, our designated agent, using our contact form. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2).
WEB SITE CONTENT
All content on the Knife Edge Software web sites (other than materials posted by users), including art work, graphics, images, screen shots, text, music, sound effects, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing, is the property of Knife Edge Software and its affiliates and licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content placed on the sites by Knife Edge Software, including trademarks, trade names, characters and copyrights, is the property of the third parties that market or license that content, and is used by Knife Edge Software and its affiliates subject to license, or subject to the fair use provisions of U.S. copyright and trademark law. Users of the Knife Edge Software web sites are expressly forbidden to misuse any Knife Edge Software, Knife Edge Software affiliate or third party content that appears on any Knife Edge Software web site.
You agree not to display or use any content found on any Knife Edge Software web site for any commercial purpose, in any publications, in public performances, in connection with products or services that are not those of Knife Edge Software or in any manner that is likely to cause confusion among consumers, that disparages or discredits Knife Edge Software and/or its affiliates and licensors, that dilutes the strength of Knife Edge Software's or its affiliates' or licensors' property, or that otherwise infringes Knife Edge Software or affiliates' or its licensors' intellectual property rights.
CONTENT POSTED BY YOU OR OTHER USERS
Aircraft, flying sites, trim schemes, images, video, audio, etc., that are provided by users for the benefit of RealFlight owners are not endorsed or created by, or the responsibility of, Knife Edge Software or any of its affiliates. You download such materials at your own risk. All such materials submitted to Knife Edge Software, any affiliate or any Knife Edge Software web site, including, custom models, flying sites, trim schemes, images, video and audio, may be used in promotions or future versions of RealFlight software at the discretion of Knife Edge Software and its affiliates.
You understand and acknowledge that you are responsible for whatever content you submit, and you, not Knife Edge Software, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Knife Edge Software, any affiliate or any area of any Knife Edge Software web site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Knife Edge Software and its affiliates and/or post it to the Knife Edge Software web sites.
You grant to Knife Edge Software and its affiliates a royalty-free, irrevocable, perpetual, non-exclusive, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, display, distribute, publish or create derivative works of all content you upload or otherwise transmit to Knife Edge Software, any affiliate or any Knife Edge Software web site in any form or forum and without charge or liability.
You acknowledge that Knife Edge Software has the right, in its sole discretion, to delete anything that you may have uploaded to any feature of any Knife Edge Software web site, as described above.
INDEMNIFICATION
You agree to indemnify and hold Knife Edge Software, and their officers, directors, employees, licensors and service providers harmless from any claims and expenses, including reasonable attorney's fees, related to your conduct online, any improper or illegal use of your user accounts, or your violation of these Terms of Use, including any abusive or unlawful behavior on the part of you or your dependents, or improper or unauthorized use of any Knife Edge Software web site or any products, services or content obtained from any Knife Edge Software web site, including the infringement of any intellectual property or privacy right of any person.
REPRESENTATIONS, WARRANTIES, AND ACKNOWLEDGEMENT
Knife Edge Software makes no representations about the content of the Knife Edge Software web sites, including any graphics, designs, information, images, video, audio or products, such as software, available on such sites (the "Site Content") or the reliability of their features, and disclaims all liability with respect to such content and services, including any service failure. You acknowledge that any reliance on such services and/or Site Content will be at your own risk. Knife Edge Software makes no representations regarding the amount of time that the Site Content will be preserved or made available through a Knife Edge Software web site.
Knife Edge Software reserves the right to disclose any content posted or uploaded on its web sites as necessary to satisfy any law, regulation or governmental request. No such content or communications with Knife Edge Software through its web sites will be subject to any obligation of confidentiality on the part of Knife Edge Software.
You participate in any Knife Edge Software web site feature at your own risk. If you are unhappy with the content or operation of a Knife Edge Software web site, your only recourse is to contact the site administrators using the contact form. If you are dissatisfied with these Terms of Use or other agreements Knife Edge Software imposes as a condition of usage, or any other component of the Knife Edge Software web sites, your sole remedy is to discontinue use of the Knife Edge Software web sites.
By participating in any Knife Edge Software swap page or other interactive forum, you acknowledge that you may come across material that you find offensive. Knife Edge Software disclaims any responsibility for any such offensive material, and all content posted on its web sites by third parties. Knife Edge Software has no responsibility for such content and is merely providing access to such content as a service to you.
ALL KNIFE EDGE SOFTWARE WEB SITES, INCLUDING THE SITE CONTENT AND SERVICES, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER KNIFE EDGE SOFTWARE NOR ANY KNIFE EDGE SOFTWARE AFFILIATE, LICENSOR OR OTHER PERSON ASSOCIATED WITH KNIFE EDGE SOFTWARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF ANY PART OF ANY KNIFE EDGE SOFTWARE WEB SITE, LINKED WEB SITE, SITE CONTENT OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER KNIFE EDGE SOFTWARE NOR ANY KNIFE EDGE SOFTWARE AFFILIATE, LICENSOR OR OTHER PERSON ASSOCIATED WITH KNIFE EDGE SOFTWARE WARRANTS OR REPRESENTS THAT ANY KNIFE EDGE SOFTWARE WEB SITE, LINKED WEB SITE, SITE CONTENT OR SERVICES PROVIDED ON OR THROUGH ANY KNIFE EDGE SOFTWARE OR LINKED WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT SUCH WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT SUCH WEB SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE MADE WITH RESPECT TO OUR WEB SITES OR ANY LINKED WEB SITE OR ANY SITE CONTENT OR SERVICES.
Neither Knife Edge Software nor any Knife Edge Software affiliate, licensor or other person associated with Knife Edge Software assumes any responsibility or shall be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in any Knife Edge Software web site, any linked web site or the Internet generally or your downloading of any materials, data, text, images, video or audio from any Knife Edge Software web site, any linked web site or the Internet generally.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KNIFE EDGE SOFTWARE, ITS AFFILIATES, ITS LICENSORS OR ANY OTHER PERSONS ASSOCIATED WITH KNIFE EDGE SOFTWARE BE LIABLE FOR (A) ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY KNIFE EDGE SOFTWARE WEB SITE, LINKED WEB SITE, SITE CONTENT OR SERVICES PROVIDED ON OR THROUGH ANY KNIFE EDGE SOFTWARE WEB SITE OR ANY LINKED WEB SITE, (B) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KNIFE EDGE SOFTWARE'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO KNIFE EDGE SOFTWARE OR OTHER WEB SITES, RECORDS, PROGRAMS, OR SERVICES OR OTHER INACCURACIES IN ANY KNIFE EDGE SOFTWARE OR OTHER WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY KNIFE EDGE SOFTWARE OR ANY OF ITS AFFILIATES OR LICENSORS AND WHETHER OR NOT KNIFE EDGE SOFTWARE OR ANY OF ITS AFFILIATES OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF KNIFE EDGE SOFTWARE AND ITS AFFILIATES AND LICENSORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00).
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIRD PARTY SITES/PRODUCTS
Knife Edge Software web sites may contain links to web sites operated by parties other than Knife Edge Software, including advertisers and other content providers. Those sites may collect data or solicit personal information from you or provide you with products, services or materials. Your use of such web sites is at your own risk and subject to the terms and conditions of use for such web sites. Knife Edge Software does not control such web sites, and is not responsible for their operation, content or privacy policies, or for the collection, use or disclosure of any information those sites may collect. The inclusion of any such link does not imply endorsement by Knife Edge Software of such sites. Further, a reference on any Knife Edge Software web site to any products, services, processes, hypertext links to third-parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not necessarily constitute or imply Knife Edge Software's endorsement, sponsorship or recommendation. Product and service information are solely the responsibility of each individual vendor and Knife Edge Software does not make any representations or warranties regarding the quality, content or accuracy of such information or such vendors' products or services.
COMPLIANCE WITH LAWS
You agree to abide by U.S. and other applicable laws, including export control laws, and not to transfer, by electronic transmission or otherwise, any software or other content downloaded from any Knife Edge Software web site to a destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. By downloading any software from any Knife Edge Software web site, you warrant that you are not located in any country, or exporting such software to any person or place, to which the United States has embargoed goods. You further agree not to upload to any Knife Edge Software web site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this paragraph shall survive termination of these Terms of Use.
INDEPENDENT PARTIES; GOVERNING LAW; JURISDICTION
Both you and Knife Edge Software acknowledge and agree that no partnership is formed and neither you nor Knife Edge Software or any Knife Edge Software affiliate has the power or the authority to obligate or bind the other.
These Terms of Use will be governed by and construed in accordance with the internal laws of the State of Oregon.
Access to any Knife Edge Software web site by persons in any jurisdiction does not imply that Knife Edge Software or any Knife Edge Software affiliate or licensor intends to purposely avail itself of the privilege of conducting activities within such jurisdiction, nor does it imply that Knife Edge Software or any Knife Edge Software affiliate or licensor invokes the benefits and protections of the law of such jurisdiction. The Knife Edge Software web site was developed in the United States of America in accordance with, and shall be governed by, and your browsing in and use of any such site shall be deemed acceptance of, the laws of the State of Oregon and the United States of America. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of any Knife Edge Software web site shall be in the state or federal courts located in the State of Oregon, or, alternatively at the discretion of Knife Edge Software, the state of Illinois. You agree to submit to the jurisdiction of such courts.
LIMITATIONS ON USE OUTSIDE THE UNITED STATES
The Knife Edge Software web sites are presented from within the United States and the Site Content and services may not be appropriate or available for use in locations outside the United States. You are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the Knife Edge Software web sites, Site Content and services.
MISCELLANEOUS
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. Knife Edge Software 's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Knife Edge Software or any Knife Edge Software affiliate or licensor nor any trade practices shall be deemed to modify these Terms of Use.
CH02/ 22411608.3
Your access to and use of the Knife Edge Software web sites is subject to these Terms of Use, which we may update from time to time by posting amended terms. Please review these terms for applicable changes before using any Knife Edge Software web site. Your use of a Knife Edge Software site after we post any changes to these terms constitutes your agreement to those changes. If you have any questions about these terms, you can let us know by using the Contact Form.
TECHNICAL SUPPORT INFORMATION
Knife Edge Software does not provide technical support for any software products. You understand that the only official tech support for Great Planes products is provided by Great Planes Software Support. They can be reached via telephone at 1-217-398-8970, or via email at rfsupport@greatplanes.com.
YOUR REGISTRATION AND USER ACCOUNT
If you wish to post files to the RealFlight swap site, it will be necessary to become a registered user of the Knife Edge Software forums. The information that you provide to Knife Edge is considered private and personal between you and Knife Edge, and is governed by our Privacy Policy. User accounts you create on our web sites for these purposes are governed by and subject to the following rules:
• Your accounts are for your use only and may not be transferred or shared with any other party, temporarily or permanently.
• You bear sole responsibility for all use of your accounts and for the confidentiality of your password.
You may cancel your account or modify your account information at any time. To do so, contact us using the contact form.
RULES OF BEHAVIOR
You agree that you will be personally responsible for your use of our web sites, including any content you contribute, such as custom models, flying sites, trim schemes, images, video and audio, and that you will use our web sites only for lawful purposes.
Specifically you agree not to do any of the following:
• Communicate to Knife Edge Software or any of its affiliates or upload to or transmit on any Knife Edge Software web site:
(a) any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or
(b) any material that is, or may be, protected by copyright or trademark, without permission from the copyright or trademark owner.
• Use any Knife Edge Software web site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction.
• Intercept or attempt to intercept electronic mail not intended for you.
• Misrepresent an affiliation with any person or organization.
• Upload to or transmit on any Knife Edge Software web site any advertisements or solicitations of business.
• Restrict or inhibit use of any Knife Edge Software web site by others.
• Upload or otherwise transmit files that contain a virus or corrupted data.
• Collect information about others (including e-mail addresses) without their consent.
• Download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Knife Edge Software web sites or that you have a contractual obligation to keep confidential (notwithstanding its availability on any Knife Edge Software web site).
• Post "spam," transmit chain letters or engage in other similar activities.
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of any Knife Edge Software web site, or which, as determined by Knife Edge Software, may harm Knife Edge Software, any Knife Edge Software affiliate, any Knife Edge Software licensor or users of any Knife Edge Software web site or expose them to liability.
Any content and/or opinions uploaded, expressed or submitted to a swap page, message board, chatroom, online magazine or any other publicly available section of any Knife Edge Software web site (including password-protected areas), and all articles and responses to questions, other than the content provided by Knife Edge Software and its affiliates and licensors, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Knife Edge Software or its affiliates or licensors.
Knife Edge Software reserves the right, but does not assume any responsibility, to:
• Remove any material posted on any Knife Edge Software web site that Knife Edge Software, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Knife Edge Software has been notified, or has reason to believe, constitutes a copyright or trademark infringement or other violation of law.
• Terminate any user's access to all or part of the Knife Edge Software web sites.
However, Knife Edge Software can neither review all material before it is posted on the Knife Edge Software web sites nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Knife Edge Software assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Knife Edge Software reserves the right to take any action it deems necessary to protect the personal safety of users of its web sites and the public; however, Knife Edge Software has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
If Knife Edge Software removes content that you have placed on a Knife Edge Software web site, Knife Edge Software may send you a warning. If it is a serious offense or you have violated our rules before, Knife Edge Software may ban you from participating on swap pages or other interactive forums on Knife Edge Software web sites and terminate your user accounts. Knife Edge Software reserves the right to terminate your user accounts at any time, with or without notice, for any reason whatsoever.
You acknowledge that Knife Edge Software has the right, in its sole discretion and at any time, to delete any messages, files or any other content that you may have uploaded to any feature of any Knife Edge Software web site, including any materials that violate these Terms of Use, any other binding agreement or any law.
Knife Edge Software may also, in its sole discretion and at any time, discontinue a Knife Edge Software web site or any part thereof, with or without notice. You agree that you do not have any rights in any Knife Edge Software web site and that Knife Edge Software will have no liability to you if all or any part of any Knife Edge Software web site is discontinued or your ability to access it is terminated.
CONTACT FOR COPYRIGHT/TRADEMARK INFRINGEMENT
If you become aware of content that may infringe any copyright or trademark of yours or a third party or that you believe to be in violation of these Terms of Use, please contact Lisa Stirnemann, our designated agent, using our contact form. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2).
WEB SITE CONTENT
All content on the Knife Edge Software web sites (other than materials posted by users), including art work, graphics, images, screen shots, text, music, sound effects, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing, is the property of Knife Edge Software and its affiliates and licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content placed on the sites by Knife Edge Software, including trademarks, trade names, characters and copyrights, is the property of the third parties that market or license that content, and is used by Knife Edge Software and its affiliates subject to license, or subject to the fair use provisions of U.S. copyright and trademark law. Users of the Knife Edge Software web sites are expressly forbidden to misuse any Knife Edge Software, Knife Edge Software affiliate or third party content that appears on any Knife Edge Software web site.
You agree not to display or use any content found on any Knife Edge Software web site for any commercial purpose, in any publications, in public performances, in connection with products or services that are not those of Knife Edge Software or in any manner that is likely to cause confusion among consumers, that disparages or discredits Knife Edge Software and/or its affiliates and licensors, that dilutes the strength of Knife Edge Software's or its affiliates' or licensors' property, or that otherwise infringes Knife Edge Software or affiliates' or its licensors' intellectual property rights.
CONTENT POSTED BY YOU OR OTHER USERS
Aircraft, flying sites, trim schemes, images, video, audio, etc., that are provided by users for the benefit of RealFlight owners are not endorsed or created by, or the responsibility of, Knife Edge Software or any of its affiliates. You download such materials at your own risk. All such materials submitted to Knife Edge Software, any affiliate or any Knife Edge Software web site, including, custom models, flying sites, trim schemes, images, video and audio, may be used in promotions or future versions of RealFlight software at the discretion of Knife Edge Software and its affiliates.
You understand and acknowledge that you are responsible for whatever content you submit, and you, not Knife Edge Software, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Knife Edge Software, any affiliate or any area of any Knife Edge Software web site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Knife Edge Software and its affiliates and/or post it to the Knife Edge Software web sites.
You grant to Knife Edge Software and its affiliates a royalty-free, irrevocable, perpetual, non-exclusive, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, display, distribute, publish or create derivative works of all content you upload or otherwise transmit to Knife Edge Software, any affiliate or any Knife Edge Software web site in any form or forum and without charge or liability.
You acknowledge that Knife Edge Software has the right, in its sole discretion, to delete anything that you may have uploaded to any feature of any Knife Edge Software web site, as described above.
INDEMNIFICATION
You agree to indemnify and hold Knife Edge Software, and their officers, directors, employees, licensors and service providers harmless from any claims and expenses, including reasonable attorney's fees, related to your conduct online, any improper or illegal use of your user accounts, or your violation of these Terms of Use, including any abusive or unlawful behavior on the part of you or your dependents, or improper or unauthorized use of any Knife Edge Software web site or any products, services or content obtained from any Knife Edge Software web site, including the infringement of any intellectual property or privacy right of any person.
REPRESENTATIONS, WARRANTIES, AND ACKNOWLEDGEMENT
Knife Edge Software makes no representations about the content of the Knife Edge Software web sites, including any graphics, designs, information, images, video, audio or products, such as software, available on such sites (the "Site Content") or the reliability of their features, and disclaims all liability with respect to such content and services, including any service failure. You acknowledge that any reliance on such services and/or Site Content will be at your own risk. Knife Edge Software makes no representations regarding the amount of time that the Site Content will be preserved or made available through a Knife Edge Software web site.
Knife Edge Software reserves the right to disclose any content posted or uploaded on its web sites as necessary to satisfy any law, regulation or governmental request. No such content or communications with Knife Edge Software through its web sites will be subject to any obligation of confidentiality on the part of Knife Edge Software.
You participate in any Knife Edge Software web site feature at your own risk. If you are unhappy with the content or operation of a Knife Edge Software web site, your only recourse is to contact the site administrators using the contact form. If you are dissatisfied with these Terms of Use or other agreements Knife Edge Software imposes as a condition of usage, or any other component of the Knife Edge Software web sites, your sole remedy is to discontinue use of the Knife Edge Software web sites.
By participating in any Knife Edge Software swap page or other interactive forum, you acknowledge that you may come across material that you find offensive. Knife Edge Software disclaims any responsibility for any such offensive material, and all content posted on its web sites by third parties. Knife Edge Software has no responsibility for such content and is merely providing access to such content as a service to you.
ALL KNIFE EDGE SOFTWARE WEB SITES, INCLUDING THE SITE CONTENT AND SERVICES, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER KNIFE EDGE SOFTWARE NOR ANY KNIFE EDGE SOFTWARE AFFILIATE, LICENSOR OR OTHER PERSON ASSOCIATED WITH KNIFE EDGE SOFTWARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF ANY PART OF ANY KNIFE EDGE SOFTWARE WEB SITE, LINKED WEB SITE, SITE CONTENT OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER KNIFE EDGE SOFTWARE NOR ANY KNIFE EDGE SOFTWARE AFFILIATE, LICENSOR OR OTHER PERSON ASSOCIATED WITH KNIFE EDGE SOFTWARE WARRANTS OR REPRESENTS THAT ANY KNIFE EDGE SOFTWARE WEB SITE, LINKED WEB SITE, SITE CONTENT OR SERVICES PROVIDED ON OR THROUGH ANY KNIFE EDGE SOFTWARE OR LINKED WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT SUCH WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT SUCH WEB SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE MADE WITH RESPECT TO OUR WEB SITES OR ANY LINKED WEB SITE OR ANY SITE CONTENT OR SERVICES.
Neither Knife Edge Software nor any Knife Edge Software affiliate, licensor or other person associated with Knife Edge Software assumes any responsibility or shall be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in any Knife Edge Software web site, any linked web site or the Internet generally or your downloading of any materials, data, text, images, video or audio from any Knife Edge Software web site, any linked web site or the Internet generally.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KNIFE EDGE SOFTWARE, ITS AFFILIATES, ITS LICENSORS OR ANY OTHER PERSONS ASSOCIATED WITH KNIFE EDGE SOFTWARE BE LIABLE FOR (A) ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY KNIFE EDGE SOFTWARE WEB SITE, LINKED WEB SITE, SITE CONTENT OR SERVICES PROVIDED ON OR THROUGH ANY KNIFE EDGE SOFTWARE WEB SITE OR ANY LINKED WEB SITE, (B) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KNIFE EDGE SOFTWARE'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO KNIFE EDGE SOFTWARE OR OTHER WEB SITES, RECORDS, PROGRAMS, OR SERVICES OR OTHER INACCURACIES IN ANY KNIFE EDGE SOFTWARE OR OTHER WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY KNIFE EDGE SOFTWARE OR ANY OF ITS AFFILIATES OR LICENSORS AND WHETHER OR NOT KNIFE EDGE SOFTWARE OR ANY OF ITS AFFILIATES OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF KNIFE EDGE SOFTWARE AND ITS AFFILIATES AND LICENSORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00).
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIRD PARTY SITES/PRODUCTS
Knife Edge Software web sites may contain links to web sites operated by parties other than Knife Edge Software, including advertisers and other content providers. Those sites may collect data or solicit personal information from you or provide you with products, services or materials. Your use of such web sites is at your own risk and subject to the terms and conditions of use for such web sites. Knife Edge Software does not control such web sites, and is not responsible for their operation, content or privacy policies, or for the collection, use or disclosure of any information those sites may collect. The inclusion of any such link does not imply endorsement by Knife Edge Software of such sites. Further, a reference on any Knife Edge Software web site to any products, services, processes, hypertext links to third-parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not necessarily constitute or imply Knife Edge Software's endorsement, sponsorship or recommendation. Product and service information are solely the responsibility of each individual vendor and Knife Edge Software does not make any representations or warranties regarding the quality, content or accuracy of such information or such vendors' products or services.
COMPLIANCE WITH LAWS
You agree to abide by U.S. and other applicable laws, including export control laws, and not to transfer, by electronic transmission or otherwise, any software or other content downloaded from any Knife Edge Software web site to a destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. By downloading any software from any Knife Edge Software web site, you warrant that you are not located in any country, or exporting such software to any person or place, to which the United States has embargoed goods. You further agree not to upload to any Knife Edge Software web site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this paragraph shall survive termination of these Terms of Use.
INDEPENDENT PARTIES; GOVERNING LAW; JURISDICTION
Both you and Knife Edge Software acknowledge and agree that no partnership is formed and neither you nor Knife Edge Software or any Knife Edge Software affiliate has the power or the authority to obligate or bind the other.
These Terms of Use will be governed by and construed in accordance with the internal laws of the State of Oregon.
Access to any Knife Edge Software web site by persons in any jurisdiction does not imply that Knife Edge Software or any Knife Edge Software affiliate or licensor intends to purposely avail itself of the privilege of conducting activities within such jurisdiction, nor does it imply that Knife Edge Software or any Knife Edge Software affiliate or licensor invokes the benefits and protections of the law of such jurisdiction. The Knife Edge Software web site was developed in the United States of America in accordance with, and shall be governed by, and your browsing in and use of any such site shall be deemed acceptance of, the laws of the State of Oregon and the United States of America. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of any Knife Edge Software web site shall be in the state or federal courts located in the State of Oregon, or, alternatively at the discretion of Knife Edge Software, the state of Illinois. You agree to submit to the jurisdiction of such courts.
LIMITATIONS ON USE OUTSIDE THE UNITED STATES
The Knife Edge Software web sites are presented from within the United States and the Site Content and services may not be appropriate or available for use in locations outside the United States. You are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the Knife Edge Software web sites, Site Content and services.
MISCELLANEOUS
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. Knife Edge Software 's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Knife Edge Software or any Knife Edge Software affiliate or licensor nor any trade practices shall be deemed to modify these Terms of Use.
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