End User Licence Agreement.

This End User Licence Agreement (the "Licence") is between you and StrataSim Designs LLC, a Utah limited liability company ("StrataSim", "we", "us"). It covers the StrataWx desktop application, its in-simulator panel, the StrataSim Manager, and any updates to them (together, the "Software").

By installing, activating or using the Software you accept this Licence. If you do not accept it, do not install the Software, and see the refund policy.

You are buying a licence, not the software. The Software is licensed, not sold. StrataSim retains all ownership of it, including all copyright, and you get the rights set out below and no others.

Subject to this Licence and to payment, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Software:

• for your own private, non-commercial flight simulation use;
• with the simulator or simulators your purchase covers. Entitlements are per simulator. A licence for Microsoft Flight Simulator 2024 does not cover MSFS 2020, or the reverse, unless you bought a licence that includes both;
• on the number of devices your licence permits at one time. Activations occupy a seat, and you may free a seat yourself from your account when you rebuild or replace a machine.

Reasonable personal use across your own machines is expected and fine. Sharing a key so other people can use it is not, and is what seat limits exist to stop.

• Copy, publish, sell, rent, lend, sublicense or otherwise distribute the Software or your licence key.
• Circumvent, disable or interfere with licence validation, seat limits, or any part of the Software that enforces this Licence.
• Reverse engineer, decompile or disassemble the Software, except to the extent applicable law expressly permits it despite this restriction. If you are somewhere with such a right, you keep it.
• Use the Software or the services behind it to build, train or supply a competing product or dataset.
• Remove or obscure any copyright, trademark or attribution notice.
• Use the Software for commercial training, revenue-generating or certified-simulation purposes without a separate written agreement with us.

StrataWx updates itself, and this is not optional. The Software checks for and installs updates automatically on the release channel your build is on. That is how a defect is fixed for everybody at once, and how the app stays compatible with the simulator and with our services. Continued use means accepting updates delivered this way.

An update may add, change or remove functionality. We do not promise that any particular feature will exist forever, and we will not pretend otherwise here.

The Software contacts our services to validate your licence, to fetch weather, and to deliver updates. It reports basic operational information such as a machine identifier, the application version and which simulators are in use. If you send a diagnostic report, it carries logs you can review first.

What is collected, why, and how long it is kept is set out in the Privacy Policy, which forms part of this Licence.

The Software includes third-party open source components and consumes third-party weather data, each under its own terms. Those terms govern those components and that data, not this Licence. Credits are on the legal page.

This Licence runs until terminated. It ends automatically if you breach it, in particular if you distribute your key or defeat the licensing system. We may also terminate a licence obtained fraudulently, or one whose payment is reversed or charged back.

On termination you must stop using the Software and remove it. Being straight about what that means in practice: the Software is on your computer and we have no remote kill switch, but your licence to use it ends, and licence validation will stop authorising it.

To the fullest extent permitted by law, the Software is provided "as is" and "as available", without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Software will be uninterrupted, error free, or compatible with any particular hardware, simulator version or add-on.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Consumers in the EU, the EEA and the UK keep their statutory rights in respect of goods that are faulty or not as described, and nothing here limits them.

To the fullest extent permitted by law, StrataSim is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profit, or goodwill, arising out of or relating to the Software, however caused.

Our total aggregate liability arising out of or relating to the Software is limited to the amount you actually paid for your licence in the twelve months before the claim arose.

Nothing in this Licence excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.

You may not use or export the Software in violation of United States export laws or any other applicable export control law. The Software is a commercial item, and any use by a United States government entity is subject to the standard commercial terms in this Licence.

This Licence, together with the Terms of Service and the Privacy Policy, is the whole agreement between us about the Software. If any part is held unenforceable, the rest stands. Our not enforcing a term is not a waiver of it. You may not assign this Licence; we may assign it as part of a sale or reorganisation of the business.

This Licence is governed by the laws of the State of Utah, without regard to its conflict of law rules, with venue in the state and federal courts located in Utah. Mandatory consumer rights that apply where you live are unaffected.

We may revise this Licence. A revision applies to versions of the Software released after it is published, and the version in force for your purchase is the one published on the day you bought.