Software User Agreement

1. Pre-Purchase Confirmation

(1) Remote controller purchase and shipment

This statement confirms that the goods will be shipped under Cost and Freight (CFR) terms. The buyer acknowledges and agrees to the following:

Import Tax, Customs, and Other Expenses: The buyer is solely responsible for all import taxes, customs duties, and any other expenses or fees associated with the importation of the goods. These costs are not included in the purchase price and are the buyer’s obligation to pay.
Shipping and Delivery: The goods will be shipped to the delivery address provided by the buyer in the registration form. It is the buyer’s responsibility to ensure that the delivery address is accurate and complete. The seller shall not be liable for any delays or failures in delivery resulting from incorrect or incomplete address information provided by the buyer.
Compliance with Local Laws and Regulations: The buyer acknowledges that it is their responsibility to ensure that the import, shipment, and transportation of the goods comply with all applicable local laws and regulations in the buyer’s jurisdiction. The seller is not responsible for any failure of delivery if the import, shipment, or transportation of the goods is limited or prohibited by the buyer’s local laws and regulations.
By proceeding with the purchase, the buyer confirms their understanding and acceptance of the above terms and conditions regarding FOB shipping, import taxes, customs, and other related responsibilities.
The remote controller will be shipped within 10 working days after the payment. The necessary track information will be sent to the email address provided by the buyer.

(2) Hardware Requirements Confirmation

Required technical specifications to run SRIZFLY Drone Simulator:

Name	Minimum	Recommended	Optimum
Operating System	Windows 10 or higher	Windows 10 or higher	Windows 10 or higher
CPU	i5-7700	i5-10400	i7-12700
GPU	GTX 1650 Ti	GTX 2060	GTX 3060
VRAM	8GB	16GB	16GB
RAM	16GB	32GB	32GB
Storage	80GB free HDD	SSD + 80GB free	SSD + 80GB free

I hereby confirm that I possess a computer that meets the necessary specifications to run the software, including but not limited to the required operating system, processor speed, memory capacity, and storage space as outlined in the software’s system requirements documentation. I understand that failure to meet these hardware requirements may result in the software not functioning properly or at all.

(3) Remote Controller Model

List of remote controllers currently compatible with the SRIZFLY Drone Simulator

DJI RC N1, DJI RC N2, DJI RC N3, DJI RC Plus
FlySky FS-I6S, FlySky FS ST8, Flysky SM001,
FUTABA T10J, FUTABA WSC-1.
FRSKY TARANIS X9D Plus,
Spektrum Interlink.D X,
X-BOX series X.

I confirm that I have the correct remote controller model that is compatible with the software. I have checked the list of supported remote controller models provided by the software developer and have verified that my remote controller is included in this list. I acknowledge that using an unsupported remote controller model may lead to issues with the software’s functionality and performance.

(4) Software License Delivery Agreement

I confirm that I have provided a valid email address during the registration process, and I agree that the software license will be sent to this email address. I understand that it is my responsibility to ensure the accuracy of the email address provided, and any issues arising from an incorrect email address, such as failure to receive the software license, will be my responsibility.

(5) Pausing of the subscription period

I agree that once the software license is applied, the subscription period shall commence and shall not be subject to pausing or interruption for any reason. I acknowledge that the subscription term is a continuous period during which I have access to the software and its associated services, and that no credit or extension will be provided for any unused portion of the subscription resulting from voluntary or involuntary suspension of use. I understand that the subscription fee covers the full term from activation, regardless of actual usage or access interruptions.

(6) Payment and Refund Policy Agreement

I agree that once the software license is sent to the indicated email address according to the Clause 4 Pausing of the subscription period, the payment made for the software license is non-refundable. I understand that the software developer has provided a clear refund policy, and I accept the terms stated therein. I acknowledge that the software license is a digital product, and as such, the refund policy is in accordance with standard practices for digital goods.

(7) Standard Terms and Conditions

License Grant: The software developer grants a non-exclusive, non-transferable license to use the software on a single computer, in accordance with this agreement.
Intellectual Property: All intellectual property rights, including copyrights, trademarks, and patents, belong to the software developer. This agreement grants the user a license to use the software but does not transfer ownership of any intellectual property rights.
Warranty and Liability: The software is provided “as is” without any warranties, express or implied. The developer is not liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the software.
Updates and Support: The developer may provide updates and support for the software at their discretion, and any updates may be subject to additional terms.
Governing Law: This agreement is governed by the laws of the developer’s jurisdiction.
Entire Agreement: This document constitutes the entire agreement between the parties, superseding all prior agreements, whether written or oral.

By confirming each of the above paragraphs, I acknowledge that I have read, understood, and agree to abide by the terms and conditions set forth in this Software User Agreement.

2. Software Subscription Agreement

1. Subscription Term and Renewal

Initial Subscription Term: The initial subscription term for the software shall commence on the date the subscription is activated and shall continue for a period selected and paid for by the subscriber.
Renewal: Upon the expiration of the initial term, the subscription can be renewed by purchasing a new subscription license from the supplier or their local representatives. The subscription fee for each renewal period may be subject to adjustment in accordance with the provider’s pricing policy.
Pausing of the subscription period: Once activated, the subscription period cannot be paused or interrupted.

2. Payment Terms

Subscription Fee: The subscriber shall pay the subscription fee as specified in the order form or invoice, on a 100% advance prepayment basis. The fee covers access to the software and any included support services during the subscription term.
Payment Methods: Payments may be made by PayPall, credit card, or a bank transfer. The subscriber shall ensure that all payment information provided is accurate and up-to-date.

3. Subscription Services and Support

Access to Software: During the subscription term, the provider grants the subscriber a non-exclusive, non-transferable license to access and use the software for the subscriber’s internal business purposes only. The latest available version of the software shall be accessed via download link on the official website of the provider or their local representatives, or a download link sent to the email address provided by the subscriber during the registration process from providers’ official email account, and the subscriber shall comply with all applicable usage guidelines and restrictions.
Support Services: The provider shall provide standard support services, which may include technical support, installation and activation guidance, and software User Manual, in accordance with the provider’s support level agreement. The provider reserves the right to modify the support services and their terms at any time upon reasonable notice to the subscriber.
Updates and Upgrades: The provider may, at its discretion, provide updates and upgrades to the software during the subscription term. Such updates and upgrades shall be subject to the terms of this agreement and any additional terms specified by the provider.

4. Intellectual Property Rights

Provider’s Rights: The provider retains all right, title, and interest in and to the software, including all intellectual property rights such as copyrights, patents, trademarks, and trade secrets. The subscriber is granted only a limited right to use the software as expressly permitted by this agreement.
Subscriber’s Content: The subscriber retains ownership of any content, data, or materials created or uploaded by the subscriber in connection with the use of the software. The provider shall not claim any ownership rights in the subscriber’s content, but may use such content for the purpose of providing the subscription services and support.

5. Confidentiality

Confidential Information: Each party shall treat as confidential and not disclose to any third party any confidential information of the other party, including but not limited to the terms of this agreement, business plans, strategies, technical information, and customer data. The obligations of confidentiality shall continue indefinitely after the termination or expiration of this agreement.
Exceptions: The confidentiality obligations shall not apply to information that (a) is or becomes publicly known through no fault of the receiving party, (b) is independently developed by the receiving party without use of the disclosing party’s confidential information, or (c) is required to be disclosed by law, regulation, or court order, provided that the receiving party provides reasonable notice to the disclosing party and cooperates in seeking a protective order or other appropriate remedy.

6. Limitation of Liability

Limitation of Liability: The provider’s total liability for any claim arising out of or related to this agreement, whether in contract, tort, or otherwise, shall be limited to the amount of subscription fees paid by the subscriber during the 30 calendar days period immediately preceding the event giving rise to the claim. The provider shall not be liable for any indirect, incidental, consequential, special, or punitive damages, even if the provider has been advised of the possibility of such damages.
Exclusions: The limitation of liability shall not apply to claims arising from the provider’s gross negligence, willful misconduct, or breach of confidentiality obligations.

7. Termination

Termination by Supplier:
– Effects of Termination: Upon termination of this agreement, the subscriber shall cease all use of the software. The provider shall have no obligation to provide any further access to the software or support services after the termination date.
The subscriber has the right to use the software in accordance with the terms of this agreement until the end of the subscription period.

8. Governing Law and Dispute Resolution

Governing Law: This agreement shall be governed by and construed in accordance with the laws of People’s Court of China, without giving effect to any choice of law or conflict of law provisions that would cause the application of the laws of any other jurisdiction.
Dispute Resolution:Any disputes arising out of or relating to this agreement shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiations, either party may submit the dispute to People’s Court of China for final resolution.

9. Final Confirmation

The subscriber hereby confirms that they have read and agreed to the terms and conditions set forth in the Software User Agreement provided previously. The subscriber acknowledges that they have confirmed the following:

They possess a computer that meets the necessary specifications to run the software.
They have the correct joystick model that is compatible with the software.
They agree that the payment made for the software subscription is non-refundable once the software license is sent.
They agree that the software license will be sent to their email address as indicated during the registration process. The subscriber understands that their use of the software subscription is subject to these confirmed terms and conditions, in addition to the terms of this Software Subscription Agreement.

10. Miscellaneous

Entire Agreement: This agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
Amendments:This agreement may not be amended or modified except in writing signed by both parties.
Assignment: The subscriber shall not assign this agreement or any rights or obligations hereunder without the prior written consent of the provider.
Notices: All notices required or permitted under this agreement shall be in writing and shall be deemed given upon personal delivery, email, or courier service to the addresses specified by the parties.

11. Incorporation of Order and Payment Information

The order form and payment information submitted by the subscriber are hereby incorporated into and made an integral part of this agreement. The terms and conditions set forth in the order form and payment information shall be deemed inseparable from this agreement and shall have the same force and effect as if fully set forth herein. Any discrepancies between the terms of this agreement and the order form or payment information shall be resolved in favor of the terms of this agreement.