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This End-User License Agreement ("EULA") is a legal agreement between you and Invernyx, Inc.
This EULA governs your acquisition and use of any Invernyx, Inc. Software ("Software") directly from Invernyx, Inc. or indirectly through a Invernyx, Inc. authorized reseller or distributor (a "Reseller"). A list of authorized resellers and distributors can be found on the same brand-specific website the Software is advertised on, if applicable.
Please read this EULA carefully before completing the installation process and using the Invernyx, Inc. Software. It provides a license to use the Invernyx, Inc. Software and contains warranty information and liability disclaimers.
If you register for a free trial of the Invernyx, Inc. Software, this EULA will also govern that trial. By clicking "accept" or installing and/or using the Invernyx, Inc. Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA.
If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA, do not install or use the Software, and you must not accept this EULA.
This EULA shall apply only to the Software supplied by Invernyx, Inc. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Invernyx, Inc. updates, supplements, Internet-based services, additional downloads, and support services for the Software, unless other terms accompany those items on delivery.
By accepting this EULA, you acknowledge that there may be additional agreements or policies that apply to areas such as refunds, support guarantees, or privacy that may not be explicitly mentioned within this agreement. These policies and/or agreements can be found on this Legal Page. You accept that it is your responsibility to locate, understand, and accept those agreements and/or policies prior to accepting this EULA.
License Grant
Invernyx, Inc. hereby grants you a personal, non-transferable, non-exclusive license to use the Invernyx, Inc. Software on your devices in accordance with the terms of this EULA.
You are permitted to install, load, and/or use the Invernyx, Inc. Software on a device under your control (for example a PC, laptop, mobile phone or tablet). You are responsible for ensuring your device meets the minimum requirements of the Invernyx, Inc. Software.
You are not permitted to:
Intellectual Property and Ownership
Invernyx, Inc. shall, at all times, retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Invernyx, Inc.
Invernyx, Inc. reserves the right to grant licenses to use the Software to third parties.
Termination
This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Invernyx, Inc.
It will also terminate immediately if you fail to comply with any term of this EULA. Upon such termination, the licenses granted by this EULA will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA.
Governing Law
This EULA, and any dispute arising out of, or in connection with, this EULA, shall be governed by and construed in accordance with the laws of the United States of America.
The following terms and conditions (collectively, these "Terms and Conditions") apply to your use of any and all Invernyx, Inc. owned or operated websites, including any content, functionality and services offered on or via them (the "Website").
Please read the Terms and Conditions carefully before you start using the Website, because by using the Website you accept and agree to be bound and abide by these Terms and Conditions.
We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
Conduct on Website
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website.
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website.
However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Intellectual Property
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Invernyx, Inc.
You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website.
Third Party Websites
This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.
These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.
Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of the Website is at your sole risk. The Website is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limits to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
Term and Termination
This Terms and Conditions will become effective in relation to you when you create an account on the Website or when you start using the Website and will remain effective until terminated by you or by us.
Invernyx, Inc. reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Website whether in contravention of this Terms and Conditions or otherwise. If Invernyx, Inc. terminates this Terms and Conditions, or suspends your account for any of the reasons set out in this section, Invernyx, Inc. shall have no liability or responsibility to you.
Assignment
Invernyx, Inc. may assign this Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.
Governing Law
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United States of America without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted in a judicial chamber before a judge legally licensed to conduct judicial review within the confinements of the state of Florida, in the United States of America.
At Invernyx, Inc., we collect and manage user data according to the following Privacy Policy. This policy applies to any and all Invernyx, Inc. owned or operated websites, including any content, functionality and services offered on or via them (the "Website") and any software, products, or services offered directly by Invernyx, Inc. or through an authorized Invernyx, Inc. reseller or distributor (the “Software”).
Data Collected
We collect information you provide directly to us. For example, we collect information when you create an account, subscribe, participate in any interactive features of our services, fill out a form, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, credit card information and other contact or identifying information you choose to provide.
We collect anonymous data from every visitor of the Website to monitor traffic and improve our software and/or infrastructure. For example, we may collect information like web requests, the data sent in response to such requests, the Internet Protocol address, the browser type, the browser language, and a timestamp for the request.
We also use various technologies to collect information, and this may include sending cookies to your computer. Cookies are small data files stored on your hard drive or in your device memory that helps us to improve our services and your experience, see which areas and features of our services are popular and count visits. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used in our services or emails and to track count visits or understand usage and campaign effectiveness.
Use of the Data
We only use your personal information to provide you services and products or to communicate with you about the Website or provided services and products.
We employ industry standard techniques to protect against unauthorized access of data about you that we store, including personal information.
We do not share personal information you have provided to us without your consent, unless:
Sharing of Data
We don't share your personal information with third parties. Aggregated, anonymized data is periodically transmitted to external services to help us improve the Website and service.
We may allow third parties to provide analytics services. These third parties may use cookies, web beacons and other technologies to collect information about your use of the services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information.
We also use social buttons provided by services like Twitter, Google, LinkedIn and Facebook. Your use of these third party services is entirely optional. We are not responsible for the privacy policies and/or practices of these third party services, and you are responsible for reading and understanding those third party services' privacy policies.
Opt-Out, Communication Preferences
You may modify your communication preferences and/or opt-out from specific communications at any time. Please specify and adjust your preferences.
If you wish to have your data deleted, please contact our support team at support[at]invernyx.com with your request and our team will assist you.
Security
We take reasonable steps to protect personally identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. But, you should keep in mind that no Internet transmission is ever completely secure or error-free. Email sent to or from the Website may not be secure.
Minimum Age Policy
The Website and Software are not intended for children under the age of 13. We do not knowingly collect personally identifiable information from visitors in this age group.
Changes to the Privacy Policy
We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.
If we make major changes in the way we collect or use information, we will notify you by posting an announcement on the Website or sending you an email.
This policy applies to any website hosted and managed by Invernyx, Inc. (the "Company"), including any content, functionality and services offered on or via the website and any Company software directly from the Company or indirectly through a Company authorized reseller or distributor.
Due to the nature of electronic commerce, in that in most cases it is impossible to ensure complete return of the product, all sales are final. If a transaction reversal (also known as a chargeback) is issued via any payment method, Invernyx, Inc. reserves the right to suspend any relevant accounts and associated usage of the Software and/or the Website until the conflict is resolved. The extent of the enforcement of the refund and transaction reversal policies is at the sole discretion of Invernyx, Inc..
Invernyx, Inc. will make reasonable attempts to resolve any issues with the Software or the Website that prevent the use of the Software or the Website as advertised within a timely manner. Support is available through Invernyx, Inc. directly via methods officially provided, including, but not limited to, email support and brand-specific helpdesk portals.
Preamble
All “Sweepstakes” are on a “No Purchase Necessary” term WHEREAS the user shall not submit any value of currency towards “Invernyx, Inc.” to claim or be considered to win the NON-VALUE product “Invernyx, Inc.” releases. Purchase does not enhance chance of winning.
Eligibility
This Campaign is open only to those who sign up at via the approved methods or submit the required form and who are either over the age of 18 or are accompanied by an adult where the adult is required to submit the required information to be considered in the “Sweepstakes” at the time and date of Sweepstake. The Campaign is available to countries WHEREAS the user is in full compliance with local law and is void where prohibited by local law and FTC compliance. Employees of Invernyx, Inc., its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employer are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
Agreement to Rules
By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Invernyx, Inc. as final and binding as it relates to the content of this Campaign.
How to Enter
Each user must fulfill all Campaign requirements, as specified, to be eligible to win the “Sweepstakes”. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Invernyx, Inc.. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Invernyx, Inc.. Each prize that is rewarded at the end of each “Sweepstake” or “Campaign” holds no “Monetary Value”, or “Virtual Currency” and is not to be traded, redistributed, or sold for monetary gain. Each prize is subject to terms and conditions that Invernyx, Inc. holds in place on their distribution terms and conditions for Invernyx, Inc. assets and entities.
Prizes
The Winner(s) of the Campaign or “Sweepstakes” will receive said giveaway promptly from the time the drawing was made as applicable per the nature of the prize. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted.
Odds
The odds of winning depend on the number of eligible entries received.
Winner Selection and Notification
Winner will be selected by a random drawing under the supervision of Invernyx, Inc.. Winner will be notified by Email contact, appropriate location where Winner and Invernyx, Inc. are both able to communicate easily, or with provided means of contact within five business days (Monday-Friday) following selection of Winner. Invernyx, Inc. shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 24 Hours from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT INVERNYX, INC.‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Terms & Conditions
Invernyx, Inc. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Invernyx, Inc.’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Invernyx, Inc. may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Invernyx, Inc.. Invernyx, Inc. reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Invernyx, Inc. has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Invernyx, Inc. reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability
By entering, You agree to release and hold harmless to Invernyx, Inc. and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
Disputes
ANY Campaign HELD UNDER THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND LOCAL STATE LAWS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in FLORIDA, USA having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
Privacy Policy
Any information collected from or about the user for or via the Campaign will be used solely for the purpose(s) stated, whether explicitly or implied, in the Campaign, including, but not limited to, determination of the winner and Campaign related correspondence. This information will not be released unless required by law.
Social Media
The Campaign hosted by Invernyx, Inc. is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitch, Twitter, Google Plus, Instagram, Youtube, LinkedIn, or any other social media entity that is not solely owned and operated by Invernyx, Inc..
Definition
Campaign refers to the term “Sweepstakes” WHEREAS “Sweepstakes” is not to be considered or viewed as a “Lottery”, or any form of “Gambling” WHEREAS users gain some form of monetary value or virtual currency. “Sweepstakes” is to be commonly referred to as a “Prize Giveaway” for legal litigation. NO PURCHASE IS NESSESARY.
When a contestant submits the request to participate in any “Sweepstakes” hosted by Invernyx, Inc. in any means or fashion, the Contestant agrees to all the terms and conditions listed above. All “Giveaways”, “Sweepstakes”, or “Promotional Giveaway’s” or subject to this form of “Official Rules and Guidelines” and contestant agrees to forfeit their prize where required by law. Invernyx, Inc. is in full compliance with LOCAL, STATE, FEDERAL, and INTERNATIONAL LAW and will comply with the FULLEST if any terms in this “Official Rules and Guidelines” are unfit.
The TFDi Design MD-11 Collector's Edition Presale Terms and Conditions is a legal agreement between you ("The Customer") and Invernyx, Inc. ("The Company"). By checking the box at checkout, you agree to these terms.
The agreement governs our responsibilities, agreements and conditions of purchase. Customers who purchase the product will also be bound by other legal policies as outlined above.
The Company agrees to:
The Customer agrees to:
The Company further agrees to make all release dates knowledge to the early supporters ahead of public releases where possible, and to ensure the speedy development of the aircraft in line with company procedures and policies. The Company takes no responsibility for unforeseen delays to the development process but will endeavour to hit the public intended release dates wherever possible.
No customer is required to enter in to the Presale if they do not wish to, and this will not prohibit future access.
This agreement was renamed and this section was added for clarification on the 29th of June, 2023. This agreement applies only to the TFDi Design MD-11 Collector's Edition presale that occurred in December of 2022.