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The one and only Prepar3D EULA topic!

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No, I have nothing to say about the EULA right now, but I noticed LOTS of topics (even on other subforums) that mention P3D turn into a discussion about the EULA and if we are allowed to use P3D even though we don't really develop anything. So I decided to start this topic and 1. maybe everyone who wants to say something about the EULA would be so kind to do it here and 2. maybe the mods can mod discussions elsewhere into this topic, so that we are DONE with it in other topics... Thanks in advance, all!!! :(

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Ah, even better! I suppose no one really read that, at least not since the Flight announcement and the new interest in P3D...! :( Hopefully every EULA comment will be modded from now on and if so, this topic may locked NOW! :(

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Indeed, let's not discuss the legality of using a popular software package. We'll just close our eyes to it and that will make it ok. :rolleyes:I would think if there was a legitimate answer to my question it would have been provided by now, but from three forums no one has been able to explain it in a way that clarifies how we are even allowed to use P3D. I am no more inclined to break P3D's own EULA than I am any of the other developers that most definitely take them seriously. Just curious how every one else is justifying it, and so far it seems people are just looking the other direction.


- Aaron

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Indeed, let's not discuss the legality of using a popular software package. We'll just close our eyes to it and that will make it ok. :rolleyes:I would think if there was a legitimate answer to my question it would have been provided by now, but from three forums no one has been able to explain it in a way that clarifies how we are even allowed to use P3D. I am no more inclined to break P3D's own EULA than I am any of the other developers that most definitely take them seriously. Just curious how every one else is justifying it, and so far it seems people are just looking the other direction.
Well... the oddest thing is that companies who would gladly sue you if you even only try to use their software (which you already have for FSX) in P3D, and who even sell licenses just to allow you to do so, make money on what an outsider would describe as a breach of the EULA... "Don't you dare to breach our EULA, you have to pay for a new EULA! But feel free to breach that P3D EULA..." :( I know LM made very clear everyone may use P3D, even if you are not really a developer, but as I said, for an outsider who simply reads the EULA and doesn't visit forums like this, using P3D for fun would simply be breaching the EULA...Darned, now I am talking about it anyway... :( Maybe a mod can lock this topic... :( Edited by J van E

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What "Joe" has said on a forum is irrelevant, even if he is a representative of LM. What is relevant is what the EULA says and is what would be enforced in a lawsuit. If "Joe" has a voice in what is ok and what isn't, then "Joe" needs to change the EULA to reflect it.Again, I have no mission to accomplish here, I'm just trying to get straight in my head why all of this is ok, and why breaches of other license agreements isn't. Distributing multiple copies under the same license is also against the EULA. Is that ok too?


- Aaron

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Indeed, let's not discuss the legality of using a popular software package. We'll just close our eyes to it and that will make it ok. :rolleyes:I would think if there was a legitimate answer to my question it would have been provided by now, but from three forums no one has been able to explain it in a way that clarifies how we are even allowed to use P3D. I am no more inclined to break P3D's own EULA than I am any of the other developers that most definitely take them seriously. Just curious how every one else is justifying it, and so far it seems people are just looking the other direction.
Here is your legitimate answer....straight from Lockheed Martin:"Just to be clear (and trying not to sound defensive!). Anyone can purchase Prepar3D. We do not sell it as an entertainment product and the EULA talks about that, which means that it will not be appearing on the shelves of Best Buy next to Call of Duty any time soon..... I am not sure where the rumour started that we sell only to certain people, but anyone can buy it. It isn't about consumers, but end-use. If you are a pilot, simulation user, student, whatever and want to use it for familiarization, training, taxiing over bugs then go for it. If you are 10 or 110 it doesn't matter. If you want to use it at an arcade game, then buy something else. You can go to our website and purchase it with a credit card and download it. The commercial license version is $499 and we have added a considerable amount of features and made a lot of bug fixes to the code that we were fortunate enough to procure from Microsoft. A list of features can be found on our website at www.prepar3D.com. We certainly have added in bathymetry data to allow the use of submersibles and we have added in a few features for hard-core users that they should find interesting including true multi-channel (spreads the load of the image generator across multiple PCs), update to DirectInput 8 to allow up to 32 axes and 128 buttons per joystick, sensor views (night vision and infra-red), updated landclasses, GPS upgrades and so on. We have also updated and improved the SDK documentation and added more samples for developers. We are also going to be releasing an update version 1.2 of Prepar3D and the SDK in the next few weeks.Those that are looking to test, integrate, develop, investigate etc and therefore do not require a full commercial license can subscribe for $9.95 per month and receive 2 copies of the software. That is an option that many people are taking and I would be glad to see more people come on board and see what they can do with the app! There are no restrictions to joining the developer network.If people are using Prepar3D for commercial activities, then switching to the commercial license is appropriate and required.For Victor, sorry that the website isn't clear enough. I will work with Lockheed communications to try to get some clarity on that. We are just a bunch of engineers and not necessarily the best at marketing!!"Regards,John NicolPrepar3D.

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I have read that, and this was my response to that elsewhere.I'm happy to read that they seem to be on board with a wider audience than what the EULA seems to indicate. My issue is that a forum posting from one of the team members is not what would be used in a lawsuit concerning any license infringements, the EULA itself would be. That's it's purpose for existing. To clearly outline it's intended use, and to serve as support for enforcement where appropriate. So if what John has written below is how they see their product being used, then their EULA should reflect it. And until their legal documentation supports what they are posting in the forums I'm just a little confused how 3rd party vendors can release product against it.

Edited by slait

- Aaron

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I have read that, and this was my response to that elsewhere.I'm happy to read that they seem to be on board with a wider audience than what the EULA seems to indicate. My issue is that a forum posting from one of the team members is not what would be used in a lawsuit concerning any license infringements, the EULA itself would be. That's it's purpose for existing. To clearly outline it's intended use, and to serve as support for enforcement where appropriate. So if what John has written below is how they see their product being used, then their EULA should reflect it. And until their legal documentation supports what they are posting in the forums I'm just a little confused how 3rd party vendors can release product against it.
If this is the way LM staff / lawyers interpret thier own EULA, who are you or I to argue? From what I understand, John had already consulted with LM legal before posting that message. I assume LM legal wrote the EULA?What licence infringments? Who is going to sue you? LM? MS?For crying out loud...............

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I'm glad you are comfortable with it.


- Aaron

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I'm glad you are comfortable with it.
Why wouldn't I be?That should be the question you are asking yourself.Is this what the world has become? (or the USA at least) fear of using a legitimate piece of software, approved by the developers and freely available for purchase on a website for fear of litigation whilst using the software in your own home?I despair..............

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Oh Please close/ delete this thread!
Please feel free to stop reading it if it does not interest you. As adults we can have an adult conversation without the need to sensor it for those that don't want to participate.
Why wouldn't I be?
For all the reasons I've already stated. The legal document that was written by the vendor to outline how they wish their software to be used specifically calls out in the very first line that it isn't to be used for personal/consumer entertainment. Yet that is exactly what everyone here is using it for. If the vendor themselves had not made a post in a forum to the contrary, and actually held up the EULA as it is plainly written, then we would be in an entirely different boat. Anyone using it for personal entertainment purposes in that scenario, and was foolish enough to admit as such in the forums, would be burned at the proverbial stake.Again I ask, the EULA also states (in the same line I may add) that the license can only be used by one user at any one time. Can we go against that plainly written rule as well? Or is that a bad one because it hasn't been contradicted in the forum by the vendor? What parts of the EULA am I obligated to follow and which parts aren't I?

- Aaron

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