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Thread: A clarification from the prepar3d team.

  1. #1
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    Exclamation A clarification from the prepar3d team.

    Being in the same boat as many of you fellow simmers, I contacted the Prepar3d team directly and asked the questions that I think most of you (like me) would like to have clarified. They were kind enough to reply with a clear answer. Below is the verbatim message and their reply.
    ---------------------------------------------------------------------------------------------------------------------------------
    March 26, 2012
    Gentlemen thank you for the reply.
    I must point out however that the reply you offered still does not answer my question. I can see from the schedule who and how the software can be used for, but nowhere on the schedule is a licence for the home user offered.

    I am sure you are aware that I am not the only one wondering about this very point. As a member of the flight sim community for over 15 years, I read forums every night, and lately Prepar3d has been the topic of choice.

    As you know, we were relatively happy with FSX before, other than we all felt that MS needed to address some issues regarding pErformance and the ability to support new hardware. It seems that you have done just that. I am sure you realize therefore, the potential in number of units sold if you were to make the product available to the regular fligth simmer that is not affiliated with any training or educational agencies.

    I am sure (being the great company that you are) you have already looked at the different options and have made the right decisions, but I still wanted to rehiterate the fact that there is a huge number of simmers who feel let down by the new "MS flight" (I am one) and would buy Prepar3d in a heartbeat even at $199.

    So please let me be more specific and ask the same question as before but from a different angle, keeping in mind that I understand the liabilities side of it.

    1) If a a person were to download the sim and install it in a home computer which is NOT affiliated with any training or other agencies, for PERSONAL USE ONLY, what would happen?
    2) Would that person be liable for anything?
    3) Would the sim be somehow remotely blocked by LM?

    Please clarify these points as many are asking the same question.
    It goes without saying that once this is clarified I might inform the simming community so that they feel free to purchase the product.

    many regards.
    thank you.
    mark.
    -------------------------------------------------------------------------------------------
    REPLY:
    Hi, Thank you for your email. To be clear, using the application at home is not the issue. You can use the simulation at home, school or office. The end-use is the issue and it is specific in the EULA and on the chart web page provided:

    "Prepar3D application is not to be used, offered, sold or distributed through markets or channels for use as a personal/consumer entertainment product."
    We are unable to comment further on the EULA, nor interpret the EULA outside of the wording already incorporated in the document.

    Regards,

    The Prepar3D Team

  2. #2
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    Quote Originally Posted by mgovernali View Post
    -------------------------------------------------------------------------------------------
    REPLY:
    Hi, Thank you for your email. To be clear, using the application at home is not the issue. You can use the simulation at home, school or office. The end-use is the issue and it is specific in the EULA and on the chart web page provided:

    "Prepar3D application is not to be used, offered, sold or distributed through markets or channels for use as a personal/consumer entertainment product."
    We are unable to comment further on the EULA, nor interpret the EULA outside of the wording already incorporated in the document.

    Regards,

    The Prepar3D Team
    Funny, they cannot comment on nor interpret their own EULA.

  3. #3

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    Quote Originally Posted by tvieno View Post
    Funny, they cannot comment on nor interpret their own EULA.
    Of course they cannot comment... the EULA was written by the Lockheed Martin legal department - if you want or need more clarification than provided by the EULA itself you'll have to get in touch with them; there's no way the team is going there. The EULA says what it says - note that there are no constraints on what you, or LM do with the product other than what is explicitly written. If you are using it for study or non-entertainment purposes at home you're golden. The team has done everything but hit enthusiasts over the head with a hammer with regard to product availability and use without saying things they cannot say. The wise enthusiast would realize that and drop the subject entirely so that the "powers that be" are not annoyed and forced to take action.

    DJ
    Last edited by davidjones; 03-26-2012 at 07:27 PM.

  4. #4
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    That is the same message they have had posted on their website for a while.

    http://www.prepar3d.com/prepar3d-license-comparison/

  5. #5
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    I imagine the EULA is derived directly from the license terms with MS. As long as you don't entertain yourself, you are within the rights granted by the EULA. I would expect the practical issue would be more with an addon that was being marketed in a way that looked like entertainment (for example, an "adventure" or maybe a "mission"). But something like a PMDG addon, which markets on realism, would seem to have a conforming use.

    scott s.
    .

  6. #6
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    Prepar3D quote- "The end-use is the issue and it is specific in the EULA and on the chart web page provided:
    "Prepar3D application is not to be used, offered, sold or distributed through markets or channels for use as a personal/consumer entertainment product." - unquote

    Hmm, looks like they're keen to promote it to the air training industry as a super-duper "Professional-quality" flight simulator and will glare daggers at anybody who dares to suggest it's a regular home computer sim..

  7. #7
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    Personal Entertainment is the key word.
    But a very grey area. Lol!
    You can be serious in your simming to the point of treating it like study / work but derive some entertainment from it at the same time.

  8. #8

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    This is not entertainment. Its serious business!!!
    CPU: I7 4790K @ 4.5 ghz, GPU and CPU water cooled
    GPU: Gigabyte GTX 970
    MEM: Gskill Rippjaw 1866 17900
    MB: Gigabyte Gaming 5 Z97X

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    Quote Originally Posted by torkermax View Post
    This is not entertainment. Its serious business!!!
    I would call it serious entertainment!

  10. #10

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    Hi

    To me flying on a flight sim is entertaining, but I still learning somthing.

    Question: Am i breaking the EULA by learning somthing while being entertained at the same time?

    (I am totaly confused now)
    Last edited by pearson sim; 03-27-2012 at 04:47 AM.

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