We (hereinafter: the "Operator") sell products and services to end customers in different legal ways. Depending on the subject matter of the contract -- i.e. the product and/or service to be purchased -- you (hereinafter: the "Seller") either conclude a contract with the Operator that allows the Operator to subsequently sell the relevant products and/or services to the end customers of the Operator in the Operator’s own name (hereinafter: "Proprietary Business") or the Operator acts as a proxy for each product and/or service and mediates a contract between the Seller and the end customer (hereinafter: "Proxy Business"). The following provisions only regulate Proxy Business; regulations for Proprietary Business should be agreed separately between the Seller and the Operator and are not the subject of these terms and conditions. When the Seller opens a Seller Account, a contractual relationship is established between the Seller and the Operator, with the following content.

1. The Seller may propose software and/or hardware products to the Operator for sale on the platform simmarket.com (hereinafter: "the Platform"). The Seller can do this periodically by submitting the following information, among other things, to the Operator through the Seller’s simMarket sales account: upload of product files; product description including screenshots or photos; net sales price of the product on the Platform.

2. If the Seller proposes a product to the Operator, the Operator will draft a product page for integration into the Platform and send the Seller a copy of this page (or a link to it) for approval. By approving the product page drafted by the Operator, the Seller agrees that the Operator is entitled to publish this page with its proposed content live on simmarket.com.

3. By approving a product page, the Seller agrees the following:

3.1 The Operator is authorised to offer the product on the Platform for download, or in the case of hardware for purchase, on behalf of the Seller and for the account of the Seller. This right is not geographically restricted, i.e. the product may be purchased by end customers worldwide, regardless of their place of residence. For the avoidance of doubt, the parties explicitly agree that the Operator is not obligated to offer the product at all or in any specific way. Accordingly, the Operator may decide on the positioning of the product on the Platform and the advertising of the product in advertising measures such as newsletters at all times and at the Operator’s own discretion. The Operator may also remove the product from the product range and/or temporarily or permanently discontinue the operation of the Platform as a whole at any time, for example due to maintenance work or technical faults.

3.2 Any contract with an end customer who downloads or orders a product via the Platform is concluded exclusively between the end customer and the Seller. The Operator merely facilitates the conclusion of this contract by presenting the product on the Platform and offering the possibility to download or order. The contract with the end customer is concluded when the end customer places the product in Platform’s shopping cart and completes the ordering process of the Platform implemented by the Operator. The Seller grants the Operator any legal powers required to conclude the contract. Please refer to Subsection 3.5 for special provisions concerning Value Added Tax (VAT).

3.3 The Seller acknowledges that, in accordance with the mandatory statutory provisions, the end customer may under certain circumstances be entitled to revoke the contract concluded between the end customer and the Seller. If an end customer exercises this right of cancellation and must therefore be refunded, the Seller shall be primarily responsible for doing so. However, if the end customer demands return of the payment from the Operator, the operator is entitled to satisfy this demand for the account of the Seller. In this case, the Operator is then entitled to deduct the corresponding amount owed by the Seller, as well as any bank processing fees, from outstanding payments to the Seller arising from other transactions. If there are no such payments at the relevant point in time, the Seller must reimburse the corresponding amount in cash.

3.4 The price at which the Seller offers the product on the Platform shall be determined by the Seller alone. However, the net price may not be less than €5. The Seller is entitled to change the price at any time on the Seller’s simMarket sales account.

3.5 Notwithstanding Subsection 3.2, simMarket and not the Seller shall be deemed the contractual partner for VAT purposes when the end customer of the software download is a service recipient resident in the EU. In cases where simMarket is considered the contractual partner for VAT purposes, simMarket shall be responsible for submitting the VAT incurred on the end customer’s payment.

4. The Seller agrees that the contract with the end customer shall be governed by German law and, if applicable, that the place of jurisdiction shall be Germany. However, the Operator does not guarantee that this agreement will have legal effect in all cases; in particular, specifying the place of jurisdiction may be inadmissible for legal reasons, foreign legal norms may claim precedence despite such a specification, or the specification may generally fail to apply in certain cases.

4.1 In addition, the Seller agrees that the concluded contract shall include general terms and conditions that the Operator may specify at the Operator’s own discretion and is entitled to change at any time. The general terms and conditions for end customers currently specified by the Operator can be viewed at simmarket.com.

5. Warranty claims and other claims arising from the contract concluded between the end customer and the Seller via the platform shall be fulfilled exclusively by the Seller. The Seller undertakes to indemnify the Operator from all claims and reimburse the Operator for all damages and costs incurred by the Operator as a result of claims made by end customers arising from contracts concluded for the Seller’s products via the platform.

6. The Operator collects the payment for the Seller’s product from the end customer on behalf of the Seller. In this respect, the Operator is authorized to accept payments on behalf of the Seller. The Operator shall regularly settle any payments accepted on behalf of the Seller in accordance with the provisions of Section 9 below. The Operator is entitled to deduct any commission to which the Operator is entitled from the corresponding amount.

7. Regardless of the legal grounds, the Operator shall only be liable for damages caused by the Operator’s employees and vicarious agents if these damages occurred intentionally, through gross negligence, or, in the event of a breach of a material contractual obligation, through simple negligence. A material contractual obligation is any obligation whose fulfilment enables the proper execution of the contract and on whose observance the Seller relies or may rely as a matter of course.

7.1 In case of simple or gross negligence under Section 7, the liability shall be limited to typical damages that were foreseeable at the time of the conclusion of the contractor at the time of the breach of duty.

7.2 The liability of the Operator arising from the violation of an expressly granted guarantee, any damages under the Product Liability Act (ProdHaftG), or any injury to life, body or health remains unaffected.

7.3 In the event of a loss of data, the Operator’s liability under Section 7 shall be limited to the typical restoration costs that would arise if risk-appropriate backup copies were regularly created.

7.4 The Operator is not liable to the Seller for the fulfilment of the payment obligations of the end customer. In particular, in cases where an end customer has paid by credit card or with an online payment service and the payment is subsequently reversed, the Operator is not obligated to make a payment to the Seller. If the Operator has already paid out the end customer’s original payment to the Seller, the Seller is obligated to refund the payment. The Operator may instead choose to deduct the refundable amount from outstanding payments to the Seller arising from other transactions. The Seller shall reimburse the Operator for any costs incurred by the Operator due to the cancellation of a payment by the end customer; the previous sentence also applies to this provision.

8 The Operator shall receive a commission for all transactions involving the Seller’s products that are concluded via the Platform. The amount of the commission depends on the remuneration and marketing model selected by the Seller ("Commission Plan"). The applicable commission rates are shown in an overview that can be displayed.

8.1 The commission shall be calculated on the basis of the net amount invoiced to the customer for the Seller’s product (excluding VAT).

8.2 The claim for payment of the commission arises as soon as and to the extent that the end customer makes the payment for the transaction that gives rise to the commission.

9. For each calendar month, at the latest by the last day of the following month, the Operator shall issue a statement of the transactions involving the Seller’s products that were completed during that month, as well as the commission claims that are due. To do this, a link to an online statement can be sent to the Seller by email. In general, the monthly statement is available to be viewed in the simMarket sales account. The Seller must review the statement without delay and raise any objections to the Operator within one month of the statement’s issuance at the latest;otherwise, the statement is considered to have been accepted. The commission is due once the statement has been issued. The payments accepted by the Operator from end customers on behalf of the Seller shall be paid out by the Operator - less any amounts due to the Operator - to the Seller within one week of the statement. Any transfer fees incurred shall be borne by the Seller.

9.1 The operator always pays out in Euro, the seller has to make sure that his bank accepts Euro.

9.2 The Seller must always keep his payout data up to date. Transfer fees and returned transfer charges will be borne by the recipient.

10. The contractual relationship between the Operator and the Seller is not exclusive. The Seller is free to market the product in other ways. Conversely, the Operator is free to market similar and competing products from other providers via the Platform.

11. The Seller guarantees that the products proposed by the Seller for marketing on the Platform are free of third-party rights and that the Seller is entitled to sell them worldwide. The Seller undertakes to indemnify the Operator on first request from any claim and reimburse the Operator for all damages and costs incurred by the Operator as a result of end customers or other third parties asserting claims against the Operator due to an alleged defect of title and/or an alleged violation of rights in connection with a product offered by the Seller. For hardware, the same applies to claims against the Operator concerning product liability.

12. The Seller undertakes to keep all files associated with products offered on the Platform available at all times or, in the case of hardware, to ensure their constant availability. The Seller must inform the Operator of any restrictions immediately after they become apparent to the Seller.

13. The contractual relationship between the Operator and the Seller is established for an indefinite period of time. Both parties are entitled to terminate the relationship at any time without notice. Any termination must be made in writing.

13.1 After termination of the contract, the Operator will no longer offer the Seller’s products on the platform. The validity of transactions concluded before the termination of the contract shall remain unaffected. The authorisation granted to the Seller to retain and offset payments shall also remain in force until all claims against the Seller have been settled.

13.2 The contractual relationship between the Operator and the Seller is subject to German law to the exclusion of the provisions of international private law. UN sales law does not apply. The place of performance for all contractual obligations and - insofar as no other exclusive jurisdiction exists by law - the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Operator; however, the Operator may also choose to initiate legal proceedings against the Seller at any legal place of jurisdiction.

These "Terms and conditions for the sale of products via simMarket" exist in an English version and in a German version. The English version serves as a convenience translation while the German version is legally binding.

Customer Reviews
Comment to my previuous review OF course, as usual, the screenshots DO NOT capture the real work done
Those who criticise the looks have no idea what they are talking about while i'm not a pilot i have sat in a real vampire and the cockpit was just how it was in the real world, i also see no problems with the texturing and quality on the exterior model either, and while i have seen a few planes textured a little better they in no way deserve your crummy 1 star. The external textures are part of the livery and could be improved by other textures if they get made anyway.. That all being said i do have some issues, the documentation while good can be a little confusing in its wording i am guessing this maybe a language translation issue i would also for this price hoped it would come with a few different versions and some historical liveries like raf. After shutting down ambient sounds vanish which is a little weird and there is no sound difference between canopy open and closed The labels in the cockpit are German? while i hate to be arrogant most simmers speak English and English is the international language of aviation so would have been nice to have them in English .apart from those which are minor the plane is great to fly and the sound of the Goblin Engine is amazing. i found it pretty tricky to land getting the speed right i also found it very easy to spin and i haven't been able to recover from it maybe its me or maybe its unrecoverable i have no idea if the real one was so easy to spin also that engine blows up a lot so need to keep the throttle down out of the red all in all a good product and i hope a few fixes are made to make it even better
Despite the lack of inside modeling, its a very good work And the terminal is very precisely designed. The airport itself includes many buildings. As usual with Tropical Sim, the screenshots desserve the product
Those who criticise the appearance of the cockpit have certainly never sat in it. I have flown this plane, I can assure you that it is a very faithful historical reconstruction not only in appearance but also in performance, and not an avatar!
Textures are abysmal. Seems all the ground textures were done with google images. Runway textures is horrid and crooked. I wish more time was put into this project as this is my home airport. There's much to be desired. It seems extremely rush. Not worth the money.
I really love this Plane. This and Br Sim Design's H35 Vtail are just fantastic. Some of the best engine vibration effects and prop effect i have seen. Flight model is great and the plane is such a joy to fly. I have both and they are a part of my regular rotation. This one is unique in its design. Definately worth it! You won't regret it.
Rather well done. I was skeptical at first but it flies nice, it's modeled nice, textures are good and on top of that it has a cool and unique custom efb smart phone with apps (weather, gps, notepad)Even comes with a well modeled fuel truck and transport car for those who like extra immersion. All in all you can tell the dev put passion into this XA42.
First I’d like to confirm that this is fully compatible with FSX Steam Ed. You only need to direct the install to you FSX Steam root folder which is very easy to do. There aren’t a lot of Russian military fighters to choose from or compare this to but this is definitely the best you can buy. The modeling of this SU27 is really quite good. Excellent exterior with reflections and shine as well as detailed aircraft modeling. All switches and panels in the cockpit are 3D. No sections that are just 2d photos pasted into position (like AFS Designs SU planes) while all switches, dials and knobs are 3d, only a handfuls are actually clickable. Only the most important can be clicked and the rest are not simulated at all. At least the VC is accurate and looks great! The Mach indicator in the Airspeed dial doesn’t seem to work. For example when I am at fl360 going 1200 kmh the Mach ready should read approximately (based on conversion charts and speed converter applications taking pressure, temp etc in to consideration) Mach 1.6 but is actually blank at the needle point. The AoA limiter allows for the most stable flight behaviors and forgives excessive stick input. Turn it off and the plane becomes vastly more maneuverable but also less forgiving of extreme movements, but is the only way to perform a “cobra”. With the limiter off, it becomes far more easy to accidentally enter high speed aerodynamic stalls and uncontrolled rolls and spins. When that happens you can hit the “auto recover” button and the plane will usually recover itself even if the pilot blacks out. The overall flight model feels very different from other jet (like F15, F14 etc) fighters of the era making for a nice change of pace if you’re used to American types. The audio is very cool! The engines sound as powerful as they should. Very nice afterburner effects and unique audio set adds to the overall immersion. Turn it up! Overall this is the best SU27 I can find. While little of the systems are simulated (typical of most planes of this type anyway) you get the most important and can enjoy the flight and extreme maneuvering capabilities just fine. It’s priced well all things considered. Excellent frame rates! Based on use with FSX Steam Edition Win 10 3.3ghz i7 16GB ram Intel UHD630 integrated GPU
Best aircraft I have flown in-game. I highly recommend this F35 to anyone who wants great immersion.
nothing to say top scenes with beautiful graphics, well optimized. I recommended it to you
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