ACCESS LICENSE AGREEMENT FOR AVIANIS OPERATIONS MANAGEMENT SOFTWARE
IMPORTANT: AVIANIS SOFTWARE IS NOT INTENDED FOR USE AS A PRIMARY FLIGHT INSTRUMENT FOR USE IN THE OPERATION OF AIRCRAFT, OR FOR ANY USE WHERE THE FAILURE OF AVIANIS SOFTWARE COULD LEAD TO ANY IMPAIRMENT OF PILOT PERFORMANCE, CONTROL OR OPERATION OF THE AIRCRAFT. FURTHERMORE, AVIANIS SOFTWARE SHALL NOT REPLACE THE REQUIREMENTS OF THE OWNER OPERATOR TO ENSURE THAT THE AIRCRAFT IS MAINTAINED IN ACCORDANCE WITH THE FEDERAL AVIATION REGULATIONS.
YOU SHOULD READ THIS AGREEMENT BEFORE ENTERING AVIANIS'S WEBSTITE AND/OR USING AVIANIS’S SOFTWARE. CLICKING ON "I Agree" AND ENTERING THE AVIANIS WEBSITE ING AND/OR USING THE PROGRAM INDICATES YOUR ACCEPTANCE OF THE TERMS STATED BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, CLICK ON "I Do Not Agree AND THE PROGRAM WILL CLOSE.
1. USE OF PROGRAM. You may enter the Avianis website with Avianis provided account credentials and use the Avianis operations management platform, services, information, software, documentation, data, artwork, text, video, audio, pictures and other related materials to which you are provided access under this Agreement (collectively, "Materials") solely for its intended commercial purpose. You will not make copies of the Materials in any format for further distribution, including commercial and/or other non-commercial purposes. All access to the Avianis Materials shall be supplied under and remain subject to the terms and conditions of this Agreement. Your username and password may not be shared, transferred or distributed to any person for the purpose of granting access to the Materials to multiple users unless specifically authorized by Avianis to do so. Furthermore, your use of the Avianis Materials shall convey upon Avianis the express authority by you for Avianis to utilize the data collected from your day to day usage of the Avianis Materials in order for Avianis to compile statistical analysis of aircraft usage, travel trending, trip cost and revenue trending, FBO utilization trends, travel times, maintenance trending, and general financial trending. Avianis expressly agrees that no personal and/or company specific information will be utilized without express written consent by you.
2. COPY RESTRICTIONS AND OTHER RESTRICTIONS. Except as specifically permitted in the documentation and instructions accompanying the Materials, you may not modify or adapt the Materials or reverse engineer, decompile or disassemble any Materials consisting of software programs. Without Avianis' prior written consent, you may not use the Materials to provide education courses to third parties or otherwise charge any fee for access to or use of the Materials. Except as specifically permitted in this Agreement, you may not republish, post, transmit, distribute, transfer, sell, assign or otherwise convey any of the Materials to any other parties without Avianis' prior written consent. You shall not remove any copyright notices or other proprietary notices from the Materials. The Materials have been compiled by Avianis from a variety of sources, and are subject to change without notice.
3. COPYRIGHT AND OWNERSHIP. The Materials are owned by Avianis, its subsidiaries or their suppliers and are protected by copyright laws and international treaty provisions. You acquire only the non-exclusive right to use the Materials as permitted herein and do not acquire any rights of ownership therein. The Materials may be the subject of other intellectual property rights of Avianis, LLC and its partners/suppliers which are reserved by Avianis and its partners/suppliers and are not licensed hereunder.
4. TERMINATION. Avianis may immediately terminate your license to use the Materials on notice to you if you breach any of your obligations hereunder. Upon termination, your access will be revoked and you shall cease using the Materials and shall destroy all copies of them in any form. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement.
5. LIMITED WARRANTY. The Materials are provided AS IS, without any warranty whatsoever. Avianis DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Avianis makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Materials. Avianis makes no warranty, representation or guaranty that your usage of the Materials will be uninterrupted or error free or that any defects can be corrected.
6. LIMITATION ON LIABILITY. NEITHER AVIANIS, ITS SUBSIDIARIES NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY INACCURACY OF DATA, LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. For purposes of this Section, "Avianis" shall include Avianis, LLC, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of Materials. You expressly acknowledge and agree that use of the Software and fonts is at your sole risk. The Materials and related documentation and fonts are provided "AS IS" and without warranty of any kind and AVIANIS, LLC EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVIANIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE AND THE FONTS WILL BE CORRECTED. FURTHERMORE, AVIANIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE SOFTWARE AND FONTS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AVIANIS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR ANYWAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AVIANIS OR A AVIANIS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. EXPORT. You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Materials or any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws.
U.S. GOVERNMENT RESTRICTED RIGHTS. The MATERIALS and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or in subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Avianis Systems LLC, 512 Sunny Ln. Suite B, Austin, TX 78704
8. GOVERNING LAW; COMPLETE AGREEMENT. This Agreement constitutes the complete agreement between the parties with respect to the Materials and is governed by the laws of the State of Florida, without reference to conflict of laws principles. In any dispute arising out of this AGREEMENT, you and AVIANIS each consent to the exclusive personal jurisdiction and venue in the State and Federal courts within Hillsborough County, Florida.
Should you have any questions concerning this AGREEMENT, or if you desire to contact Avianis, LLC for any reason, please write: Avianis Systems LLC, 512 Sunny Ln. Suite B, Austin, TX 78704.