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END-USER LICENSE
AGREEMENT
for MachNumber
Aviation Records Corporation's Trip Management Software
Your access to and use of MachNumber, Aviation Records Corporation's
proprietary Internet software, is subject to the terms of the
agreement below ("Agreement"). By agreeing to the terms and
conditions of the Agreement, you represent that you are 18 years of
age or older and have contractual capacity. Aviation Records
Corporation reserves the right to suspend your access if you misuse
the product or violate the terms of this Agreement.
1. MachNumber. You are granted a non-exclusive, non-transferable,
limited license to use MachNumber. You may not reverse engineer,
decompile, disassemble or otherwise attempt to determine the source
code of the components of MachNumber nor may you reproduce all or
any portion of the software code or the "look and feel" of
MachNumber for any reason. You may print reports and other screen
displays as may reasonably be required in the normal course of using
your access to the site and software for the use of your company.
Certain computers and computer browsers may not be capable of
supporting MachNumber. The performance of MachNumber may vary with
the computer, network, local software and the type and quality of
the internet connection you have elected to use.
(a) Multiple Locations. Multiple Location access allows you to
access the MachNumber software and data from terminals other than
your own and those designated by your employer. If you elect to use
a third-party computer, you must understand that computers not under
your exclusive control may have tracking/monitoring software
installed that can capture your login and password. You are solely
responsible for protecting your user login(s) and password(s).
(b) Security. If
you don't have sufficient expertise in-house to accomplish regular
screenings for workstation and network security, you are strongly
encouraged to employ the services of a computer security
professional to insure that your computers and their connecting
network are secure from intrusion and monitoring. Computers that
you own/lease and use regularly may have certain types of hardware
or software code installed that captures screen shots, keystrokes,
logins and password information. Among other efforts on your part,
we recommend that you make regular use of anti-virus and spyware
detecting/removal software to insure your computer system(s) are not
compromised along with quality network security equipment such as
SPI firewall hardware. The use of such software may not, by itself,
be adequate to insure your system is not compromised. If you have
any doubt, or even if you don't, consider retaining the services of
a computer security professional on a regular basis to insure your
systems are secure.
(c) Termination.
Aviation Records Corporation may terminate your service if you
misuse the product, if you violate the terms of this Agreement, if
any information provided by you is found to be false or fraudulent,
or for other cause.
(d) Safety
Restrictions. The core MachNumber application is not "flight
planning" software and may not be used as such. The itinerary
display is purely for providing an estimate as to possible departure
and arrival times. MachNumber can not be used for determining what
amount of fuel may be required for a particular leg or segment.
MachNumber can not be used to prospectively determine compliance
with FAA "Flight and Duty Time" regulations.
(e) Third-Party
Software. Aviation Records Corporation may elect to include or
"bundle" software code from third-party providers to perform such
functions as human resource management, pilot records management,
flight planning, fuel planning, fuel inventory, spare parts
inventory, the provision of weather information, the provision of
runway and airfield conditions, the provision of NOTAMS (Notices to
Airmen), maintenance management software and other software as
Aviation Records Corporation may deem appropriate. In all cases,
Aviation Records Corporation assumes no liability whatsoever for the
performance, non-performance, suitability, or accuracy of
third-party software or web sites. Any use of third-party software
or web sites that may be attached or affiliated with the MachNumber
product is done so at your own risk.
(f) Availability.
Although Aviation Records Corporation makes every reasonable effort
to insure our servers and internet connections remain available, we
accept no responsibility for any loss of business, revenue or any
other loss or thing you may suffer as a result of any single or
multiple hardware, software or internet connectivity failure.
(g) MachNumber is
a trip-centric record-keeping system that may also be used to
maintain "Pilot Flight Time" records from actual operations to
demonstrate compliance with "Pilot Flight Time Limitations" as
published in the Federal Aviation Regulations or equivalent rules
set forth by other US and non-US regulatory agencies. Use of
MachNumber as a record-keeping system for certain functions (such as
Pilot Flight Time) may be subject to regulatory agency approval.
Such regulatory approval you are solely responsible to apply for and
attain. Aviation Records Corporation assumes no responsibility or
liability in any form for any temporary or permanent lack of
availability on your part or ours to retrieve a record or set of
records. As you are performing the entry of this data into a
database system, the quality of such records is solely your
responsibility. Aviation Records Corporation strongly encourages
you to regularly make data and printed copies of your "Pilot Flight
Time" and other trip records and to keep them in a safe place.
2. License.
(a) Grant. You are granted a non-exclusive, non-transferable,
limited license to access and use MachNumber.
(b) Limitations. You may not copy, download, store, publish,
transmit, transfer, sell or use any feature of MachNumber except (i)
as permitted by this Agreement, (ii) with Aviation Records
Corporation's prior written permission, or (iii) if not prohibited
by this Agreement or as allowed under the Fair Use provision of the
U.S. Copyright Act. You may not sell, license or distribute data or
the use of Aviation Records Corporation's services, products,
software, program methods or program "look and feel" to third
parties.
3. Disclaimer of Warranties and Limitation of Liability. MachNumber
IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. AVIATION
RECORDS CORPORATION HAS NO LIABILITY TO YOU FOR ANY CLAIM(S)
RELATING TO THIS AGREEMENT OR ITS PERFORMANCE, REGARDLESS OF THE
FORM OF ACTION, WHETHER BASED IN CONTRACT OR NEGLIGENCE. IN NO EVENT
WILL AVIATION RECORDS CORPORATION BE LIABLE TO YOU FOR ANY CLAIM(S)
RELATING TO YOUR INABILITY OR FAILURE TO SUCCESSFULLY PRICE,
DISPATCH, MANAGE, DEBRIEF, OR RETRIEVE REPORTS FROM ENTERED DATA,
EVEN IF ASSISTED BY AVIATION RECORDS CORPORATION CUSTOMER SERVICE
REPRESENTATIVES. AVIATION RECORDS CORPORATION IS NOT LIABLE FOR ANY
LOSS OF WAGES, PRICING ERRORS, DATA ENTRY ERRORS, REPORTING ERRORS,
ITINERARY ERRORS, ENROUTE TIME OR FUEL ESTIMATE ERRORS OR OTHER
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES,
EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
4. Responsibility for Certain Matters. You are responsible for all
access to the MachNumber application through designated terminals
provided by your employer, or through any other Internet connection.
You are solely responsible for the maintenance and control of your
password. You agree not to allow unauthorized access to any Aviation
Records Corporation service.
5. Reservation of Rights. Aviation Records Corporation may modify
the terms and conditions of this Agreement at any time, including
the imposition of access limitations.
6. Notices. All notices are sent to Aviation Records Corporation at
PO Box 49067, Charlotte, NC 28277-0072.
7. Governing Law and Venue. The laws of the State of North Carolina,
USA govern this Agreement. You consent to exclusive jurisdiction and
venue of the courts of Mecklenburg County, North Carolina, United
States of America.
8. Other Provisions. This is the entire agreement between the
parties with respect to your right to access and use MachNumber. It
supersedes all prior agreements. Neither this Agreement nor any part
may be assigned, sublicensed or otherwise transferred by you without
Aviation Records Corporation's prior written consent. If any
provision of this Agreement is found to be void, invalid,
unenforceable, or illegal, the validity and enforceability of the
other provisions will not be affected. Failure to enforce any
provision of this Agreement is not a waiver of the provision or of
the right to enforce the provision. The headings and captions
contained are inserted for convenience only and do not constitute a
part of the Agreement.
This agreement may be modified without prior notice to any party,
and will supersede all prior agreements.
You understand that Aviation Records Corporation may periodically
monitor the use of its MachNumber software's services, through
electronic and other means. You agree to cooperate with any
reasonable requests for information made upon you by Aviation
Records Corporation relating to use of its services. |