The PilotAware Software (“Software”) you are about to install, run and/or use is licensed by PilotAware Limited, a company registered in England (No 09786359.), whose registered office is 19 John Mcguire Crescent Binley Coventry CV3 2QG United Kingdom (“PilotAware”), and is subject to the following licence terms (“Licence”).
By proceeding to install, run and/or use the Software, you confirm that you accept and agree to be bound by the terms of this Licence. If you do not agree to any of the terms of this Licence, PilotAware is unwilling to provide access to the Software to you and you should not proceed further and may not use the Software.
- Licence To Use The Software.
- Grant of Licence. Subject to the terms of this Licence, PilotAware grants you a non-exclusive, royalty-free, non-transferable, limited licence, without the right to grant sub-licences, to use the Software for your own personal, non-commercial use AS A SECONDARY POSITIONAL AWARENESS AID ONLY subject to the conditions set out in 1.2 below for the term set out in 4 below.
- USE RESTRICTIONS. PilotAware is a secondary positional awareness aid, it is not a collision avoidance device. PilotAware contains NO collision avoidance algorithms and will NOT give you any advice on how to avoid traffic or any advice to other traffic on how to avoid you. As Pilot in Command it is your responsibility to take all necessary actions to maintain safe flight, including collision avoidance and the safe use of this Software.
PilotAware Software is provided for use using Visual Flight Rules in Visual Meteorological Conditions only and is not certified to any standard.
It is a mandatory pre-requisite to using this PilotAware Software, that you have read, understand, agree and comply with the latest installation and operating instructions. The latest version of these documents are available at pilotaware.com.
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- Restrictions. You may not: (a) use the Software for or on behalf of anyone else (which includes operating any form of facility on behalf of anyone else or operating a software bureau service); (b) license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software; (c) copy or create derivative works from the Software or any part of it, including to produce a similar Software; or (d) modify, disassemble, decompile or reverse engineer the Software, except to the extent specifically authorised under applicable law notwithstanding contractual prohibition and provided that you first request PilotAware to make available to you interface information needed to achieve interoperability between an independent program and the Software. Such request must be submitted to PilotAware in writing and such information, if provided by PilotAware, shall be: (i) used by you solely for the purpose of achieving the required interface interoperability; and (ii) treated by you as Confidential Information (as defined in section 2 below).
- Open Source Software. The Software may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, “Open Source Software”). To the extent that the Software contains any Open Source Software, that element only is licensed to you pursuant to the relevant licence terms of the applicable third party licensor (“Open Source Licence Terms”) and not pursuant to this Licence, and you accept and agree to be bound by such terms. A copy of the Open Source Licence Terms will be made available upon request.
- TERM. This Software is licensed for a period of one year (or such other term as may be agreed by PilotAware) and is renewable by taking out a further subscription at www.pilotaware.com. The Software contains code that will prevent operation beyond the licensed Term.
- Confidentiality Obligations. You acknowledge that the Software contains confidential, proprietary and trade secret information belonging to PilotAware and you agree to hold such information, and any other confidential or proprietary information of PilotAware (collectively, "Confidential Information") in strict confidence and agree not to disclose any Confidential Information to any third party. You will have no obligation to maintain the confidentiality of any information which: (a) is or becomes publicly available without breach of this Licence; (b) is rightfully received by you from a third party without an obligation of confidentiality and without breach of this Licence; (c) is required to be disclosed by law or regulation or by court order; or (d) has been approved for release by written permission of PilotAware.
- Ownership. You acknowledge and agree that PilotAware or its third party licensors own all rights, title and interest in and to the Software and all modifications, enhancements and derivative works PilotAware may develop to or from the Software and any and all intellectual property rights in all of the foregoing. You agree not to use any of PilotAware’s trade marks or other business names included in the Software for any purpose. You acknowledge that, except as expressly set out in this Licence, nothing in this Licence willl give you rights in respect of any intellectual property rights owned by PilotAware or its licensors. All intellectual property rights and other rights of PilotAware and its licensors which are not expressly granted to you by this Licence are reserved.
- Limited Warranty. PilotAware warrants that the Software will, under normal operating conditions, operate substantially in accordance with PilotAware’ published specification for the Software. PilotAware does not represent or warrant that: (a) the use of the Software will be secure, timely, uninterrupted or error-free or compatible in combination with any other hardware, software, system or data; (b) the Software will meet your expectations; (c) errors or defects in the Software will be corrected; or that (d) the Software is free of viruses or other harmful components. PilotAware makes no representation and gives no warranty in respect of any Open Source Software component of the Software.
Except as expressly set out in this Licence, no implied conditions, warranties or other terms, including any implied terms relating to satisfactory quality or fitness for any purpose, will apply to the Software and, to the maximum extent permitted by applicable law, are excluded by PilotAware.
- PilotAware’ Liability. Nothing in this Licence willl limit or exclude PilotAware’ liability to you: (a) for death or personal injury caused by PilotAware’ negligence; (b) for fraud; (c) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) for any other liability that may not, under applicable law, be limited or excluded. Subject to this, in no event will PilotAware be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability PilotAware does have for losses you suffer arising under or in connection with this Licence and/or the Software is strictly limited to losses that were reasonably foreseeable.
- General. You may not transfer or assign any or all of your rights and/or obligations under this Licence. All notices given by you to PilotAware must be given in writing to PilotAware’ registered office address. If PilotAware fails to enforce any of our rights, that does not result in a waiver of that right. If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected. The terms of this Licence may not be varied except with PilotAware’ express written consent. The terms of this Licence represent the entire agreement between you and PilotAware in relation to the subject matter of this Licence. The terms of this Licence shall be governed by English law and you agree that any claim you may have against PilotAware arising under or in connection with this Licence and/or the Software may only be dealt with by the English courts, provided that, if you are a consumer: (a) and you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any claim may be brought by you before the courts there; or (b) you live in another member state of the European Union, any claim may be brought by you before the courts there.