License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (LICENSE) CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE AGREE/ACCEPT BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND (IF APPLICABLE) RETURN THE FLITEPLAN SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND OR, IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK DISAGREE/DECLINE.
IMPORTANT NOTE: To the extent this software may be used to reproduce materials, it is licensed to you only for reproduction of materials you are authorized or legally permitted to reproduce.
1. General. The software and any information accompanying this License in any form (collectively the FlitePlan Software) are licensed, not sold, to you by CBT Limited. (CBT) for use only under the terms of this License, and CBT reserves all rights not expressly granted to you. The rights granted herein are limited to CBT’s and its licensors’ intellectual property rights in the FlitePlan Software and do not include any other patents or intellectual property rights. The terms of this License will govern any software upgrades provided by CBT that replace and/or supplement the original FlitePlan Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions. A. This License allows you to use the FlitePlan Software on a single server computer at a time. This License does not allow the FlitePlan Software to exist on more than one computer at a time, but you may make the FlitePlan Software available over a network where it could be used by multiple computers at the same time. You may make copies of the FlitePlan Software for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
B. Certain components of the FlitePlan Software have been or may be made available by CBT on its web site (http://www.campsbayterrace.com/opensource/) (collectively the Open-Sourced Components). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant FlitePlan Software is used, in place of the unmodified FlitePlan Software, on a single CBT-labeled computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. CBT is not obligated to provide any maintenance, technical or other support for the resultant FlitePlan Software.
C. Except as and only to the extent permitted in this License and by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the FlitePlan Software or any part thereof. THE FLITEPLAN SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE FLITEPLAN SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the FlitePlan Software. You may, however, make a one-time permanent transfer of all of your license rights to the FlitePlan Software (in its original form as provided by CBT) to another party, provided that: (a) the transfer must include all of the FlitePlan Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the FlitePlan Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the FlitePlan Software reads and agrees to accept the terms and conditions of this License. You may not rent, lease, lend, redistribute, sublicense or transfer any FlitePlan Software that has been modified or replaced under Section 2B above.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, FlitePlan Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from CBT if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the FlitePlan Software and destroy all copies, full or partial, of the FlitePlan Software.
5. Limited Warranty. Your exclusive remedy under this Section shall be, at CBT’s option, a refund of the purchase price of the FlitePlan Software or replacement of the FlitePlan Software which is returned to CBT or an CBT authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION, PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FLITEPLAN SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FLITEPLAN SOFTWARE IS PROVIDED AS IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CBT AND CBT’S LICENSORS (COLLECTIVELY REFERRED TO AS CBT FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FLITEPLAN SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CBT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FLITEPLAN SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE FLITEPLAN SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE FLITEPLAN SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FLITEPLAN SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CBT OR AN CBT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE FLITEPLAN SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CBT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE FLITEPLAN SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CBT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall CBT’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty pounds (GBP 50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Law Assurances. You may not use or otherwise export or reexport the FlitePlan Software except as authorized by United Kingdom law and the laws of the jurisdiction in which the FlitePlan Software was obtained.
9. Government End Users. The FlitePlan Software and related documentation are Commercial Items, as that term is defined at 48 C.F.R. §2.101, consisting of Commercial Computer Software and Commercial Computer Software Documentation, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United Kingdom.
10. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the United Kingdom. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the FlitePlan Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by CBT. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
12. Third Party Acknowledgements. A. Portions of the FlitePlan Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the online electronic documentation for the FlitePlan Software, and your use of such material is governed by their respective terms.
B. The FlitePlan Software includes certain open software owned by other parties and licensed by CBT. You may obtain a complete machine-readable copy of the source code for the open software under the terms of the appropriate license, without charge except for the cost of media, shipping, and handling, upon written request to CBT. The open software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.