End user agreement for PocketFMS
PocketFMS End User License Agreement (EULA).
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and The PocketFMS Foundation (“the Foundation”) for the Foundation software that accompanies this EULA, which includes computer software and may include associated data, media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). PocketFMS and the PocketFMS logo are registered trademarks of the PocketFMS Foundation.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. LICENCE GRANT.
The Foundation grants you the following non-exclusive rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may install, use, access, display and run multiple copies of the Software on different computer platforms, provided that the number of copies so installed is considered by the Foundation to be reasonable, and provided that such use is always by you personally or under your immediate and personal supervision.
Without limiting the foregoing, The Foundation provides the following as an indication of a reasonable number of copies installed simultaneously:
i.two (2) copies installed on computers running the Windows operating System; for example one at home and one at work, or one at home and one on a notebook computer;
ii.one (1) copy installed on a memory stick or memory card intended for transportation to, and temporary use on a computer running the Windows operating system;
iii.two (2) copies installed on computers running the Windows CE, iOS, or Android operating systems, where the second is nominally a backup system for the first; for example on two Windows CE Personal Navigation Devices (PND), or a PND and an iPhone, or an iPhone and an iPAD.
You may be granted permission to install and use the Software on additional computers or for use by members of a club or organization, on request to the Foundation. You may make a reasonable number of additional copies of the Software solely for archival, emergency back-up, or disaster recovery purposes.
The Foundation shall from time to time in its sole discretion, and under the condition that you comply with this EULA, make updates to the Software available to you either with or without additional charge.
1.3 Storage / Network Use. You may store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your Workstation Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Workstation Computer on or from which the Software is installed, used, accessed, displayed or run. A license for the Software may not be shared or used concurrently on different Workstation Computers.
2. OTHER RIGHTS AND LIMITATIONS.
2.1 Internet-Based Services Components. The Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that the Foundation may automatically check the registration number entered in the Software and / or its components that you are utilizing and may notify you of important information related to your use of the Software that will be automatically downloaded to your Workstation Computer or Portable Computer through the Content Delivery System (“CDS”) which is imbedded in the Software.
2.2 Software Incapacitation. You acknowledge and agree that the Foundation may automatically check the registration number entered in the Software and / or its components that you are utilizing for the purpose of verifying that you have a valid subscription, and that the Software may be incapacitated if a valid subscription is not confirmed. The process by which the software may be incapacitated is published in the Foundation Software Termination Policy which may be obtained from www.pocketfms.com.
3. RESERVATION OF RIGHTS AND OWNERSHIP.
The Foundation reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. The Foundation retains all title, interest, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. Any configuration or deployment of the Software shall not affect or diminish the Foundation’s rights, title, and interest in and to the Software. If you provide data or suggest any new features, functionality, or performance for the Software, that the Foundation subsequently incorporates into the Software, such new features, functionality, performance, and data shall be the sole and exclusive property of the Foundation.
4. ADDITIONAL SOFTWARE / SERVICES.
This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that the Foundation may provide to you or make available to you after the date you obtain your initial copy of the Software, unless the Foundation provide other terms along with the update, supplement, add-on component, or Internet-based services component. The Foundation reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
5. SOFTWARE TRANSFER.
You may move the Software to a different computer. After the transfer, you must completely remove the Software from the former computer. You may not make a transfer of this EULA and Software, either directly or indirectly, to another end user.
Without prejudice to any other rights, the Foundation may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
You may terminate this EULA at any time by providing notice to the Foundation by email and destroying all copies of the Software and all of its component parts.
The Foundation’s rights and your obligations under this EULA shall survive termination of the EULA.
7. SOFTWARE NOT FOR RESALE.
The Software may not be sold, leased, assigned or otherwise transferred in whole or in part for value. You may not extract, disseminate or sell any data comprised in the Software or provided by the Foundation, including but not limited to data downloaded via the Internet for use with the Software, for use with any other software.
8. NO RENTAL / COMMERCIAL HOSTING.
You may not rent, lease, lend or provide commercial hosting services to the Software.
9. LIMITATIONS ON REVERSE ENGINEERING.
You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You shall not remove any copyright, trademark or other proprietary notices from the Software.
The Software contains trade secrets and proprietary know-how that belong to the Foundation and it is being made available to you in strict confidence. Any use or disclosure of the software, or of its algorithms, protocols or interfaces, other than in strict accordance with this license agreement, may be actionable as a violation of the Foundation’s trade secret rights.
11. THIRD PARTY INTERNET SITES.
The Software may connect to third party internet sites through its use. The third party sites are not under the control of the Foundation, and the Foundation is not responsible for the contents of any third party sites, or any changes or updates to third party sites. The Foundation is providing these connections to third party sites to you only as a convenience, and the inclusion of any connection does not imply an endorsement by the Foundation of the third party site.
12. EXPORT RESTRICTIONS.
You agree to comply fully with all applicable export laws and regulations including, but not limited to the U.S. Export Administration Regulations and all other relevant US and other governments’ export laws and regulations (collectively, “Export Controls”). Without limiting the generality of the foregoing, you expressly agree that you shall not, export, directly or indirectly, re-export, divert, or transfer the Software to any destination, company or person restricted or prohibited by the Export Controls.
13. LIMITED WARRANTY.
The Foundation warrants that the Software will perform substantially in accordance with the descriptions provided by the Foundation, for a period of ninety (90) days from the date of registration. If an implied warranty or condition is created by your state / jurisdiction and federal or state / provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states / jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet the Foundation’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if the Software fails its essential purpose. The terms of Section 15 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states / jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state / jurisdiction to state / jurisdiction. The Foundation’s entire liability and your EXCLUSIVE REMEDY for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at the Foundation’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software that does not meet this Limited Warranty. You will receive the remedy elected by the Foundation without charge, except that you are responsible for any expenses you may incur. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. The Foundation will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with the Foundation’s warranty remedy procedures. To exercise your remedy, send us an email
14. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, the Foundation provides the Software and support services (if any) AS IS AND WITH ALL FAULTS, and does not warrant that:
i.the Software will meet your requirements,
ii.the Software will operate in combination with other hardware, software, systems or data not provided by the Foundation (except as expressly specified in writing by the Foundation in any documentation) which you may select for use,
iii.the operation of the Software will be uninterrupted or error-free,
iv.all the Software errors will be corrected or
v.make any representations regarding the use or the results of the use of the Program in terms of their correctness, accuracy, reliability or otherwise.
The Foundation further disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOUNDATION OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF DATA OR USE, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE FOUNDATION, AND EVEN IF THE FOUNDATION OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of the Foundation and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by the Foundation with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or €5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
In the event of a conflict between data provided by the Foundation or its Software and data in publications issued by a manufacturer, the FAA / CAA / JAA or any other source, the latter shall have precedence. It is your sole responsibility to verify the correctness of all information provided by the Foundation.
17. GOVERNING LAW.
In the event any provision of this EULA is held to be void, invalid, unenforceable or illegal, the remaining provisions shall continue in full force and effect.
19. ENTIRE AGREEMENT.
This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and the Foundation relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Foundation policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. Other than as provided herein, no act, document, usage or custom shall be deemed to amend or modify this EULA.