End User License Agreement
This End-User License Agreement ("License") is a legal agreement between (a) the End User ("You") and (b) Avwxworkshops, Inc.
The software application (the "Application") and the information within (the "Data") are property of Avwxworkshops, Inc. or its partners and third-party providers (collectively "Avwxworkshops"). Both the Application and the Data (collectively "EZWxBrief") are protected under copyright laws and international copyright treaties. EZWxBrief is licensed, not sold. The structure, organization, code and content of EZWxBrief are valuable trade secrets of Avwxworkshops and/or its third-party providers.
PLEASE READ THIS ENTIRE END-USER LICENSE AGREEMENT CAREFULLY BEFORE USING EZWXBRIEF. BY CLICKING THE “I AGREE” BUTTON, YOU ACKNOWLEDGE ALL TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THIS LICENSE. USING THIS APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS END-USER LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE, QUIT THE APPLICATION IMMEDIATELY.
EZWXBRIEF IS FOR ENTERTAINMENT AND FAMILIARIZATION PURPOSES ONLY. WHENEVER OR WHEREVER A DISCREPANCY EXISTS BETWEEN THE DATA IN EZWXBRIEF AND OFFICIAL DATA, THE LATTER DATA SHALL BE USED. USE AT YOUR OWN RISK.
Avwxworkshops provides you with the Application and the embedded or accompanying Data, including any "online" or electronic documentation and printed materials, and grants you a limited, non-exclusive license where you may use the Application and Data only as necessary for your personal use to (i) view, and (ii) save, provided that you do not remove any copyright notices that appear and do not modify the Application or Data in any way. Your use of the Application must also be in accordance with and not violate any usage rules of any third-party service provider within the Application. You agree not to otherwise reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application and Data, and you may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory law.
Full and unrestricted access within EZWxBrief is only possible with one of the available subscriptions (in-app purchases).
RESTRICTIONS OF USE
You shall use EZWxBrief strictly in accordance with the terms defined herein. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Avwxworkshops or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose which it is not designed or intended; (f) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Avwxworkshops; (g) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (h) use any proprietary information or interfaces of EZWxBrief or other intellectual property of Avwxworkshops in the design, development, manufacture, licensing or distribution of any applications, accessories or devices.
DATA LIBRARY AND USER REPORTING
EZWxBrief includes airport data from a Federal Aviation Administration (FAA) repository, maintained through/by Avwxworkshops’ headquarters, user reporting, and/or has/have been derived from industry sources and is believed to be accurate. Users are expected and motivated to provide feedback with regards to safety through reporting, such as and not limited to, threats and operational points, for the sole purpose of advising all users through EZWxBrief, thus enhancing safety. You also agree that all reporting shall be done to reflect own experiences only, as accurately as possible. In the interest of flight safety, Avwxworkshops reserves all rights to collect, monitor, vet, edit, delete or publish user reports. All reports are to be published in de-identified format. In case of gross misconduct like false user-reporting, Avwxworkshops reserves the right to prevent further access to the user from EZWxBrief without prior notification.
You acknowledge and agree that all intellectual property rights (including any and all copyrights, patents, trademarks, trade secrets, publicity rights and other intellectual property rights) in and to EZWxBrief and all elements thereof (including, without limitation, all content, design elements, text, graphics, pictures, illustration, animation, video, audiovisual elements, information, applications, software, code, music, sound, look-and-feel, and other files contained therein or related thereto), are the sole property of Avwxworkshops, its subsidiaries, affiliates, licensors, suppliers or other third parties. Except as provided herein, you do not possess, and we do not grant to you, any rights (whether by implication, estoppel, or otherwise) in or to any Intellectual Property and all such rights are retained by us and/or other third parties.
TERMINATION OF USE
This License will terminate automatically without notice from Avwxworkshops if you breach or fail to comply with the terms and conditions of this License, including the payment of any applicable fees, and you agree that in any such case Avwxworkshops may in addition to any other remedies it may have at law or in equity, remotely disable the Application. Upon termination, you must stop using EZWxBrief and uninstall it from your devices.
YOU ACKNOWLEDGE AND AGREE THAT EZWXBRIEF IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF OR RELIANCE UPON EZWXBRIEF AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. AVWXWORKSHOPS AND ITS LICENSORS INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS AND SUPPLIERS, AND AFFILIATED COMPANIES OF AVWXWORKSHOPS AND ITS LICENSORS, MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, USE OR RESULTS TO BE OBTAINED FROM THE APPLICATION, OR THAT THE DATA WILL BE UNINTERRUPTED OR ERROR-FREE. AVWXWORKSHOPS MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ALL DATA IN THE APPLICATION NOR UNINTERRUPTED AND ERROR FREE APPLICATION.
DISCLAIMER OF WARRANTY
AVWXWORKSHOPS AND ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND AFFILIATED COMPANIES OF AVWXWORKSHOPS AND ITS LICENSORS, DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY AVWXWORKSHOPS OR ITS SUPPLIERS AND LICENSORS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS LICENSE. SOME COUNTRIES, STATES OR TERRITORIES DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO TO THAT EXTENT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE SOLE AND MAXIMUM RESPONSIBILITY OF AVWXWORKSHOPS AND ITS LICENSORS IN THE EVENT OF A WARRANTY FAILURE IS $1.00 USD.
DISCLAIMER OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF EZWXBRIEF GENERALLY AND IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AVWXWORKSHOPS AND/OR ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND AFFILIATED COMPANIES OF AVWXWORKSHOPS AND ITS LICENSORS BE LIABLE TO YOU: WITH RESPECT TO ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE APPLICATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE APPLICATION, ANY DEFECT IN THE DATA OR APPLICATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION OR FROM DEFECTS OR ERRORS IN THE APPLICATION, EVEN IF AVWXWORKSHOPS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AVWXWORKSHOPS AND ITS LICENSORS TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LICENSE OR OTHERWISE WITH RESPECT TO THE APPLICATION SHALL NOT EXCEED $1.00 USD. SOME COUNTRIES, STATES AND TERRITORIES DO NOT ALLOW CERTAIN LIABILITY EXCLUSIONS OR DAMAGES LIMITATIONS, SO TO THAT EXTENT THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold Avwxworkshops and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Avwxworkshops and its licensors, and the respective officers, directors, employees, shareholders, agents and representatives of Avwxworkshops and its licensors, free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of EZWxBrief.
THIRD PARTY SERVICES
You agree that Avwxworkshops reserves the right to collect and use non-personally identifiable technical data and information related to your device, system and application, such as the frequency with which you use EZWxBrief. This information would be collected anonymously, in a way that does not personally identify you. Avwxworkshops may use this information to detect broad user trends and to otherwise enhance the product and services.
This License is effective until such time as (i) if applicable, your subscription term is either terminated (by you or by Avwxworkshops) or expires, or (ii) Avwxworkshops terminates this License for any reason, including, but not limited to, if Avwxworkshops finds that you have violated any of the terms of this License. In addition, this License shall terminate immediately upon the termination of an agreement between Avwxworkshops and any third party from whom Avwxworkshops (a) obtains services or distribution necessary to support the Application, or (b) licenses Data. You agree, upon termination, to destroy all copies of the Data. The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.
If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
MODIFICATION OR AMENDMENT
Avwxworkshops may modify or amend the terms of this License by posting a copy of the modified or amended License on the Avwxworkshops EULA website. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended License is posted on Avwxworkshops’ EULA website.
You shall not assign this License or any rights or obligations herein without the prior written consent of Avwxworkshops and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
This License and the terms and conditions contained herein constitute the entire agreement between Avwxworkshops, its licensors, including the licensors’ service providers, channel partners, suppliers and affiliated companies of Avwxworkshops and its licensors, and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
EZWxBrief® and all related logos are trademarks and/or registered trademarks of Avwxworkshops or its licensors. These trademarks may not be used without the express permission of Avwxworkshops. No right, title, license, or interest to any such trademark is granted hereunder, and you agree that no such right, title, license, or interest shall be asserted by you with respect to any such trademark. You agree that you will not these trademarks or its licensors’ names or marks or employee names, or adaptations thereof, in any advertising, promotional or sales literature without Avwxworkshops’, or its licensors’ prior written consent. You shall inform Avwxworkshops promptly in writing of any alleged infringement of these trademarks or its licensors’ rights and of any evidence thereof.
GOVERNING LAW AND JURISDICTION
This License will be deemed entered into in the State of North Carolina and will be governed by and construed according to the internal laws of the State of North Carolina applicable to agreements executed and to be performed entirely within North Carolina, without regard to conflict of law principles. Any action against any party to this License will be commenced only in the federal or state courts in Mecklenburg County, North Carolina, which courts will have exclusive jurisdiction over such actions and proceedings and the parties hereby irrevocably consent to personal jurisdiction over them by such courts. It is understood and agreed that, notwithstanding any other provisions of this License, breach of any provision of this License by you may cause Avwxworkshops irreparable damage for which recovery of money damages would be inadequate, and that Avwxworkshops will therefore be entitled to obtain timely injunctive relief to protect Avwxworkshops’ rights under this License in addition to any and all remedies available at law.
You must represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Avwxworkshops is solely responsible for providing a maintenance and support services with respect to the EZWxBrief. For all queries, complaints or claims regarding EZWxBrief, contact Avwxworkshops e-mail at [email protected].