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1. Definitions

As used in this Agreement, the term "Software" means, all the software product identified above as AviatorCalc as provided on all forms of electronic media such as Floppy, Disk(s), Hard Disk Drive transfer, CD-ROM(s), DVD, Magnetic tape, USB memory stick or via electronic mail and its file attachments, or by download from any Web site or by download by means of "Over The Air Provisioning" or any other similar means over any Mobile Telephone Network.

 "Documentation" is defined as any user manuals or other documentation provided with the software both in electronic or hard copy format to enable the end user to correctly use the software.

 The "End User" is defined as the person who has downloaded the software having first agreed the terms and conditions contained is this end user agreement and having been granted a license to use the software and specifically excludes all other persons, organizations, groups companies or any other legal entity not party to this agreement, in which case use of the software is both unlicensed and forbidden.

 The "License" is defined as the right of the end user to use the software as granted by Bob Rathbone Computer Consultancy, for their own personal use only. The end user is specifically forbidden to allow any third party or persons not subject to this agreement to use the software.

 "Demonstration Software is defined as software having the same or similar functionality to the above defined software but provided exclusively for demonstration purposes only and specifically excludes all operational use. All such software will be identified with the word "Demo" or will have "Demo" in the name.

2. End User Rights, limitations and use

Bob Rathbone Computer Consultancy grants to the end user a non-exclusive, non-transferable right to install the Software on the local hard disk(s) or other permanent storage media of one cell phone and computer and use the Software on a single cell phone and a single computer or terminal at a time.

You may not copy, distribute, or make derivative works of the Software except as follows:

The end user may make one copy of the Software on any magnetic or optical media for the purposes of a security backup only. No other copies are permitted.

The following is expressly forbidden:

(a) The end user may not use, modify, translate, reproduce or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement.

(b) You may not resell, sublicense, rent, lease or lend the Software.

(c) You may not reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software or create derivative works based on the Software.

(d) You may not reveal any software activation codes supplied to you to any third party. The software activation code is for personal use only.

 3. End User Obligations

The end user shall use the software for pre-flight planning only. Use of the software whilst in the air or otherwise operating the aircraft is expressly forbidden. The end user shall make themselves aware of all current restrictions on the use of mobile devices in aircraft or in the vicinity of aircraft.

 The end user undertakes to read and thoroughly understand the documentation provided, specifically the "AviatorCalc User Guide" available with the software. The end user will specifically refrain from using the software operationally until they fully comprehend usage and the limitations of the software as described in the aforementioned user guide. The end user is also responsible for first obtaining a copy of the documentation which is freely available on the www.aviatorcalc.com  web site or from the media provided with the software.

The end user shall not use the software as the sole reference to flight planning.

The end user is solely responsible for the accuracy of the data entered into the various databases and user screens used by the software. This includes any examples or templates provided with the software.

No template or example data may be used directly for flight planning purposes without correction using official data from the Aircrafts Flight manual provided by the aircraft manufacturer. The end user must also ensure that any data amended by the operator of the aircraft in their Flight Operations Manual, aircraft weighing certificates and general or limitations is accurately entered into either the databases or user screens.

The end user shall not use the GPS locator program for normal navigation. The end user may only use the GPS locator program in case of emergency. The end user shall not operate the GPS locator program whilst piloting the aircraft unless no co-pilot or competent passenger is available to operate the device.

4. Technical Support

Bob Rathbone Computer Consultancy has no obligation to furnish the end user with technical support unless separately agreed in writing between the end user and Bob Rathbone Computer Consultancy.
 

5. Acknowledgement

THE END USER ACKNOWLEDGES THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER BOB RATHBONE COMPUTER CONSULTANCY, ITS LICENSORS NOR AFFILIATES  MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY RATHBONE COMPUTER CONSULTANCY OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.

6. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOB RATHBONE COMPUTER CONSULTANCY, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BOB RATHBONE COMPUTER CONSULTANCY OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, BOB RATHBONE COMPUTER CONSULTANCY, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $10.

 7. Applicable Law & General Provisions

This Agreement is governed by the laws of England. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Chamber of Commerce of Bristol, United kingdom. The arbitration procedure shall take place in Bristol, in the United Kingdom and in the English language. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of Bob Rathbone Computer Consultancy, although Bob Rathbone Computer Consultancy may vary the terms of this Agreement.

This is the entire agreement between Bob Rathbone Computer Consultancy and the end user relating to the Software and it supersedes any prior representations, discussions, undertakings, end user agreements, communications or advertising relating to the Software.

 IF YOU HAVE READ AND AGREE TO THE ABOVE TERMS PLEASE CLICK ON THE "Accept" BUTTON TO CONTINUE ELSE PRESS THE "Reject" BUTTON

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AviatorCalc was developed by
Bob Rathbone Consultancy
www.bobrathbone.com

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