END USER LICENCE AGREEMENT
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the, material, application related services (the “Product”) currently provided or which will be provided by Aviassist Pty Ltd, or any one of its subsidiaries or affiliated companies, (collectively referred to as “Aviassist”) which is used in conjunction training provided by Aviassist.
1) Licence
a) This EULA sets out the basis on which Aviassist makes the Products available to you (“User” or ”You”) which is subject to Privacy Protection and Confidentiality.
b) By dowloading installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one of these, please do not use the Product.
c) Aviassist reserves the right to change, modify, add or delete articles in this EULA at any time.
2) GRANT OF LICENSE.
a) Aviassist (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or Aviassist terminates this EULA.
b) You must in no event use, nor allow others to use the Product or this License for commercial purposes without obtaining a licence to do so from Aviassist. Updates, upgrades and modifications may be necessary in order to be able to continue to use the Product. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
c) You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
3) Ownership.
a) All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, sounds, all messages or items of information, characters, diagrams, concepts, and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Aviassist or its licensors.
b) This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
4) Indemnity.
a) You are solely responsible for any damage caused to Aviassist, its licensors, partners and associated service provider, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
5) Changes to this EULA or Product.
a) Aviassist reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
b) Aviassist may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimise the Product. You agree that Aviassist may stop to support previous versions of the Product upon availability of an updated version.
6) Miscellaneous.
a) Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected.
b) No Waiver. No failure or delay by Aviasssit (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
c) Law and Jurisdiction To the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of NSW Australia. You irrevocably agree that the courts of NSW have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation.
d) This EULA is applicable only to the extent authorised by law
For any question concerning this EULA, please contact our team.
