Terms Of Service

Additional Policy Information

Attention: Please Read These Terms, Conditions And Legal Restrictions Carefully Before Using This Web Site. By accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by these Terms of Service, the signed License Agreement and all other terms, conditions and notices contained or referenced in the Site. You agree to all additional restrictions displayed on the Site as it may be updated from time to time. You agree to use this Site for lawful purposes only, and shall not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, or invasive of privacy or publicity, obscene, harassing or otherwise objectionable.

1. Services

1.1 Services

AircraftLogs has developed proprietary software modules for aviation data management as well as additional documentation supporting such software (collectively the "Software"). AircraftLogs agrees to make the Software available to Client and to provide Client with services for hosting of the Software at the AircraftLogs location for the operation of the Software (the "Site") as set forth or described in Schedule A hereto (the "Services"). AircraftLogs shall provide the Services so that the Site is accessible to the Client via the Internet as specified herein. Except as expressly provided herein, Client agrees that AircraftLogs is responsible only for providing the Services, and AircraftLogs is not responsible for providing any services or performing any tasks not specifically set forth in Schedule A of a signed License Agreement. At the time of execution of this Agreement, to the extent that Client wishes to receive from AircraftLogs, and AircraftLogs wishes to provide to Client, services other than the Services, such additional services and the arrangements for their provision shall be set forth in a separate addendum to this Agreement which is duly executed by the Parties (the "Service Level Agreement"), and the Service Level Agreement shall be incorporated into, and become a part of this Agreement (the Services and the Service Level Agreement will hereinafter be referred to collectively as the "Services").

1.2 Availability of Site

Unless otherwise indicated on Schedule A of the signed License Agreement, the Site shall be accessible to the Client via the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of services due to causes beyond the control of AircraftLogs or which are not reasonably foreseeable by AircraftLogs, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures. In the event of any loss or interruption of Services, Client's sole and exclusive remedy and AircraftLogs' sole and exclusive liability for any loss or interruption of Services shall be as follows: For loss or interruption of Services which is due to (a) causes other than scheduled maintenance and required repairs; (b) causes beyond the control of AircraftLogs; or (c) causes which are not reasonably foreseeable by AircraftLogs, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures, which loss or interruption of Services exceeds a continual period of twenty-four (24) hours, Client shall receive a credit against future Services equal to a pro-rata portion of Services fees for the period of downtime.

1.3 Updates

As part of the Services, AircraftLogs shall provide Client with updates, deletions, enhancements or modifications (the "Updates") of the Software. AircraftLogs shall provide Updates when available, provided that (i) Client is not in default of its payment obligations hereunder, (ii) such Updates are within the scope of the Services under this Agreement; and (iii) such Updates are in a form which may be accessed over the Internet.

1.4 Proprietary Rights of AircraftLogs

All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by AircraftLogs or its suppliers under this Agreement, and any know-how, methodologies, equipment, or processes used by AircraftLogs to provide the Services to Client, including, without limitation, all customizations requested by Client, copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively "AircraftLogs Materials") shall remain the sole and exclusive property of AircraftLogs or its suppliers. To the extent, if any, that ownership of the AircraftLogs Materials does not automatically vest in AircraftLogs by virtue of this Agreement or otherwise, Client hereby transfers and assigns to AircraftLogs all rights, title and interest which Client may have in and to the AircraftLogs Materials. Client acknowledges and agrees that AircraftLogs is in the business of designing, supporting, marketing and hosting software, and that AircraftLogs shall have the right to provide to third parties services which are the same or similar to the Services, and to use or otherwise exploit any AircraftLogs Materials in providing such services.

1.5 Sole Use

The Software supplied by AircraftLogs is for the sole use of the Client for the current operations and aircraft of the Client. Except as provided herein, the Software is to be used only for the purposes specified in this Agreement. Any change may require an update to the Services and fees associated with such Services.

1.6 Confidentiality

Each Party agrees that during the course of this Agreement, information that is confidential or proprietary may be disclosed to the other Party, including, but not limited to software, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, employee information, aircraft and passenger travel information, aircraft expense information, aircraft maintenance information, usage rates, business relationships, projections, and marketing data ("Confidential Information"). Confidential Information shall not include information that the receiving Party can demonstrate (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving Party, (b) was known to the receiving Party as of the time of its disclosure, (c) is independently developed by the receiving Party, or (d) is subsequently learned from a third party not under a confidentiality obligation to the providing Party. Except as provided for in this Agreement, each Party shall not make any disclosure of the Confidential Information to anyone other than its employees who have a need to know in connection with this Agreement. Each Party shall notify its employees of their confidentiality obligations with respect to the Confidential Information and shall require its employees to comply with these obligations. The confidentiality obligations of each Party and its employees shall survive the expiration or termination of this Agreement.

The foregoing notwithstanding, AircraftLogs will own the work product it presents to the Client through the Services and grants to the Client the right to use such product for the purposes contemplated by this Agreement.

1.7 Copyright

The Site, including all information and materials contained in it, are copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. Client agrees to comply with all copyright, trademark and other laws worldwide in its use of the Site and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, AircraftLogs does not grant any express or implied license or third party right to Client under any patents, trademarks, copyrights or trade secret information of AircraftLogs or of any third party. All website design, text, graphics and the selection and arrangement thereof, are the property of AircraftLogs.

1.8 Trademark and Site Mark Rights

All rights in the product names, company names, trademarks, trade names, site marks, logos, product packaging and designs of AircraftLogs or third party products or websites ("Company Marks"), whether or not appearing in large print or with the trademark symbol, belong exclusively to AircraftLogs or their respective owners and are protected under national and international trademark and copyright laws. Users are not permitted to use Company Marks without the prior express written consent of the owner of such mark.

2. Fees and Taxes

2.1 Software and Service Fees

Client shall pay AircraftLogs all fees for the Services in accordance with the applicable fee and payment schedule set forth in Schedule A of the signed License Agreement. AircraftLogs expressly reserves the right to change its rates charged for the Services during any Renewal Term (as defined herein).

3. Warranties

3.1 AircraftLogs Warranties

AircraftLogs represents and warrants that (a) AircraftLogs has the power and authority to enter into and perform its obligations under this Agreement, (b) to the best of its knowledge, AircraftLogs is the sole owner of the Software, has the right to license the Software and there are no known infringements or claims of infringement with respect to any patent, copyright or other proprietary rights of third parties, (c) the Software will substantially conform in all material respects, as to all operational features, to AircraftLogs’ current specifications as published on its website for the Software and that when properly operated will be free of material defects which adversely effect system performance and (d) the Services under this Agreement shall be performed in a workmanlike manner.

3.2 Client Warranties

Client represents and warrants that Client has the power and authority to enter into and perform its obligations under this Agreement.

3.3. Disclaimer of Warranty

EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 4.1, AIRCRAFTLOGS MAKES NO WARRANTIES HEREUNDER, AND AIRCRAFTLOGS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF COMPLIANCE WITH 14 CFR, COMPLIANCE WITH IRS AND SEC REGULATIONS, AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AIRCRAFTLOGS DOES NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR THAT THE SOFTWARE WILL MEET CLIENT REQUIREMENTS, OR OTHER PROGRAM LIMITATIONS. AIRCRAFTLOGS DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT CLIENT COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF CLIENT ACCESS TO, USE, OR BROWSING OF THE SITE OR CLIENT DOWNLOADING OF ANY MATERIALS FROM THE SITE. THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. AIRCRAFTLOGS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. AIRCRAFTLOGS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

3.4 Professional and Regulatory Responsibility

Client expressly agrees that nothing within the Services nor this Contract in any way relieves Client of its responsibilities under Federal Aviation Law including, without limitation, 14 CFR Part 43, 14 CFR Part 61, 14 CFR Part 91, 14 CFR Part 121, 14 CFR Part 125, 14 CFR Part 135 and 14 CFR Part 145 and any other applicable provisions of 14 CFR. In addition, Client acknowledges that while AircraftLogs may provide Software and Services to assist Client with the completion of its taxes, Client does not rely upon AircraftLogs for advice regarding the appropriate tax treatment of items reflected on its tax returns and tax positions taken by Client are those of Client and AircraftLogs has no responsibility or liability with respect to any such taxes of Client. Where Client utilizes AircraftLogs Software and Services to assist Client with the completion of SEC disclosures, such disclosures are those of Client and AircraftLogs has no responsibility or liability with respect to such disclosures.

3.5 Client Account Usernames and Passwords

Client is responsible for maintaining the confidentiality of account usernames and passwords. Client is responsible for restricting access to its computer(s) and mobile device(s), and agrees to accept responsibility for all activities that occur under its account or password. AircraftLogs reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

3.6 Links to Third-Party Sites

AircraftLogs may provide on this Site, solely as a convenience to its users, links to Web sites operated by other entities. If Client uses these sites, Client will leave this Site. If Client decides to visit any linked site, Client does so at its own risk and it is Client’s responsibility to take all protective measures to guard against viruses or other destructive elements. AircraftLogs does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that AircraftLogs is affiliated or associated with the linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is affiliated or associated with AircraftLogs or is authorized to use any trademark, trade name, logo or copyright symbol of AircraftLogs.

3.7 Unsolicited Information Provided by Client

AircraftLogs does not want to receive, and Client is deemed to agree through the use of the Site not to provide, any information or materials to the AircraftLogs that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. If Client provides any such information, it is agreed that Client is solely responsible and liable for any damages or other harm resulting from such submission. Client shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). Client shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from such a submission.

4. Limitation of Liability

AIRCRAFTLOGS SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, THE SITE OR CLIENT'S DATA FILES, PROGRAMS OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. AIRCRAFTLOGS SHALL HAVE NO LIABILITY WITH RESPECT TO AIRCRAFTLOGS' OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF AIRCRAFTLOGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF AIRCRAFTLOGS TO CLIENT FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO AIRCRAFTLOGS BY CLIENT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

5. Term and Renewal

5.1 Term

This Agreement shall be effective when signed by the Parties and thereafter shall remain in effect for three (3) years, unless earlier terminated as otherwise provided in this Agreement (the "Initial Term"). This Agreement shall automatically be renewed beyond the Initial Term for additional one (1) year terms (each, a "Renewal Term") unless Client provides AircraftLogs with a written notice of termination at least ninety (90) days prior to the expiration of the Initial Term or the then-current Renewal Term.

6. Miscellaneous

6.1 Independent Contractors

AircraftLogs and its personnel, in performance of this Agreement, are acting as independent contractors and not employees or agents of Client.

6.2 Client Identification

AircraftLogs may use the name of and identify Client as an AircraftLogs client, in advertising, publicity, or similar materials distributed or displayed to prospective clients but may not disclose any data or other information about Client. Upon written consent by Client, AircraftLogs may announce Client's selection of AircraftLogs in its marketing communications.

6.3 Ohio Law

This Agreement shall be governed in all respects by the laws of the State of Ohio without regard to its conflict of laws provisions, and Client and AircraftLogs agree that the sole venue and jurisdiction for disputes arising from this Agreement shall be the appropriate state or federal court located in the City of Columbus, Ohio, and Client and AircraftLogs hereby submit to the jurisdiction of such courts.

6.4 Severability

If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

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