OzRunways TERMS AND CONDITIONS
THIS AGREEMENT (‘AGREEMENT’ OR ‘Agreement’) GOVERNS YOUR USE OF THE OZRUNWAYS APPLICATION (‘APP’ OR ‘App’) BETWEEN YOU AND OZRUNWAYS PTY LIMITED (ACN 145 926 941).
IF YOU AGREE TO THE AGREEMENT AS SET OUT HEREIN, PRESS THE ‘AGREE’ BUTTON.
IF YOU DO NOT AGREE TO THE AGREEMENT AS SET OUT HEREIN, EXIT THIS APP AND DO NOT USE THE APP OR THE INFORMATION CONTAINED IN THE APP. CORPORATE AND GOVERNMENT USERS ARE REMINDED THAT BY ACCEPTING THIS AGREEMENT YOUR SUBSCRIBING ENTITY WILL BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT AND ANY ENTERPRISE AGREEMENT.
Summary of revisions:
5 April 2016 Agreement with terms of EULA and Enterprise licence; Source of navigation informtion; SkyVector Warranty
1.1 In this Agreement, unless the contrary intention appears:
‘Agree’ means you accept the material referred to as herein set out and you will be bound by it; this includes the Agree Button.
‘Agree Button’ means the button on the face of the computer signifying that you accept the matters referred to on the face of the computer screen and also accept the consequences to you as set out in these terms and conditions and the limitations, warnings and exceptions referred to in this Agreement which will immediately become enforceable and in exchange, you will be provided with the service in the App on the terms of this Agreement.
‘Agreement’ means this legally binding contract. This contract between you and OzRunways is herein called ‘an Agreement’ or ‘agreement’ and is intended to be a legally binding contract. The words ‘you agree’ or ‘agree’ in this document mean that you will be taken to be aware of and agree to the matter referred to.
‘AIP’ means Aeronautical Information Publication as published from time to time by Airservices.
‘Aircraft’ means an aeroplane, helicopter, gyrocopter and/or any other machine capable of flight.
‘Airservices’ means Airservices Australia, a body corporate established by the Air Services Act 1995 (Cth).
‘Apple’ means Apple Pty Limited, Apple Inc of the United States of America and/or any other associated company or body owning and/or associated with the design, manufacture, distribution marketing and/or sale of the computer devices commonly known as ‘Apple’.
‘Apple device’ means any version or edition including, but not limited to of the iPad, iPhone, iPod, iMac, MacBook, Mac mini and/or any other electronic device created by Apple.
‘Android’ means software that operates on electronic devices but not ‘Apple’ devices.
‘Android device’ means an electronic device that uses the Android operating system.
‘App’/‘Application’ means software or computer program.
Law’/‘ACL’ means uniform Commonwealth legislation relating to consumer protection and product liability applying to all of Australia’s states and territories;
‘Battery’ means an item which provides and supplies the device with electricity.
‘Bureau of Meteorology’ means the Bureau of Meteorology, a body established by the Commonwealth Government of Australia.
‘Commonwealth’ means the Commonwealth of Australia, a nation comprising all of the states and territories of Australia.
Safety Authority’/‘CASA’ means the Civil Aviation Safety Authority an Authority created under the Civil Aviation Act 1988 (Cth).
‘DAP’ means Departure and Approach Procedures.
‘Digital acceptance’ means the fact of you pressing the display button ‘Agree’. Digital acceptance by you shall signify that you accept the whole of these terms and conditions without alteration or exception.
‘EFB’ means Electronic Flight Bag.
‘ERSA’ means En Route Supplement Australia published by Airservices.
‘Portable Device’ means any electronic device and/or process by which the App can be used, viewed and/or operated (includes Apple and Android devices).
‘Person’ includes a corporation and includes the definition of person as used in the Australian laws relating to companies and corporations.
Subscription Contract means your contract for payment of subscription for access to the App which is a separate contract from this Agreement. This contract operates only upon a valid Subscription Contract being in place.
‘Third Parties’ means any person supplying data, information, maps, pictures, photographs, diagrams, tables and/or other matter including rules, laws, advice which material is supplied to OzRunways for operation of the App
‘OzRunways’ means OzRunways Pty Limited (ACN 145 926 941), the company that designed, owns and operates the App.
‘User’ means a person (includes ‘you’) who uses, runs and/or operates an object or thing whether the right to do so arises lawfully or otherwise.
‘Website’ means www.ozrunways.com.au or such other website as shall be informed by OzRunways in substitution or replacement thereof at any time and from time to time.
‘you’ means the operator from time to time of this App whether the original purchaser, bailee, agent, representative and includes any person who presses the ‘Agree’button
2. OZRUNWAYS PTY LIMITED
2.1 The OzRunways EFB App is created, designed and owned by OzRunways Pty Limited (ACN 145 926 941) (‘OzRunways’).
2.2 The ABN of OzRunways is 83 145 926 941. The registered office of OzRunways is PO Box 1374, Castle Hill, NSW, 1765.
2A SUBSCRIPTION CONTRACT
2A.1 This contract relating to your use of the App is separate from and dependent upon you having entered into a Subscription Contract with OzRunways.
2A.2 If for any reason you are not a paid financial subscriber to OzRunways and have not purchased a subscription for use of this App or you are being lawfully entitled by the subscriber to OzRunways to use the App on behalf of that subscriber then you have no rights at all to use this App and OzRunways has no obligation of whatsoever description and kind to you. OzRunways gives you no permission to use the App or any part of it or its services.
2A.3 If you are a subscriber to OzRunways then this Contract and Agreement is in addition to the terms and conditions of your subscriber contract.
3. DIGITAL CONTRACT
3.1 You agree that your digital and electronic acknowledgment constitutes and proves your agreement and intention by you to be bound by this Agreement with OzRunways.
3.2 This App will provide you with an electronic option which will require you to either Agree with or Disagree with this Agreement. You accept that you will be bound by the terms and conditions of this Agreement by pressing the ‘Agree’ button.
3.3 Each time you press the ‘Agree’ button, you accept any additional term which may have been included into this Agreement since the last previous time of you pressing an ‘Agree’ button. That term may have been added at any time and without notice.
3.4 Each time you press the ‘Agree’ button, you accept the any disclaimer amended term and/or modification which may limit and/or vary your rights under this Agreement together with any subsequent modification or variation thereof which may be added to and/or included in this Agreement hereafter.
3.4 OzRunways may from time to time and at any time and at its discretion modify this Agreement and may modify the App, the data and/or systems comprising its use and/or the terminology of the App or any part of it, and/or the protocols and/or the reference material applied from data providers for operation of the App from time to time and/or impose new terms or conditions on the use of the App.
4. CHANGES TO THIS AGREEMENT
4.1 This Agreement is the agreement between you and Ozrunways and it alone shall determine the nature and scope of the service provided, OzRunways’ obligations to you and your duties and requirements. Any purported extension, variation, approval, concession shall have no effect or standing no matter who has purported to give the same unless it is under the hand of Ozrunways as a corporation and not otherwise.
4.2 No promise, inducement, advertising matter, demonstration, representation of all or any of the qualities and/or characteristics of this product shall alter the terms and conditions of this Agreement which words shall be the only basis of the Agreement between you and OzRunways.
4.3 Where any conflict arises between anything said or done by any person purporting to represent OzRunways other than in accordance with the provisions hereof, this Agreement shall prevail and the purported alternative shall be void and of no effect.
4.4 If at any time on and after your review of these terms including all subsequent operations of this App, you think that you have not accurately understood these terms and/or you have any problem with use of any of the matter provided in the App, it is a condition of this Agreement that you will immediately cease using the App.
4.5 No employee, agent and/or other representative of OzRunways has at any time or from time to time any right to make any representation, promise and/or warranty in relation to the App and/or the information contained in the App other than those contained in this Agreement.
4.6 Any new agreement including changes from a former agreement as last used by you shall operate from the moment of your acceptance of these terms by pressing the ‘Agree’ button and all former Agreements shall be superseded. Any such changes to this Agreement by OzRunways will immediately commence upon notice being provided by OzRunways by way of all or any of
i) a notice to you upon commencing to use the App,
ii) by an email to your nominated email address &/or
iii) by way of posting a message or direction on the OzRunways website.
4.7 In the event of there being any change to all or any of the terms of this Agreement from the time from your first use of the App, such changes as we in our absolute discretion may think fit to inform you shall be notified to you but no guarantee of you being informed of all or any such changes other than you inspecting these terms on each occasion of use. You agree to the terms by pressing the ‘Agree’ button.
4.8 You acknowledge that it is your responsibility to review these Terms on each occasion and that a fresh Agreement between you and OzRunways arises on each occasion you press the ‘Agree’ button which shall include any alterations from previous terms.
4.9 This Agreement does not extend to or alter the subscription period which you have paid for and which will continue in force for the time you have agreed to when you have made your initial subscription to OzRunways.
4.10 On each occasion that you use the App and press the ‘Agree’ button you accept the terms as they apply at the time of you doing so including any changes to these terms which may have arisen and been included in these terms since your last use of the App. The Agreement and your acceptance of it is the Agreement in force at the time you press the ‘Agree’ button. It is your responsibility to review these terms on each occasion of use.
OzRunways may in its absolute discretion inform you of such of the changes which it makes from time to time to these terms by automatic notice prior to you pressing the ‘Agree’ button. Other changes may be made without notice to you and OzRunways reserves its absolute and unfettered discretion to select which changes it makes to these terms for such notice to you.
No fact matter or thing shall require OzRunways to inform you of all or any changes to these terms and it is your responsibility to review this Agreement prior to each occasion use and your decision to do so or to act otherwise is your absolute entitlement.
4.11 You agree and acknowledge that subsequent use of the App comprises proof of your acceptance of the changes to the Agreement to that time.
5. CONDITIONS OF USE OF THE APP
5.1 You agree that your use of, or your inability to use, the App, and/or the information contained in the App is at your personal responsibility and any use, reliance, operation, non-operation or abandonment of the whole or part of the matter available in the App is your own absolute decision and is made at your own sole risk.
5.2 It is your responsibility alone to identify and/or understand the terminology of matter imported into the App from all of OzRunways’ suppliers, such as CASA and Airservices and we do not explain any defined phrases, terminology, diagrams, marks on any map of any kind which are provided to OzRunways
5.3 No external instruction is offered on any matter relating to the utilizing of information provided by this App.
5.4 OzRunways reserves the right to provide or not provide such training and/or instruction material within this App as it in its absolute discretion thinks fit. No obligation to provide training is undertaken by OzRunways and no advice, comment, instruction or other assistance provided by OzRunways shall suggest directly or indirectly that any instruction is all encompassing, complete or necessary. It is for you to make your own enquiries as to the nature and extent of the App and to use it based on your sole acceptance of it being useful for you.
5.5 The use and manner of use of this App is wholly a matter for you at your absolute discretion. You accept responsibility for any outcome howsoever arising resulting from any inability, incapacity or ignorance of the facts and circumstances of material displayed in the App and or your use of the App.
5.6 You agree and warrant and it is a fundamental condition of this Agreement that you:
(a) are capable at law to enter into an agreement for use of this App
(b) hold a valid subscription with OzRunways covering any intended flight where the use of the App is likely;
(c) will download all the required data before every flight and ensure that you do so correctly in accordance with OzRunways’ protocols.
(d) will use a fully functional and error-free Apple device or Android device with sufficient electrical and/or battery power for the purposes of operating, viewing and/or using the App and/or the information contained in the App for the duration of flight. This is an absolute condition of this Agreement;
(e) You will be responsible for ensuring that the App and the information contained in the App including matter entered into the App by you, are backed-up prior to any flight;
6. HEALTH & SAFETY INFORMATION & WARNING
6.1 There is a conceivable general risk not related to aviation that you may have a medical episode of some kind induced by or related to the operation of the App on the portable electronic device on which it is operating. This clause serves as notice of that risk and you agree that by pressing the ‘Agree’ button that you have considered this matter and take personal responsibility for any medically related effect on you of the system of this App as a whole.
6.2 In order to prevent or avoid eye, joint and muscle strain during the use of the App and/or the information contained in the App, you undertake to give yourself periodic rest breaks from using the App continuously during flight when safe to do so. If you are unable to comply with this obligation, you must immediately revert to use of your primary navigation material.
6.3 A limited proportion of people have been known to encounter blackouts or seizures if exposed to moving or flashing lights, moving or flashing patterns and/or other triggers if using the App. The symptoms of these blackouts and/or seizures could include dizziness, lack of awareness, blurred or altered vision, numbness, nausea, loss of muscle tone, uncontrolled and unintentional movements and/or other effects. It is your responsibility to be aware of these risks which you may encounter whilst using the App and to take such steps as you regard as appropriate to avoid such events.
6.4 In the event that you have at any time encountered these or similar symptoms and / or effects, you undertake to take medical advice concerning the use of the App and to do so before next using the App after each such episode.
6.5 In the event that you have encountered these or similar symptoms and effects during the use of the App, you expressly agree to cease using the App immediately and undertake to take medical advice concerning your further use of the App.
6.6 You agree to and undertake to observe and monitor any infant, minor or child under your care, tuition and/or guardianship who is using the App and/or the information contained in the App. This obligation is particularly directed to guard against medical consequences and air safety risks to you and/or the said infant, minor or child.
7. NO CERTIFICATION OF THE APP AS A PRIMARY SOURCE OF NAVIGATION INFORMATION
7.1 OzRunways states that the App is certified under Part 175 of the Civil Aviation Safety Regulations 1998 (Cth) as an approved source of Aeronautical Information (Maps [VTC, VNC, ERC, WAC, TAC, PCA], ERSA, DAP, DAH, NOTAM and AIP).
7.2 You acknowledge and accept that this App is not certified for use as a Navigation Instrument; that is, the components of the App which display GPS derived position or navigational data cannot be used to replace a certified GNSS systmes or approved means of navigation such as GNSS, visual or terestrial NAVAID systems. The position information displayed in the App (such as ht present position symbol) in combination with any device (Android or Apple) may be used as a supplement to an approved navigation source only. You acknowledge your obligation to conduct flight with all required primary sources of navigation information as determined by the CASA (reference AIP). The App is a service approved by CASA to display aeronautical information and may, in compliance with appropriate regulations, be used to entirely replace paper and be a sole source of aeronautical information. Users agree to ensure all appropriate regulations are complied with in this regard.
7.3 For information on the required material to have on board for flight you must refer to the relevant Legislation, Regulations and Advisory publications for your intended flight. You must contact the Civil Aviation Safety Authority in the event of doubt about the required documentation for flight. No advice as to required documentation is provided in these terms or in the App.
7.4 You must rely upon primary sources of navigation information as determined by the CASA for and during flight navigation of any aircraft.
8. PRICE OF THE APP
8.1 The price and/or renewal price of the App is determined by OzRunways and is subject to change without notice.
9. AVAILABILITY OF THE APP
9.1 OzRunways may freeze, suspend, remove, revoke and/or cancel the App and/or all or any of the information contained in the App at any time and at its discretion, in particular if OzRunways considers in its unfettered opinion that material may possibly not be conducive to air safety and in no way shall OzRunways be liable for any of these changes.
9.2 OzRunways offers no warranty about the availability and accuracy of information and/or content provided from time to time by third parties concerning the App and the information contained in the App, and OzRunways shall have no liability for any inaccuracy or unavailability of information and/or content.
10. CHANGES TO THE APP
10.1 These terms and the operational information in the App operate in an ambulatory manner and this App is accepted by you on the basis that changes will be made and once made become the new terms; also the App’s presentation material will alter and you accept all risk arising from such agreement.
10.2 If you want to take control over which version of OzRunways is running (rather than to accept the version offered from time to time), OzRunways will provide you with a quote for a custom enterprise version of the software or App as the case may be.
11. RULES OF USAGE
11.1 The App is only approved for personal use. Individuals are not permitted to use the App for duties for or on behalf of the any Government without express permission. It is a condition of this agreement that Government, defence or law enforcement use is not authorized unless expressly approved through an Enterprise Licence agreement between OzRunways Pty Ltd and the other entity, agency or department. Grant of Enterprise Licences are at the absolute discretion of OzRunways Pty Ltd. Enterprise Licence fees and charges are not the same as personal user licences. Prices for Enterprises Licences will be at the absolute discretion of OzRunways Pty Ltd and will be reflective of all factors relevant to the particular circumstances surrounding setting up, managing the licence and will consider associated risks, complexities etc. which accompany the agreement. OzRunways may authorise subsidiary companies to sell enterprise licences for the App on behalf of the parent company.
(a) By entering in to an Enterprise Agreement with OzRunways Pty Ltd your company grants OzRunways permission to display the other entities or agencies name, business logo or other identifiable mark on the company website and promotional material for marketing purposes.
11.2 You are only authorised to use the App and/or the information contained in the App in accordance with legislation relating to civil aviation in Australia. Use for non-civil aviation, where permitted under an Enterprise Licence is to be in accordance with relevant aviation regulation (e.g. ADF)
11.3 You are not to copy, rent, lend, lease, sell, reverse-engineer and/or modify any part or the entirety of the App and/or the information contained in the App. If you do so we reserve our rights upon discovery of you having done so to proceed against you for:
(a) all costs, charges, expenses, of OzRunways in identifying what you have done or may have done, plus
(b) all legal fees howsoever arising which we may in our absolute discretion decide to incur to identify protect and/or prosecute for any such breach of this Contract and Terms, including preventing by way of Injunction and/or any other court process your use of our Intellectual Property and/or systems and/or data.
11.4 You agree that upon us informing you of our identification of breach you will forthwith remove any fact matter or thing comprising OzRunways’ property. You further will pay OzRunways damages in respect of all costs charges losses expenses of whatsoever description and kind including losses of sales and opportunities for OzRunways because of your breach.
11.5 You will not use any part or the entirety of the App in any unauthorized use, way or manner, or in such a way that does not comply with this Agreement. In the event of you doing so, OzRunways may recover from you and anyone associated with you in such unauthorized use such injunctions, damages and/or compensation as noted in Clause 11.3 as for a breach of this clause.
11.6 If you hack, or attempt to hack these terms, the App and/or the systems of OzRunways, you will be personally responsible for all damage, unauthorized use, the cost of making good both the App as installed on your portable device and/or any resulting harm, or alteration to your App or any other that does or might arise and you will pay our costs of making good, repair and/or replacement at our absolute discretion and you hereby grant us copyright over all and any change to all or any part of the App which may arise.
12. INTELLECTUAL PROPERTY
12.1 The App, and including but not limited to, software, information, maps, graphics, computer and software code, scripts, video clips, audio clips, system interface, and sounds comprising and contained in the App, are the property of OzRunways and their respective owners, and are covered by applicable legislation in the Commonwealth of Australia and/or any other jurisdiction.
12.2 OzRunways, the OzRunways logo and other OzRunways trademarks, watermarks including electronic watermarks and logos used in the App, the information contained in the App and/or in connection with the App are trademarks or registered trademarks of OzRunways in the Commonwealth of Australia and/or other jurisdictions.
12.3 Any third party intellectual property including but not limited to copyright, trademarks, graphics, watermarks and/or logos used in the App, the information contained in the App and/or in connection with the App are the property of their respective owners. OzRunways reserves its right to take proceedings to protect the third party intellectual property where it may be required to do so as if the breaches were breaches of these terms.
12.4 You are granted no right(s) or licence(s) concerning the use of any third party intellectual property save as a user of this App for the purposes for which it was and is designed, namely, as an air navigation aid.
12.5 You agree and warrant that you will not use any material and/or information contained in the App and/or the information contained in the App in any manner or for any purpose other than its intended use in compliance with this Agreement.
13. THIRD PARTY INFORMATION, CONTENT AND MATERIALS
13.1 You acknowledge that the information and content contained in the App and/or the information contained in the App includes material and content from third parties.
13.2 OzRunways is not responsible for and does not conduct assessment, examination and or evaluation of accuracy or relevance of information and/or content in the App provided by third parties and you accept and hold harmless OzRunways concerning the validity of the matter from which OzRunways assembles the data, graph and map presentation in the App from third parties.
13.3 You will in no way use any third party materials in an unauthorized manner as required by that third party supplier in such a manner to infringe the rights of any other party.
13.4 OzRunways is not liable or responsible in the event of any infringement of the rights of any other party by you arising from information and/or content provided by third parties in the App and you indemnify and hold OzRunways harmless from all actions suits claims and demands arising directly or indirectly from such infringement howsoever arising..
13.5 The use of some third party data may be subject to additional terms not specified within this agreement.
Subject to Law:
14.1 OzRunways makes no representations, promises, suggestions, warranties and/or guarantees concerning the App and/or the information contained in the App as being suitable for any purpose. To the extent that OzRunways is permitted by law, the App and the information contained in the App are provided on an ‘as is’ and ‘as available’ basis without any express or implied warranties of any kind.
14.2 OzRunways generally and specifically, save for warranties required to be operative by law, hereby disclaims any and all implied warranties with regard to the App and the information contained in the App including but not limited to all implied warranties of title, non-infringement, acceptable quality, and fitness for any purpose whether disclosed or otherwise.
14.3 The App and/or the information contained in the App may from time to time or at any time include inadvertent inaccuracies, errors, oversights, mistakes and/or omissions of software and/or hardware and no recourse, complaint, claim for damage and/or relief including consequential losses shall be applicable.
14.4 OzRunways does not guarantee, represent and/or indemnify that the App and/or the information contained in the App are or will be free of and from attack, corruption, loss, errors, viruses, hacking, modification, interruption and/or any other electronic incursion or interference. No liability shall arise therefrom to OzRunways.
14.5 As a condition of these terms you are required to inform OzRunways if you find or encounter any such attack, corruption, loss, errors, viruses, hacking, modification, interruption apparent deficiency and/or any other electronic incursion or interference
14.6 OzRunways, its officers, directors, employees, agents, affiliates, contractors, licensors, and representatives shall under no circumstances be liable directly or indirectly for any direct, consequential, punitive or special damages or any damages arising from any claim(s), suit(s), demand(s), proceedings or action(s) originating from an action or actions in contract, product liability, negligence or other tortious action directly, arising out of or in connection with the use or performance of the App or the information contained in the App for any purpose issuing from, but not limited to, any or all of the following:
(a) loss of use;
(b) loss of information;
(c) loss of data;
(d) corruption of data;
(e) modification of data;
(f) loss of profits;
(g) loss of property;
(h) destruction of property;
(i) damage to property;
(j) loss of life;
(k) illness (physical and/or mental);
(l) disease (physical and/or mental);
(m) injury (physical and/or mental);
(n) impairment (physical and/or mental);
(o) disability (physical and/or mental);
(p) upgrade and/or or change by Apple, Airservices Australia, Bureau of Meteorology, and/or any person, persons, firm, corporation, association and/or organisation having any legitimate entitlement to make any or all amendments to all or any of the App and/or in the information contained in the App or device used for the purposes of operating the App,
(q) human or pilot error,
(r) failure of any system, aircraft, transmitter and/or receiver, and/or
(s) upgrade and/or or change by any Android apparatus
14.7 The Australian Consumer Law (‘ACL’) provides consumers with guarantees that cannot be excluded restricted or modified. These terms do not affect any rights you have under the ACL which cannot be excluded or modified. However to the extent permitted by the ACL and subject to any other legal restriction we exclude any terms conditions warranties guaranties or other liabilities that might apply to us in respect of these terms or anything done under them, we limit our liability as permitted by the Act, at our option, to the resupply of the services or the payment of the cost of having the services supplied again.
14.8 If you acquire and/or operate this App under as an individual and wholly predominantly for personal household or domestic use or consumption and we cannot exclude liability by proper operation of law, we are not liable for any indirect special consequential or economic loss or damage, whether or not arising from default or negligence by OzRunways.
14.9 This Agreement is subject to statutory rights that OzRunways has in respect of any limitation of obligation associated with and/or arising from the terms of supply of matter provided to OzRunways by its service providers, and any limitation of liability to us contained in such contracts and/or terms of supply to us shall apply to the use by you of the material supplied herein as if the terms of limitation were set out herein.
14.10 In the event that conditions, obligations and/or warranties apply under the ACL or other State and/or Federal legislation, OzRunways restricts and limits any liability arising from any claim, action and/or proceeding arising from such conditions, obligations and/or warranties to the following:
(a) In terms of the supply of the App as a good, OzRunways may without prejudice to its rights provide any of the following remedies to you at its discretion and in full and complete settlement of any action, claim demand and/or proceedings as brought by you at its discretion: the repair of the App, the supply of a replacement App or a similar App, and/or payment of any replacement cost of the App; and
(b) In terms of the supply of the App as a service, OzRunways may without prejudice to its rights provide any of the following remedies to you at its discretion and in full and complete settlement of any action, claim and/or proceedings as brought by you at its discretion: re-supply of the App and/or repayment of any replacement cost of the App.
15. INDEMNITY AND WAIVER
15.1 You agree and warrant that you will indemnity and hold OzRunways, its officers, directors, employees, agents, affiliates, contractors, licensors, and representatives harmless to the fullest extent of liability against any and all actions, proceedings and/or claims, and/or any and any and all damages arising out of any fact matter or thing howsoever arising, directly or indirectly associated with this App, its placement on any portable device howsoever arising including but not limited to, any or all of the following:
(a) air crash howsoever arising;
(b) damage howsoever arising;
(c) personal loss of any kind;
(d) loss of any information, data, item, chattel, and/or thing etc;
(e) unauthorized use by you of the App and the information contained in the App; and/or
(f) lawful actions taken by OzRunways and/or third parties concerning any clear, reported, apparent and/or imagined breach, infraction and/or violation of this Agreement.
16.1 In the event that there is any breach of all or any of the terms, conditions, clauses and provisions of this Agreement, or OzRunways reasonably suspects or believes that a breach has occurred, OzRunways may at any time, at its discretion and without any notice to you:
(a) prevent, remove, suspend and/or cancel your access to the App;
(b) terminate this Agreement and any other agreement entered into with you;
(c) recover through any legal means the balance of payments and all amounts owing and due under your subscription with OzRunways for the App; and/or
(d) bring legal proceedings against you to protect its rights and or injunction and/or to be compensated by way of damages for all harm arising to OzRunways because of your actions giving rise to rights to OzRunways under this clause of this Agreement
16.2 You agree to provide written notice of 28 days should you wish to cease or discontinue your use of the App and the information contained in the App.
17. FORCE MAJEURE
17.1 OzRunways will not be liable for any breach of this Agreement due to any thing, matter and/or object beyond the control of OzRunways including but not limited to, accidents; fire; bushfire; flood; earthquake; tsunami; cyclone; tornado; hurricane; volcanic eruption; volcanic ash, smoke and cloud; bushfire smoke and ash; dust storms; asteroid, comet and/or meteorite impact and/or showers; nuclear, chemical and/or biological warfare; hacker attacks; cyber warfare; GPS shut-down; Internet shut-down; network poor performance or non-performance; malware attacks; virus attacks; wars; riots; civil commotion; religious, sectarian and/or cult violence; military coups; intervention by public or government authority; police action; explosions; disease; plague; pestilence; work stoppages; lock-outs; industrial action; power outage or electrical failure of whatsoever kind; and/or acts of any deity.
18. ENFORCEMENT OF TERMS AND CONDITIONS OF THIS AGREEMENT
18.1 OzRunways has the right and the prerogative to investigate and monitor any clear, reported, apparent and/or imagined breach, infraction and/or violation of this Agreement at its discretion. In that respect you explicitly and directly agree to supply OzRunways with all information (including the device on which the App is or was loaded, all documents, flight planning documents and papers, maps and charts) relating directly or indirectly to the ownership use management of the App, the device upon which it is installed, the aircraft, any flight in any aircraft and/or other device in which the App was used to enable OzRunways to identify any matter which it reasonably regards as appropriate to the protection of its interests, commercial and otherwise and in the interests of air safety.
18.2 OzRunways has the right and the prerogative to take any and all lawful actions concerning any clear, reported, apparent and/or suspected breach, infraction and/or violation of this Agreement at its discretion.
18.3 OzRunways will not be held accountable or responsible for a failure or a delay to enforce the terms, conditions, clauses and/or provisions of this Agreement at any time.
18.4 In the event that OzRunways fails or delays to enforce any of the terms, conditions, clauses and/or provisions of this Agreement, such a failure or delay will not constitute a waiver of any of the terms, conditions, clauses and/or provisions of this Agreement at any time.
19.1 This Agreement supplants and succeeds any previous agreement and/or contract between you and OzRunways.
19.2 You agree and acknowledge that additional terms, conditions, clauses and provisions may be applicable to you.
19.3 In the event that any part or parts of this Agreement are held to be void, invalid or unenforceable, such a part or parts shall be construed to show and reflect to the fullest extent possible, the original intention of OzRunways. Any remaining part or parts of the Agreement shall remain operable to the fullest extent possible.
19.4 This Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
19.5 Any litigation, dispute and/or court proceedings arising out of this Agreement shall be brought before the Courts of the state of New South Wales, Australia.
EULA for Airways New Zealand data:
Customer conditions and purposes for use of Licensed Material OzRunways Pty. Ltd END USER LICENCE AGREEMENT (EULA)
This is a legal agreement between you (as an individual or other legal entity) and OzRunways Pty. Ltd. By proceeding with use of the Material, you indicate your acceptance of this agreement.
“Material” refers to digital map images, spatial reference information relating to digital map images, spatial reference information related to waypoints, aeronautical features, points of interest or significant map features, map scales and legends, and/or other aeronautical publications, in each case, provided to you by the Licensor (whether as part of the Software or not) under this agreement.
"Licensor” refers to OzRunways Pty. Ltd. "Software" refers to all material and documentation included with this application, and all updates provided by the Licensor.
"User" or “You” means the licensee under this agreement. This can be an individual person or other legal entity.
2. GRANT OF LICENCE
The User is granted a non-exclusive, non-transferable license ("License") to use the Software together with the Material contained therein.
LICENCE LIMITATIONS You may not:
purport or attempt, to sublicense or otherwise make available all or any part of the Material to any other person;
extract, copy, reproduce, modify, adapt, distort or vary the Material by any means or in any form unless specifically authorised by the Licensor;
allow the Material to be stored for multiple use, or to be concurrently used, or be capable of being concurrently used, by multiple users;
format or merge the whole or a substantial or material part of the Material so that it ceases to be readily identifiable as that of the Licensor; and
do or suffer any act in respect of the Material which is not expressly licensed under this Agreement.
3. USER'S OBLIGATIONS
The User agrees to use the Material in a manner consistent with all applicable laws and regulations and safe and prudent navigation practices. The user shall always provide alternative means of navigation, and shall not rely on the Software in any role that is critical to the safety of life or property. The Material must not be installed on a network that allows more than one user or more than one computer to access the Material except where the Licensor has granted an extended license.
The Material is produced under license from the original agency that produced the Material or its licensee (the Original Agency). The copyright of the Material resides with the Original Agency. The Material must not be copied except to the extent necessary to use the Material as permitted under section 2 of this agreement. The User may not distribute any part of the software to any third party.
The User may not rent, lease, sell, transfer or assign the User's rights under this agreement to any third party. The User may not permit others to use the Material.
While all reasonable efforts have been made to ensure that the Material is as accurate as practicable, the Licensor and the Original Agency make no representations and give no warranties that the Material is complete, up to date, free from errors, omissions or other inaccuracies. The Material is used at your own risk, and in no event will the Licensor or the Original Agency be liable to you for any loss or damage of any kind, including lost profits or other consequential loss arising from your use of or inability to use the Material.
7. GOVERNING LAW
This agreement shall be governed by the laws of Australia.
Disclaimer for Airways New Zealand data:
While all reasonable efforts have been made to ensure that the Material is as accurate as practicable, the Licensor and the Original Agency make no representations and give no warranties that the Material is complete, up to date, free from errors, omissions or other inaccuracies. The Material is used at your own risk, and in no event will the Licensor or the Original Agency be liable to you for any loss or damage of any kind, including lost profits or other consequential loss arising from your use of or inability to use the Material
NATS DATA LICENCE AGREEMENT
OzRunways contains data provided by NATS (Services) Ltd.
NATS (SERVICES) LTD
DATA LICENCE AGREEMENT
1. Licence. NATS (Services) Ltd ("the Owners") hereby grant you (either an individual or entity) a non-exclusive, non transferable licence to use the data (“the Data”) loaded on OzRunways (“the Product”) in accordance with the terms of this (“Licence Agreement”). You may not copy, modify, alter, electronically transfer, decompile or reverse engineer the Data in any way, other than to make one copy of the Data for back-up purposes. It is also your responsibility to ensure that, before using the Data, you have made adequate back-ups of the application software and data stored on the Product. In using the Product, you will be deemed to have accepted the terms of this Licence Agreement.
2. Restrictions. This licence is personal to you and you may not assign, transfer or sub-licence the Data to any other person without the express written consent of the Owners. You may only use the Data on one single Product that you own or use. You may use the Data on a different Product only if you first delete the Data installed on the first Product. Printouts of the charts are limited to 'screen-dumps' and may be taken for your own use including for use in educational and personal research documents and projects. Copyright in this material irrespective of its form of presentation will however vest in the Owners. Printouts may not however under any circumstances be taken and included in documents or publications either in print, photocopy or electronic form to be circulated for republication, promotional purposes or sale.
3. Limitations of Remedies. The Owners exclude all liability, (whether in contract, tort or otherwise) arising from the use or interpretation of the Data. The Owners liability for any direct loss arising from any defect in the Data is limited to your purchase price. Except as set out in this Licence Agreement, in no event will either the Owners or their group companies, licensors, suppliers or agents be liable to you for any loss or damage of any kind (except personal injury or death resulting from the Owners' negligence), including any loss of profits, loss of anticipated savings or other indirect or consequential damages arising out of your use or inability to use the Data or from errors or deficiencies in it, whether caused by negligence or otherwise.
4. Law. This Licence Agreement is governed by English law and the jurisdiction of the English courts.
The Data includes mapping data licenced from Ordnance Survey with the permission of the Controller of Her Majesty's Stationery Office. (c) Crown Copyright 2013. All rights reserved.
Data included in the product reproduced under licence
from NATS (Services) Ltd. Copyright 2013 NATS (Services) Ltd. All rights
IGN Data Agreement
OzRunways contains cartographic information provided by L'Institut National de l’Information Géographique et Forestière "IGN". This agreement only applies to the SCAN OACI and SC1000 maps.
This text is loosely translated from the French text below and is informational only. The French text is deemed authoritative.
The map data included in this product are the exclusive property of the National Institute of Geographic and Forest Information (IGN-France)
• The license granted to the user does not constitute a transfer of ownership of the data.
• The use of this data is strictly limited to the use and the specific needs of licensed users.
• Any transfer of data to a third party is subject to prior written approval by IGN.
• You are not allowed to extract data from the product or use the data in other software.
• Reproduction of the data in any form for third parties is expressly forbidden.
Les données cartographiques intégrées dans ce produit sont la propriété exclusive de l'Institut National de l’Information Géographique et Forestière (IGN-France)
• La licence concédée à l'utilisateur des fichiers n'entraîne à son profit aucun transfert de propriété de ces données.
• L'utilisation de ces données est strictement limitée à l'usage et aux besoins propres des utilisateurs licenciés.
• Toute communication, même partielle, des données à des tiers, à titre gratuit ou onéreux, sous toute forme, par tout moyen et pour quelque motif que ce soit est soumise à l'accord exprès préalable de l'IGN.
• Les données IGN ne doivent pas être extraites du produit ou utilisées sur un autre logiciel.
La reproduction pour
diffusion à des tiers ou la commercialisation des sorties graphiques est
interdite, sous quelque forme ou par quelque procédé que ce soit. © IGN
Open Source Licenses
Uses Route-Me map library:
The Route-Me library is copyright (c) 2008-2010, Route-Me Contributors All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Uses OpenStreetMap.org maps, copyright OpenStreetMap
Maps and data from DFS Deutsche Flugsicherung GmbH (DFS)
OzRunways contains cartographic information provided by DFS Deutsche Flugsicherung GmbH. The ICAO map Germany (ICAO-Karte Deutschland), the German Streckenkarte, German AIP VFR and Visual 500 maps are Copyright DFS Deutsche Flugsicherung GmbH and made available to you under the following additional conditions:
1. You may only use DFS maps in conjunction with OzRunways EFB.
2. You may only print/photocopy/reproduce DFS maps for personal, non-commercial use.
Additional Copyright Notices
OzRunways uses data licensed from Pooleys Flight Equipment Ltd. All Pooleys Flight Guide documents available in OzRunways are Copyright 2013 Pooleys Flight Equipment Ltd., all rights reserved.
OzRunways may collect crash information from your device to help make the app more stable. This information is completely anonymous and can not be used to identify the user or their position in any way.
SkyVector Warranty Notice
DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYVECTOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENENT. SKYVECTOR DOES NOT WARRANT THAT THE AVAILABILITY OF THE LICENSED PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED. THE LICENSED PRODUCTS ARE NOT DESIGNED OR INTENDED FOR HIGH RISK ACTIVITIES SUCH AS THE OPERATION OF EMERGENCY SERVICES, NUCLEAR FACILITIES, AIR TRAFFIC CONTROL OR LIFE SUPPORT SYSTEMS, WHERE THE USE OR FAILURE OF THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE. Acknowledgment. LICENSEE ACKNOWLEDGES THAT THE CONTENT WITHIN THE LICENSED PRODUCTS IS PROVIDED BY THIRD PARTIES, OVER WHICH SKYVECTOR HAS NO CONTROL. LICENSEE UNDERSTANDS AND AGREES THAT SKYVECTOR MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE CONTENT OR DATA INCLUDED WITHIN THE LICENSED PRODUCTS. LICENSEE EXPRESSLY AGREES THAT USE OF THE LICENSED PRODUCTS IS AT ITS OWN RISK AND THE LICENSED PRODUCTS ARE PROVIDED BY SKYVECTOR ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES SUCH AS THE OPERATION OF EMERGENCY SERVICES, NUCLEAR FACILITIES, AIR TRAFFIC CONTROL OR LIFE SUPPORT SYSTEMS, WHERE THE USE OR FAILURE OF THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE..