AIRPORT BRIEFING AVIATOR
– END USER LICENSE AGREEMENT –
OWNERSHIP: The software application (the “Application”) and the information within (the “Data”) are property of Synapse Aviation LLC or its partners and third-party providers (collectively “Synapse Aviation”). Both the Application and the Data (collectively “Airport Briefing”) are protected under copyright laws and international copyright treaties. Airport Briefing is licensed, not sold. The structure, organization, code and content of Airport Briefing are valuable trade secrets of Synapse Aviation and/or its third-party providers.
IMPORTANT: PLEASE READ CAREFULLY THIS ENTIRE END-USER LICENSE AGREEMENT BEFORE USING AIRPORT BRIEFING. BY CLICKING THE “I AGREE” BUTTON, YOU ACKNOWLEDGE ALL TERMS AND CONDITIONS AND AGREE TO BE BOUNDED BY THIS AGREEMENT. USING THIS APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SETFORTH IN THIS AGREEMENT, QUIT THE APPLICATION IMMEDIATELY.
WARNING: AIRPORT BRIEFING IS FOR FAMILIARIZATION PURPOSES ONLY. WHENEVER OR WHEREVER A DISCREPANCY EXISTS BETWEEN THE DATA IN AIRPORT BRIEFING AND OFFICIAL DATA, THE LATTER DATA SHALL BE USED. USE AT OWN RISK.
LICENSE GRANT: Synapse Aviation 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.
RESTRICTED CONTENT: Full and unrestricted access within Airport Briefing is only possible with one of the available subscriptions (in-app purchases).
RESTRICTIONS OF USE: You shall use Airport Briefing 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 Synapse 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 Synapse; (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 Airport Briefing or other intellectual property of Synapse Aviation in the design, development, manufacture, licensing or distribution of any applications, accessories or devices.
DATA LIBRARY AND USER REPORTING: Airport Briefing includes airport data from a Synapse Aviation Repository, maintained through/by Synapse Aviation’s dispatch center, 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 Airport Briefing, 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, Synapse Aviation 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, Synapse Aviation reserves the right to prevent further access to the user from Airport Briefing without prior notification.
TERMINATION OF USE. This Agreement will terminate automatically without notice from Synapse Aviation if you breach or fail to comply with the terms and conditions of this agreement, including the payment of any applicable fees, and you agree that in any such case Synapse may in addition to any other remedies it may have at law or in equity, remotely disable the Application.
NO WARRANTY: Airport Briefing is provided to you “as is,” and you agree to use it at your own risk. Synapse Aviation and its licensors including the licensors, service providers, channel partners and suppliers, and affiliated companies of Synapse Aviation 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. SYNAPSE AVIATION MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ALL DATA IN THE APPLICATION NOR UNINTERRUPTED AND ERROR FREE APPLICATION.
DISCLAIMER OF WARRANTY: Synapse Aviation and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Synapse Aviation 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 Synapse Aviation 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 agreement. 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 Synapse Aviation and its licensors in the event of a warranty failure is $1.00 USD.
DISCLAIMER OF LIABILITY: Synapse Aviation and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Synapse Aviation and its licensors shall not be liable to you: in respect of 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 Synapse Aviation or its licensors have been advised of the possibility of such damages. Synapse Aviation’s and its licensors total aggregate liability with respect to its obligations under this agreement 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.
INDEMNITY: You agree to indemnify, defend and hold Synapse Aviation and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Synapse Aviation and its licensors, and the respective officers, directors, employees, shareholders, agents and representatives of Synapse Aviation 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 Airport Briefing.
THIRD PARTY BENEFICIARY: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
PRIVACY: You agree that Synapse Aviation 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 Airport Briefing. This information would be collected anonymously, in a way that does not personally identify you. Synapse Aviation may use this information to detect broad user trends and to otherwise enhance the product and services.
TERM: This License Agreement is effective until such time as (i) if applicable, your subscription term is either terminated (by you or by Synapse Aviation) or expires, or (ii) Synapse Aviation terminates this License Agreement for any reason, including, but not limited to, if Synapse Aviation finds that you have violated any of the terms of this License Agreement. In addition, this License Agreement shall terminate immediately upon the termination of an agreement between Synapse Aviation and any third party from whom Synapse Aviation (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.
ENTIRE AGREEMENT: These terms and conditions constitute the entire agreement between Synapse Aviation and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Synapse Aviation 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.
GOVERNING LAW: THE ABOVE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF REPUBLIC OF MACEDONIA. YOU AGREE TO SUBMIT TO THE JURISDICTION OF REPUBLIC OF MACEDONIA FOR ANY AND ALL DISPUTES, CLAIMS AND ACTIONS ARISING FROM OR IN CONNECTION WITH THE APPLICATION PROVIDED TO YOU HEREUNDER. Any translation of this Agreement from English is provided as a convenience only. If this Agreement is translated into a language other than English and there is a conflict of terms between the English version and the other language version, the English version will control.
LEGAL COMPLIANCE: 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.
Synapse Aviation LLC
Address: Roza Luksemburg 15/3, 1000 Skopje, Macedonia
Phone: +389 2 3113 963
SUPPORT: Synapse Aviation is solely responsible for providing a maintenance and support services with respect to the Airport Briefing. For all queries, complaints or claims regarding Airport Briefing, contact Synapse Aviation e-mail at firstname.lastname@example.org or by telephone at +389 2 3113 963.
Airport Briefing® is a trademark of Synapse Aviation LLC. or its subsidiaries, registered in Republic of Macedonia and other countries. These trademarks may not be used without the express permission of Synapse Aviation.