OXFORD AVIATION SERVICES LIMITED - IMC Rating.
COPYRIGHT STATEMENT - INDIVIDUAL LICENCE TERMS - PERMITTED USE - WARRANTY - LIABILITY
WE OWN THE COPYRIGHT IN THE ENCLOSED SOFTWARE. IT IS UNLAWFUL TO USE THIS SOFTWARE ON A COMPUTER OR TO LOAD THIS SOFTWARE ONTO A COMPUTER WITHOUT OUR LICENCE. WE ARE WILLING TO LICENCE THE ENCLOSED SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REMOVING THE ENCLOSED CD-ROM AND USING IT ON OR LOADING IT ONTO YOUR COMPUTER. BY USING THE CD-ROM ON YOUR COMPUTER OR LOADING IT ONTO YOUR COMPUTER YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS WE ARE UNWILLING TO LICENCE THE SOFTWARE TO YOU, AND YOU SHOULD, WITHIN 14 DAYS OF PURCHASE, RETURN THE UNUSED CD-ROM, PACKAGING AND ALL ACCOMPANYING ITEMS TO US OR YOUR SUPPLIER WITH PROOF OF PURCHASE FOR A FULL REFUND.
1. LICENCE
1.1 We own the copyright in the software contained within this package and all accompanying documentation (the "Software").
1.2 You own only the CD-Rom on which the Software is recorded, but we shall at all times retain ownership of the Software.
1.3 This licence is personal to you as the purchaser of the Software and this is given for your benefit only. This licence cannot, except as set out in this Agreement, be resold or transferred to anyone else.
2. PERMITTED USE
2.1 As purchaser of the Software you may load the Software onto and/or use it on a single computer which is under your control.
2.2 If you are an individual user, you may only use the Software for private study. The Software in your possession or under your control cannot be reused or transferred to training organisations, educational establishments of any description or other individuals, including students on any training course.
2.3 If you are a training organisation or educational establishment of any description using the Software for purposes other than individual private study, then you must NOT use this Software unless you have entered into a Training School User Licence Agreement with Oxford Aviation Services Limited. Your use of the Software and use by the students enrolled on your courses is governed by the terms of such agreement. Such Software copies in your possession or under your control cannot be reused or transferred to other training organisations, educational establishments of any description or individuals, including students. Where your Training School User Licence Agreement requires you to do so, you must purchase additional copies of the Software for each new student intake on your course. In connection with this you must, if we request, supply details of student numbers and provide us with reasonable access to conduct a verification audit.
2.4 You may not:
(a) run the Software on two or more computers at the same time;
(b) sub-license, assign, rent, lease, sell on or transfer the licence or the Software or except as permitted under 2.3, distribute copies of the Software;
(c) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software except as permitted by law; or
(d) make copies of the Software.
3 WARRANTY
3.1 We warrant that for a period of thirty (30) days from delivery:
(a) the CD-Rom on which the Software is recorded will be free from defects in materials and workmanship under normal use; and
(b) the copy of the Software in this package will materially conform to the documentation (whether hard copy or electronic) that accompanies the Software.
3.2 Failure of either warranty entitles you, as your sole and exclusive remedy, to obtain from us either a replacement free of charge or a full refund if you return the CD-Rom to us or your supplier during the warranty period with a dated proof of purchase.
3.3 We do not warrant that the Software will meet your requirements or that its operation will be uninterrupted or error free. In particular, you acknowledge that the Software is designed as a teaching and learning aid and accordingly we do not warrant that students instructed will pass their examinations or put what they have learned into practice.
3.4 Except as expressly provided in this Agreement, no warranty, condition, undertaking or term, express or implied, statutory or otherwise, is given or assumed by us and all such warranties, conditions, undertakings and terms are excluded to the fullest extent permitted by law. Notwithstanding 3.4, if you are an individual user, this Agreement shall be without prejudice to your statutory rights.
4. LIABILITY
4.1 Our liability to you for any losses shall not exceed the amount you originally paid for the Software.
4.2 In no event will we be liable to you for:
(a) loss of profits, business, data, revenue, goodwill or anticipated savings (both direct and indirect); or
(b) special, indirect or consequential loss or damage whether arising in tort (including negligence), misrepresentation, contract, breach of statutory duty or otherwise.
4.3 Nothing in this Agreement limits our liability to you in the event of death or personal injury arising from our negligence, breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982, or damage for which we are liable under Part I of the Consumer Protection Act 1987 or for fraud.
5. TERMINATION
5.1 This Agreement and the licence granted by it automatically terminates if you:
(a) fail to comply with any provisions of this Agreement;
(b) destroy the copies of the Software in your possession; or
(c) voluntarily return the Software to us.
5.2 In the event of termination, you must destroy all copies of the Software from all storage media in your possession. You may retain the CD-Rom on termination of this Agreement provided the Software is erased. If the Software cannot be erased you must destroy the CD-Rom and documentation.
6. GENERAL PROVISIONS
6.1 This Agreement constitutes the entire Agreement between you and us and supersedes all previous communications, representations, understandings or agreements with respect to its subject matter, except any fraudulent misrepresentation.
6.2 Any failure or delay by us to enforce any term of this Agreement shall not be deemed a waiver of such term.
6.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
6.4 This Agreement is governed by and construed under English law. You irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
OXFORD AVIATION SERVICES LIMITED 2005
Oxford Airport, Kidlington, Oxon
OX5 1QX, England
Tel: +44 (0) 1865 844290
email:
[email protected]
©Copyright Oxford Aviation Services Ltd 2005.
Thanks to Blue Robin for originally posting this on the Flyer forums