Terms and Conditions - Single User
AIRBOOKS USE AGREEMENT
User, by purchasing Airbooks and paying the Subscription Fee, agrees to accept and use Airbooks, on the terms and conditions set out in this Agreement. AIL may make changes to this Agreement from time to time and it is User’s obligation to ensure they comply with the updated version of this Agreement.
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THE PARTIES AGREE AS FOLLOWS:
1. Definitions
1.1 In this Agreement, unless the context otherwise requires, the following terms have the following meanings:
“AIL” means Airways International Limited and its employees, agents, contractors, successors and permitted assigns.
"Airbooks" means the interactive e-learning text books, which include a set of instructions or statements in machine readable medium, and any enhancement, modification, update or new release of the books or the related software or any part of the books or the related software, delivered by AIL to User.
"Agreement" means this Airbooks use agreement and includes the Schedule.
"Commencement Date" means the date User paid the Subscription Fee.
"Intellectual Property Rights" means all industrial and intellectual property rights (whether protectable by statute, at common law or in equity) as may exist anywhere in the world and whether registered or registrable.
"Subscription Fee" means the fee specified in clause 9, payable by User to AIL, for the use of Airbooks.
"Subscription Term" means 12 months from the Commencement Date.
"User" means a person using Airbooks for their personal research and study.
"User Identification" means the code or password for access to Airbooks provided by AIL to User.
2. Access
2.1 AIL shall provide access to Airbooks to User as specified in Schedule 1 on the terms and conditions set out in this Agreement.
2.2 User acknowledges and agrees that, if it uses the browser based reader for Airbooks, an internet connection will be needed in order to access Airbooks.
2.3 If User wants to use Airbooks offline, User can download Airbooks for offline reading using a compatible mobile application. The current compatible application is Inkling Axis's mobile application for Android and iOS devices. Not all content will work offline mode, for example videos within airBooks are streamed and therefore not available in offline mode. User agrees to abide by all relevant terms and conditions imposed by the provider of the application in the use of any application. AIL does not give any warranties or representations about any mobile application, and User uses any application at their own risk.
2.4 User is responsible for organising and maintaining Internet connections as required to use Airbooks.
2.5 User acknowledges that Airbooks are hosted by a third party provider. The current third party hosting provider is Inkling. User agrees to comply with all requirements imposed by the then current hosting provider. Inkling's guidelines can currently be found here: https://www.inkling.com/store/terms/platform-guidelines-july-2014/, but may be updated from time to time and it is User's obligation to ensure it complies with the latest guidelines.
2.6 AIL may, at any time by notice to User, change the hosting provider or the compatible mobile application used to access Airbooks. AIL is not liable for any costs or other losses caused by any change in the hosting provider or the compatible mobile application.
2.7 Neither AIL nor its hosting provider give any assurance as to the availability of Airbooks and are not liable for any outages or unavailability in accessing Airbooks, including as a result of changing hosting provider. User acknowledges and agrees that both scheduled and unscheduled outages and unavailability may occur from time to time.
2.8 AIL may change continued access to Airbooks if required to do so for data protection or security reasons.
3. Licence
3.1 In consideration of User paying the Subscription Fee, AIL hereby grants to User a non-exclusive, non-transferable, non-sublicensable licence for the Subscription Term for User to access and use Airbooks for the purposes of User's personal research and study.
3.2 AIL reserves all rights except those expressly granted under this Agreement.
3.3 Airbooks may only be used pursuant to this Agreement by User and Airbooks must not be used by User for the benefit of any other person.
3.4 User shall not copy, alter, modify, reproduce, publish, disclose or transfer Airbooks.
3.5 User shall not use Airbooks in a way that interferes with, unduly burdens or disrupts the integrity, performance or availability of Airbooks.
3.6 In addition to any other remedies available to AIL under this Agreement or otherwise, if there is any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of Airbooks or any other use of Airbooks in breach of this Agreement by User, AIL may immediately revoke User's access to Airbooks and/or terminate this Agreement.
3.7 AIL shall not be obliged to support Airbooks, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise.
4. Content
4.1 User acknowledges that the content of Airbooks includes (amongst other things) subject matter and theory aligned with ICAO and/or EASA standards.
4.2 User acknowledges that content for ATC 101 is not aligned with ICAO and/or EASA standards.
4.3 AIL may modify or update content at their own discretion.
5. Title to Airbooks
5.1 User acknowledges that there is no transfer of title or ownership in Airbooks to User, and that Airbooks and all Intellectual Property Rights in Airbooks remain the sole property of AIL and its licensors.
5.2 The Airbooks trade mark is owned by AIL and may not be used by User without AIL's express written approval.
6. Reverse Engineering
6.1 User must not reverse assemble or reverse compile, or directly or indirectly allow or cause a third party, to reverse assemble or reverse compile, the whole or any part of Airbooks.
7. Security and User Identification
7.1 AIL will issue User with a code or password to enable User to access Airbooks.
7.2 User undertakes not to disclose the User Identification to any third party.
7.3 If the User Identification is disclosed to any third party AIL may immediately revoke User's access to Airbooks and/or terminate this Agreement.
7.4 User shall be solely responsible for the security, protection, use, supervision, management and control of Airbooks and the User Identification.
7.5 User shall ensure that Airbooks is protected at all times from misuse, damage, destruction or any form of unauthorised use.
7.6 User must immediately notify AIL of any security breaches of its User Identification.
7.7 User is responsible for any use of Airbooks using the User Identification. In no event will AIL be responsible or liable for any unauthorised use of Airbooks using the User Identification.
8. Privacy
8.1 AIL may collect personal information from User that User provides to AIL. Personal information is information that is about an identifiable individual. The information AIL may collect includes, for example, User's name and contact details.
8.2 User gives their consent for AIL's use of their personal information in accordance with this Agreement.
8.3 AIL may disclose personal information that it collects to third party service providers, which may be located anywhere in the world (including, but not limited to, in the United States). AIL is not responsible for the use of that personal information that is outside AIL's reasonable control.
8.4 AIL will use and disclose the personal information it collects for the purpose of providing access to Airbooks, improving and adding to Airbooks, marketing to new and existing customers and as otherwise permitted by this Agreement or applicable privacy laws.
8.5 User may request access to and/or correction of their personal information by contacting AIL at: airbooks@airways.co.nz
9. Subscription Fee
9.1 The Subscription Fee is the fee published to User at the time of payment. User acknowledges that payment of the Subscription Fee is made using a third party provider. User, by making such payment, agrees to be subject to the then current payment provider’s terms and conditions.
9.2 User must pay the Subscription Fee prior to AIL providing access to Airbooks.
10. Term and termination
10.1 This Agreement will commence on the Commencement Date and continue in force until the end of the Subscription Term and AIL may terminate this Agreement without cause at any time.
11. Effects of termination or expiry
11.1 Upon termination or expiry of this Agreement:
(a) the licence granted pursuant to clause 3.1 shall come to an end;
(b) User shall immediately cease using Airbooks; and
(c) the rights of AIL that have accrued before termination or expiry will continue, including in respect of any breach of this Agreement prior to the date of termination or expiry.
12. Warranties
12.1 AIL warrants that it is entitled to grant the licence granted to User under clause 3.1 of this Agreement.
12.2 User acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty, term or condition except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
12.3 Without limiting the scope of clause 12.2, AIL does not give any warranty, representation or undertaking:
(a) as to the availability or quality of Airbooks, including any fitness for a particular purpose or merchantability, including that Airbooks will meet any particular learning needs; or
(b) that the use of Airbooks or the exercise of any of the rights granted under this Agreement will not infringe any Intellectual Property Right or other rights of any other person.
13. Limitation of AIL liability
13.1 In no event will AIL, under any circumstances, be liable, whether in tort (including negligence), contract or otherwise, to User for any:
(a) loss or corruption of data; or
(b) indirect, consequential or special loss or damage,
however caused, arising out of or in connection with this Agreement or the supply or use of Airbooks.
13.2 In no event will AIL’s liability to User, whether in tort (including negligence), contract or otherwise, arising out of or in connection with this Agreement or the supply or use of Airbooks exceed in aggregate the Subscription Fee paid by User.
14. Assignment
14.1 User may not assign or transfer any of its rights or obligations under this Agreement. User agrees that AIL may assign, novate or otherwise transfer its rights and obligations under this Agreement.
15. No waiver
15.1 No failure, delay or indulgence by any party in exercising or enforcing any power or right under this Agreement shall operate as a waiver of such power or right.
16. Governing law
16.1 This Agreement shall be governed by, and construed in accordance with, the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to all disputes arising out of or in connection with this Agreement.
SCHEDULE 1
Access: Airbooks is accessed through User’s web browser, or IOS or Android applications downloaded by User.
Airbooks is available online on any device that has a web browser. For the best reading experience, User can download and use the Inkling Axis reader application for Android and iOS. These applications are available from the application stores. AIL does not make any warranty or representation about the Inkling Axis reader application, and any use of the application is at User's own risk.
Please contact us if you have any specific questions.