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Terms and Conditions ==================== While Universal Weather and Aviation, Inc. ("Universal") believes the data and text information to be accurate, this data and text information must be used as a pre-flight reference only for planning purposes, NOT as a certified in-flight reference. Universal has compiled the content of this information from various sources, including, among others, the National Imagery and Mapping Agency and the Federal Aviation Administration, neither of which intends to imply endorsement, recommendation, or favor by making information available for inclusion herein. Universal shall not be liable for factual or editorial errors and users should only act or rely on the information after confirming its continuing accuracy. END-USER LICENSE AGREEMENT FOR CAVU COMPANIES SOFTWARE IMPORTANT- READ CAREFULLY: This CAVU Companies End-User License Agreement (LICENSE AGREEMENT) is a legal agreement between you and CAVU Companies for the CAVU Companies product identified as EFB-Kwik, which includes computer software, printed material, associated media or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this . If you do not agree to the terms of this agreement, DO NOT OPEN THE ENVELOPE, INSTALL OR COPY THE SOFTWARE PRODUCT; you may, however, return the unopened ENVELOPE to your place of purchase for a refund, subject to restocking and shipping charges. There are no refunds for electronically distributed products and/or otherwise installed products. This Subscription automatically renews on the anniversary date. The appropriate subscription cost is charged to your credit card on file. IF you do not wish to continue your subscription, you must cancel the subscription prior to the anniversary date. Review PayPal email outlining the process to cancel. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as all other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, NOT SOLD. GRANT OF LICENSE: This LICENSE AGREEMENT grants you the following rights: CAVU Companies grants to you as an individual, a personal, nonexclusive license to use the SOFTWARE PRODUCT on one computer. You may store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computer (workstation) over an internal network; however, you must acquire and dedicate a license for each separate computer (workstation) on which the SOFTWARE PRODUCT is installed or run from the storage device. If the SOFTWARE PRODUCT is run directly from the server, a license must be acquired for each workstation that will run the SOFTWARE PRODUCT. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers. Electronic and Printed Documents may be copied, either in hardcopy or electronic form, provided that such copies shall be used for internal purposes and are not republished or distributed to any third party. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS: You may not reverse engineer, decompile, reserve compile or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE PRODUCT. You may not transfer any rights of this license. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by CAVU Companies as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this LICENSE AGREEMENT. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs you licensed (version change) as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. CAVU Companies may, without prejudice to any other rights, terminate this LICENSE AGREEMENT, if you fail to comply with the terms and conditions of this LICENCE AGREEMENT. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its components and documentation. COPYRIGHT: All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by the CAVU Companies. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT except as provided above. DUAL MEDIA SOFTWARE: You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the size or type of medium, you may use only one medium that is appropriate for you computer. You may not use or install the other medium on another computer. You may not loan, rent, lease or otherwise transfer the other medium to another user. U.S. GOVERNMENT RIGHTS: The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (C)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is CAVU Companies/1001 Broad Street, Utica, NY 13501. This LICENSE AGREEMENT is governed by the laws of the state of New York. LIMITED WARRANTY: CAVU Companies warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt and any support services provided by CAVU Companies shall be substantially as described in applicable written materials provided to you by CAVU Companies and CAVU Companies support representatives will make commercially reasonable efforts to solve any problem issues. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAVU COMPANIES DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAVU COMPANIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CAVU COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CAVU COMPANIES' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$1.00.
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