Flight Monitor Widget License Agreement
Please read the terms and conditions of this license agreement (the “License”) before using the Flight Monitor Widget (the “Widget”). By installing and using the Widget you accept and agree to the terms of this License. This License constitutes the entire agreement concerning the Widget between you and Flight Monitor and it supersedes any prior proposal or representation. If you do not agree with these terms and conditions, promptly un-install the Widget and, if you paid for a License, contact your distributor for a refund of the amount that you paid.
The term “Widget” includes, and these terms and conditions also apply to, any updates, modifications and upgrades to the Widget that you may receive from time to time.
1. License Grant
This version of the License permits you as subscriber of the Widget, to use the Widget in accordance with subscription purchased. Every single location is permitted to distribute the output signal to their digital signage network for display on the licensed screens. You agree that you will not sub-license, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from Flight Monitor. You agree that you will not modify, adapt or translate, disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Widget.
2. Services supplied under the License
The Services include all means by which Flight Monitor provides content to you or receives content from you including and without limitation to, Flight Monitor’s websites, downloadable software applications, delivery of Flight Monitor content to you at your request, mobile web sites, mobile downloadable applications, services that allow you to submit content to Flight Monitor, blog submission services, chat rooms and message boards. The Services are owned and operated by Flight Monitor.
Flight Monitor has the right at any time to change or discontinue any aspect or feature of the Services, including and without limitation to the content, hours of availability, and equipment needed for access or use of the Services.
3. Standard Maintenance and Support
All updates and technical support for your subscribed Widget are free of charge for the license duration.
4. Flight Monitor’s Rights
You acknowledge and agree that the Widget and Documentation (the “Licensed Products”) are proprietary products of Flight Monitor under the international copyright law and disclosed to you by Flight Monitor in confidence. You shall take all reasonable steps to safeguard the Licensed Products. Flight Monitor owns and retains all copyrights, trademarks, trade secrets and other proprietary rights in and regarding the Licensed Products except for any third party data. This License conveys only a non-exclusive and limited right of use to you, revocable in accordance with the terms and conditions of this License.
5. Limited Warranty
Flight Monitor warrants that for your benefit alone, for ninety (90) days from the day of delivery to you (the “Warranty Period”), the Widget, under normal use in a compatible execution environment, will be free from defects in material and workmanship. Any replacement program will be warranted for the remainder of the original warranty period or thirty (30) days from the date of receipt by you, whichever is longer. In no event may you bring any claim, action or proceeding arising out of the warranty set forth in this Article more than six (6) months after the date on which the breach of warranty occurred.
6. Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES SUPPLIED UNDER THE LICENSE IS AT YOUR SOLE RISK. NEITHER FLIGHT MONITOR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULT THAT MAY BE OBTAINED FROM USE OF THE SERVICES SUPPLIED UNDER THE LICENSE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES SUPPLIED UNDER THE LICENSE. THE SERVICES SUPPLIED UNDER THE LICENSE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES SUPPLIED UNDER THE LICENSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT FLIGHT MONITOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL FLIGHT MONITOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
7. Refund Policy
Flight Monitor will refund the full price of the Widget if the Widget is damaged or defective, and only if you notify Flight Monitor of the refund request within fourteen (14) days after the date you initially subscribed to the Widget.
8. Exclusive Remedies
You agree that if a defect in the Widget media appears during the Warranty Period, your exclusive remedy will be, in Flight Monitor’s sole option, to replace the media or to credit the amount paid by you to Flight Monitor, if any and terminate this License. The latter remedy is subject to the return of all copies or the cessation of use of the Licensed Products.
9. Indemnification
You agree to defend, indemnify and hold harmless Flight Monitor and its suppliers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) the content of any materials (c) any violation of any law or regulation by you, and (d) this agreement.
10. Flight Monitor is not the creator of content supplied by third parties
Accordingly, Flight Monitor has no more control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Flight Monitor.
11. Third Party Content
In many instances, the content available through the Services provided under the License represents the opinions and judgments of the respective information provider. Flight Monitor neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized Flight Monitor employee spokespersons while acting in their official capacities.
12. Export Control
Widget and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Flight Monitor does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.
13. Business Associates
The business associates of Flight Monitor are independent contractors of Flight Monitor. The business associates are not joint ventures’ or partners of FLIGHT MONITOR.
14. Changed Terms
Flight Monitor has the right at any time to change or modify the terms and conditions applicable to use of the Services supplied under this agreement, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means. Any use of the Services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
15. Miscellaneous
This license agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Pennsylvania without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved by the Commonwealth in the State of Pennsylvania or in the United States District Court of Pennsylvania, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it. No waiver by Flight Monitor of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
16. Termination / Term and Renewal
This agreement shall commence as of the date the subscription is purchased and shall remain in effect for the subscribed period. This agreement shall automatically renew for successive subscription periods upon the expiration of the initial term or any renewal term unless the subscriber fails to pay the subscription fee. Upon cancellation of the subscription, the subscriber must cease the usage of the Widget. This agreement terminates if either party fails to comply with the terms and conditions of this agreement. In such an event, you cease the usage of the Widget and Flight Monitor will be entitled to all remedies in accordance with applicable law.
17. General
This agreement and any sales hereunder are governed by the laws of the Commonwealth of Pennsylvania, USA.