Aeronautical Data Systems Terms of Service Agreement

This copy of Energy Resource Graphical Overlay (ERGO), ERGO derivative such as ERGO 180, ERGO Blue, P/T Manager, O2 Go-To, E-OPS, O2 Timer or other software services proprietary to Aeronautical Data Systems inc. ("the Software Product") and its accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Aeronautical Data Systems Inc. or its subsidiaries, affiliates, and suppliers (collectively "ADS" and/or “Company”) own intellectual property rights in the Software Product. The Licensee's ("you","your", “Licensee”, and or “User”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

1.0 Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

2.0 License Grant

This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy uses or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product. For further information regarding multiple copy licensing of the Software Product, please contact:

3.0 Contact Information

Aeronautical Data Systems
Representative: James Stabile
Address: 926 Saddleback Rd
Stillwater Twp., New Jersey 07860
Phone Number: 973-383-2224
E-mail Address: jstabile@adsopp.com

4.0 Payment

4.1 ADS reserves the right to terminate services as outlined in section 5.1 and 5.2

4.2 Unless otherwise specified in a service agreement, the licensee will be billed on the first calendar day of the month following activation of services.

4.3 Unless otherwise specified in a service agreement, ADS services will automatically renew at the end of the agreed upon service period. This period will either be monthly, annually or otherwise specified in a service agreement.

4.3.1 User may terminate the renewal of their subscription by contacting an agent of ADS thirty one (31) or more calendar days before the renewal of the service agreement term limit

4.4 Unless otherwise specified in a service agreement, ADS reserves the right to change pricing for its products and services at any time for any reason.

4.5 ADS receives service fees and payments in various forms and frequencies based on the products and services provided.

4.5.1 Fees may be collected on a one-time basis, on a per usage basis or on a recurring basis with defined billing intervals. These fees will be clearly being outlined in a service agreement or otherwise promotional material which will be kept consistent with established billing policies.

5.0 Refund and Cancellation

Any transaction that includes a service agreement will be subject to the terms of that agreement and not the terms outlined below. For all other transactions, or in the absence of a specified refund and cancellation policy outlined in a service agreement, the following refund and cancellation policy applies:

1. Unless otherwise specified in a user agreement a refund

1. May be issued within but not exceeding midnight 30 calendar days following the receipt of the first payment following a transaction
2. Will not be issued later than 31 calendar days following receipt of the initial payment

5.2 Unless otherwise specified in a user agreement a licensee may

a. Terminate a license agreement at any time for any reason

1. 1. The licensee may terminate this agreement through written letter, email, or through a recorded verbal exchange with an authorized ADS agent
  2. The licensee will be billed through the most recent billing cycle date prior to issuing a cancellation notice. As an example: a licensee who is billed on the 5^th of March and issues a letter of termination on the 18^th of March will not be billed after the 5^th of March
  3. If the licensee is billed past the date of their statement of termination a full refund of any billing past this date is optional

5.3 ADS reserves the right to terminate service at any time for any reason within the following bounds

In order to avoid potential hazards created by termination of service, ADS will not disconnect the licensee from software access for 30 days following a notification of termination.
Licensees who are being terminated as a result of failure to deliver payment will receive an additional 30-day grace period. During this period ADS will make at least one attempt to directly contact an authorized agent of the licensee to inform them of the pending termination.
If ADS has obtained reasonable evidence that would indicate the nefarious, harmful or otherwise illegal use of its products or services by the licensee, its subsidiaries or agents, ADS reserves the right to terminate service immediately with no prior notification.

6.0 Privacy Policy

6.1 ADS collects Licensee information in an effort to improve Licensee’s user experience, and to communicate with Licensee about ADS’s products, services and promotions. ADS does not sell or rent Licensee’s personal information to third parties. ADS does, however, share Licensee’s information with third parties that provide services on ADS’s behalf or with whom ADS has partnered to offer a particular product or service.

6.2 If ADS privacy policy changes, ADS shall post an updated version on ADS’s website. The policy revision date will be posted at the top of the page.

6.ADS may collect information — User voluntarily submits to ADS, for example:

a. Identifying information such as User’s name and email address;

b. Security information such as User’s username, password, and acceptance of policies, licenses and warranties;

c. Contact information such as User’s company name, mailing address and phone number;

d. Billing information such as credit card, expiration date, billing address and account history;

e. Queries to Customer Service and Technical Support;

f. Site behavior such as pages visited, downloads, or search requests and usage patterns any otherwise ADS product or service

g. Browser information such as browser version, IP address, and the presence of various plug- ins and tools. While ADS may possess social security numbers of our employees, consultants and contractors, ADS does not collect social security numbers of licensee’s, website or otherwise users

6.4 Company collects information from User when User voluntarily submit that information to Company, including, for example: registering on our websites, placing an order, subscribing to services, participating in one of our surveys, contests or promotions, attending a company seminar, training session or trade show booth, requesting literature, or contacting Company for technical or customer support.

6.5 Company employs third party vendors, service providers and suppliers to perform various functions on our behalf. Third-party services may include but are not limited to: customer information management; processing credit card or check card payments analyzing data; developing, hosting and maintaining our websites and databases. Company does not authorize any of these service providers to make any other use of User’s information or to contact User outside the context of these services.

6.6 Company utilizes security measures to protect the customer information it collects.

6.7 Company site may contain links to other sites. Company does not control the privacy practices of those websites. Company shall not be responsible for the content and/or practices of any linked websites, and Company provides these links solely for the convenience and information of the User.

6.8 In the event of a security breach of Companies systems, Company agrees to notify users via their supplied email address as to the severity of the breach within 1 business day of the breach being identified.

7.0 Restrictions on Transfer

Without first obtaining the express written consent of ADS, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

8.0 Restrictions on Use

You may not use, copy, or install the Software Product on any system with more than one

computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product. You may not use the database portion of the Software Product in connection with any software other than the Software Product.

9.0 Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.

10.0 Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use

inherently demands the creation of a temporary copy stored in computer memory and not

permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

11.0 Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY ADS, ADS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. ADS makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. ADS makes no warranty that operation of the Software product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. ADS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL ADS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF ADS OR ANY OTHER PARTY, EVEN IF ADS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS ADS'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

12.0 Limitation of Remedies and Damages

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by ADS to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold ADS harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

13.0 Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of New Jersey, without regard to New Jersey's conflict or choice of law provisions.

14.0 Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of ADS. ADS reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If ADS is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

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