END-USER LICENSE AGREEMENT FOR DROIDEFB. IMPORTANT! PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: DroidEFB End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a legal entity) and DroidEFB, LLC (hereinafter DroidEFB) for the DroidEFB software products associated with the DroidEFB subscription services, which also includes associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and DroidEFB, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties, as well as supersedes any prior proposal, representation, understanding, agreement, or license between you . If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
This product is not intended to be an FAA approved weather source or to provide a substitute for contacting flight service or using other FAA approved sources for any information regarding aviation including weather, aircraft or airport information. Chart and map data is NOT verified. In addition to the grants and limitations listed herein, DroidEFB, its employees, directors and shareholders explicitly disclaim any warranty, and You assume all risk associated with the use of this software for any purpose.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows: (a) Installation and Use. DroidEFB grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Android OS]. (b) Backup Copies.You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT. (b) Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. (e) Support Services. DroidEFB may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. (f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION. Without prejudice to any other rights, DroidEFB may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by DroidEFB or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by DroidEFB.
5. RELEASE, HOLD HARMLESS AND COVENANT NOT TO SUE. In consideration of being provided with the software, You, for yourself and spouse, legal representatives, heirs and assigns, hereby agree as follows: a. You hereby voluntarily assume the risk of any and all injuries or damages that You may incur, including, but not limited to, serious bodily injury and/or death by utilizing the software; and b. You hereby forever release and discharge DroidEFB, its agents, directors, employees, shareholders, legal representatives, their executors, spouses, and heirs, from any and all liabilities, claims, demands, or causes of action that You may incur during or arising out your use of the software or information contained therein, however caused, even if caused by the negligence of DroidEFB or any of its agents, directors, employees, shareholders or legal representatives, to the fullest extent allowed by law; and c. You will not sue or make a claim against DroidEFB for damages or causes of action that You may incur during or arising out of your use of the software, however caused, even if caused by the negligence (whether active or passive) of DroidEFB, to the fullest extent allowed by law; and d. If you or your spouse, executors, legal representatives and/or heirs violate this agreement by filing such a suit or making such a claim, you agree to pay all attorneys’ fees, damages and costs by DroidEFB in defending such claim.
6. NO WARRANTIES. DroidEFB expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness for a particular purpose. DroidEFB does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. DroidEFB makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. DroidEFB further expressly disclaims any warranty or representation to Authorized Users or to any third party.
7. LIMITATION OF LIABILITY. In no event shall DroidEFB, its employees, directors, or shareholders be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE PRODUCT, even if DroidEFB has been advised of the possibility of such damages. In no event will DroidEFB be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. DroidEFB shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
8. SEVERABILITY. If any part, article, paragraph, sentence or clause of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.
9. MISCELLANEOUS This Agreement contains the entire integrated Agreement between the parties hereto with respect to the matters covered herein. No variations, modifications or changes herein or hereof shall be binding upon either party hereto unless set forth in writing duly executed by both parties.
10. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. All disputes and matters whatsoever arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a Court located in the County of Harris in the State of Texas to the exclusion of the Courts of any other County, State or Country.
