THIS TERMS OF SERVICE AGREEMENT CONTAINS THE FOLLOWING:

1. Software License Agreement
2. Service License
1. a. You MAY…
2. b. You MAY NOT…
3. Apple, App Store
4. Purchase Policy
5. Refund Policies
6. Additional Terms for Business
7. Intellectual Property Rights
8. Warranty Disclaimer
9. Limitation of Liability
10. Aeropath Use
11. General
12. Governing Law

1. Software License Agreement

In this License, "the Service" means the software products under the brand "Aeropath®" which may be found at www.aero-path.com. This License is a legal agreement between you (User) and Aeropath, Inc. for use (but not ownership) of the Service.

By proceeding to install the Service, and in consideration of your use of the Service, you agree to be bound by the terms of this License and the EULA. Aeropath, Inc. permits you to use the Service only in accordance with the terms of this License (Terms Of Service Agreement) and your rights under this License will terminate automatically without notice if you fail to comply with these terms.

Service License

In consideration of your agreement to abide by the Terms Of Service and subject to your compliance with these Terms Of Service, Aeropath, Inc. grants you a non-exclusive, non-transferable license to use the Service for the following purposes and in the following manner:

You may:

1. Install and use the free or trial version of the Service, released under the brand Aeropath free of charge for 30 days for personal, evaluative and educational use. In this case, you are granted the right to perform and use a single installation of the Service on a single hardware device.
2. Install and use the Full Version of the Service, released under the brand Aeropath, for personal use with purchase of a one-year subscription. In this case each subscription is bound to one user. "User" means the company, entity or individual whose funds are used to pay the subscription fee. This subscription is not transferable to any other organization or individual. Each activation key is valid for one activation on one computer expressly under the User’s control.

You may not:

1. Remove or modify any proprietary notices or labels from the Service.
2. Reverse engineer, decompile, disassemble, repackage the installation file, or make derivative works based on the Service (except and only to the extent that such activity is expressly permitted by Aeropath, Inc.)
3. Re-sell, rent, lease, sublicense or assign the Service or any copy thereof, including any related documentation. The License is granted to You for your personal use and not for use in any capacity by any other person. You are expressly prohibited from lending Aeropath as installed on your computer to any other person. In the event that you sell or upgrade this computer, the Aeropath license is terminated and you must remove the Service from this computer. (If you fail to remove the Service under these circumstances, you will continue to be billed for any automatically renewed subscription or service.)
4. Include or transfer ownership of the Service to any party to whom you sell or gift the computer; you are required by the Terms of Service to remove the Service from this computer in such instances.
5. Use Aeropath or any portion of the Service in any manner except as specified in Part 10 – “Aeropath Use”.

Apple, App Store:

If you are using our Service on an iOS device, the terms of this Section apply. You acknowledge that this Terms Of Service Agreement (EULA) is between you and Aeropath only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple may at its discretion refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law; Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of this Terms Of Service agreement, and upon your acceptance of this, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Purchase Policy

The Aeropath application (Service) is offered free of charge directly from the App Store. This represents a temporary license of the Service which may be suspended or revoked by Aeropath Inc. for any reason. Following the trial period of 30 days beginning with receipt and installation of the Service you will automatically begin an Aeropath Subscription which extends the use and scope of the Application and all related data for an additional 12 months including regular updates to all databases including communications data and other content such as maps, charts and guides. At any time prior to conclusion of the 30-day trial period you may elect to activate the Subscription directly from the Aeropath website: www.aero-path.com/subscribe. This makes you eligible for offers and premiums offered by the Service.

Should you decline to accept the automatic Aeropath Subscription terms you must cancel the Subscription activation within the 30 day period following installation of the Service directly from the Aeropath website: www.aero-path.com/subscribe. If you fail to cancel the Subscription within this period the 12-month subscription plan is automatically activated.

Requests for refunds will not be honored following the Subscription Activation date. Any outstanding balance owed to the Company for purchases and licenses of any kind must be paid in full.

5. Refund policies

Aeropath, Inc. guarantees a refund of the payment for the Aeropath Subscription within 30 days after the initial purchase date from the App Store only in the following cases:

• The Service has serious technical problems, and no solution or remedy has been found within 30 days.

Aeropath, Inc. shall not provide a refund of the payment for the Service in the following cases:

• You refuse to cooperate with the Aeropath technical support team by declining to provide information regarding the problem, or not applying the solutions offered by the technical support team in a prompt manner.
• You use the Service on any inappropriate or outdated hardware or software or violate any published Terms Of Service.
• You encounter technical problems due to iPad or iOS hardware or software deficits and not caused by the Service and not remedied by Apple.
• The Service is supplied “as is.” Refund is denied if you express discontent with the Service due to reasons other than technical faults. All the issues related to the Service’s feature-set, interface and terms of use are evaluated through use of the Service’s Free version prior to making a purchase of the Full version.

Additional Terms for Businesses

You are licensing the Service as a Sole Consumer. As the sole Licensee, this License shall take effect between Aeropath, Inc. and you as an individual and you shall take all appropriate steps to ensure that the Service is operated in a proper manner by you and not by associates, employees or colleagues. Licensing of the Service is granted to One User (you) using One Computer (under your express control).

Intellectual Property Rights

The Service is the intellectual property of Aeropath, Inc. and is protected by law. You acknowledge that all intellectual property rights to the Service anywhere in the world belong to Aeropath, Inc.; that rights in the Service are licensed (not sold) to you; and that you have no rights in, or to, the Service other than the right to use it in accordance with the Terms Of Service.

Warranty Disclaimer

This service and any related documentation are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties or merchantability, fitness for a particular purpose or non-infringement. The entire risk arising out of use or performance of the Service remains with you.

9. Limitation of Liability

In no event shall Aeropath, Inc. be held liable for any special, incidental, indirect or consequential damages whatsoever (including without limitation, Damages for loss of business profits; Injury or loss of life; Business interruption; Loss of business information; or any other pecuniary loss) arising out of the use or of inability to use the service.

The aggregate liability of Aeropath, Inc. or the SERVICE including all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise as stated in this End User License Agreement (EULA), whether in contract, tort, or otherwise, is limited to the greater of a) The amount you have paid to Aeropath for access to and use of the Service in the active period of the Aeropath Subscription, or circumstances giving rise to claim; or b) $99.

To the maximum extent permitted by applicable law, the Aeropath entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from a) Your access to or use of or inability to access or use the Service; or b) Any content obtained from the service.

This Limitation may not apply to you within jurisdictions which do not allow the exclusion or limitation of liability for consequential or incidental damages.

10. Aeropath Use

1. Aeropath is a non-certified application licensed exclusively to you as a Pilot’s Aid for use strictly in an advisory or familiarity capacity; its use is strictly at your sole discretion. It may not be considered a sole or primary source of flight information and may not be used in this manner. It is in no way intended for nor is it suitable for use as a Primary Flight Guidance system, and its use in such circumstances is expressly prohibited by the Terms Of Service as well as applicable aviation law.
2. No warranty of any kind is made as to the accuracy or currency of any data contained in the Service. No warranty of any kind is made as to the performance of the computer device or devices in use or any associated services delivering data to or from the computer device or the Service.
3. While we endeavor to keep the information and data up to date and correct, we make no representations or warranties of any kind, express or implied, as to the completeness, accuracy, reliability, suitability or availability with respect to the Service or a customer’s perceived application, products, services, or related applications for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

11. General

• You are required to create a unique Aeropath ID Account with Aeropath for the purpose of identification, subscription currency, payment, update and upgrade alerts and offers, renewal of subscriptions, refunds, and product support. This Account ID is required to participate in any of the functions listed above, subject to Privacy rules as outlined.
• Service updates may be offered to you by Aeropath, Inc. with additional or different terms but Aeropath, Inc. has no obligation to provide any updates except as specified in the terms of the Aeropath Subscription.
• Aeropath guarantees availability of airport communications data updates provided monthly per the terms of the Aeropath Subscription agreement. Updates are provided on a “best efforts” basis.
• Aeropath Communications data relies on timely delivery of FAA data. In the event that this flow of data is interrupted for any reason, you agree to hold Aeropath harmless for any related inconvenience, liability, or perceived damage.
• This License is the entire agreement between you and Aeropath Inc. and supersedes any prior representations, undertakings or advertising relating to the Service. You acknowledge that in entering into this License agreement you have not relied on any statement, representation, advertising, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this License.
• These terms are subject to change without notice. Visit our site www.aero-path.com and download the most recent End User License Agreement.

By proceeding with this transaction and clicking ACCEPT you acknowledge and agree without condition to the terms of this license agreement.

12. Governing Law

Aeropath, Inc. Terms Of Service (EULA) shall be governed by the laws of the State of Florida.

Copyright © 2019, Aeropath, Inc., All rights reserved. Any rights not expressly granted herein are reserved.

Aeropath® is a Registered Trademark and may not be used in any capacity without express permission granted by Aeropath, Inc.