THIS TERMS OF SERVICE AGREEMENT CONTAINS THE FOLLOWING:
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.
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:
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.
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.
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:
Aeropath, Inc. shall not provide a refund of the payment for the Service in the following cases:
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).
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.
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.
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.
By proceeding with this transaction and clicking ACCEPT you acknowledge and agree without condition to the terms of this license agreement.
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.