THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BLACKBOX AVIATION SYSTEMS, LLC ("BLACKBOX"). PLEASE READ THE TERMS CAREFULLY. APPLE INC. IS NOT A PARTY TO THIS AGREEMENT. BLACKBOX, NOT APPLE, IS SOLELY RESPONSIBLE FOR THE DATA, SOFTWARE, AND THE CONTENT HEREOF. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE BLACKBOX SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "I AGREE" BUTTON. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE ANY PART OF THE SOFTWARE.
BlackBox reserves the right to modify this License at any time, so please review it frequently by visiting http://www.blackboxaviation.com/tou.html. Your continued use of our website, Software, and services will signify your acceptance of the changes to this License.
You agree that BlackBox and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, your physical location, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software. BlackBox may use this information, as long as it is in a form that does not personally identify you, to improve our products and customer service, or to provide services or technologies to you.
BlackBox has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, BlackBox does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BlackBox disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BlackBox.com links, and that link to www.blackboxaviation.com. BlackBox does not have any control over these websites and webpages, and is not responsible for their contents or their use. By linking to a non-BlackBox website or webpage, BlackBox does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BlackBox disclaims any responsibility for any harm resulting from your use of non-BlackBox websites and webpages.
As BlackBox asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BlackBox violates your copyright, you are encouraged to notify BlackBox in accordance with standard Digital Millennium Copyright Act ("DMCA") Policy. BlackBox will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of BlackBox or others, BlackBox may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, BlackBox will have no obligation to provide a refund of any amounts previously paid to BlackBox.
This License is effective until terminated. Your rights under this License will terminate automatically without notice if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. BlackBox reserves the right to modify, suspend, or discontinue the Software or services at any time with or without notice to you, and BlackBox will not be liable to you or to any third party should it exercise such rights.
THE SOFTWARE AND SERVICES PROVIDED BY BLACKBOX ARE NOT INTENDED TO REPLACE YOUR OWN BEST JUDGMENT. BLACKBOX IS NOT TO BE USED AS A SUBSTITUTE FOR GENERAL AVIATION PROCEDURES AND SAFETY PRECAUTIONS. BLACKBOX DOES NOT WARRANT THE MEDIA ON WHICH THE SOFTWARE IS RECORDED AND DELIVERED TO BE FREE OF DEFECTS, NOR DOES IT WARRANT THE COMPATIBILITY WITH THE SOFTWARE OR ANY THIRD PARTY PRODUCTS. Further, neither BlackBox nor Apple has any obligation whatsoever to furnish any maintenance or support services with respect to the Software. In the event of any failure of the Software to conform to any applicable warranty, your sole remedy is to notify BlackBox or Apple, and BlackBox or Apple will refund the purchase price of the Software to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the License Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BLACKBOX DOES NOT AND CANNOT WARRANT THE SERVICE, SOFTWARE, DATA, AND INFORMATION FOR ACCURACY, RELIABILITY, COMPLETENESS, SAFETY OR FITNESS FOR YOUR PARTICULAR PURPOSES.
YOU EXPRESSLY AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF BLACKBOX SOFTWARE OR SERVICES. BLACKBOX DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. BLACKBOX PROVIDES SOFTWARE AND SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR THE SOFTWARE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BLACKBOX WILL HAVE ADEQUATE CAPACITY FOR ITS PRODUCTS AND SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BLACKBOX ARISING OUT OF OR RELATING TO THE SOFTWARE OR SERVICES IS TO STOP USING THE SOFTWARE OR SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT BLACKBOX IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON BLACKBOX SERVICES OR USE OF BLACKBOX SOFTWARE. IN NO CASE SHALL BLACKBOX’S OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID FOR THE SOFTWARE OR SERVICES. IN NO CASE SHALL BLACKBOX BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF BLACKBOX SERVICES OR SOFTWARE. WHILE BLACKBOX USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, BLACKBOX ASSUMES NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY BLACKBOX SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BLACKBOX’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. BLACKBOX DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH BLACKBOX WEBSITES. THEREFORE, YOU UNDERSTAND AND AGREES THAT THE SERVICE AND SOFTWARE LICENSED HEREUNDER IS INTENDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES; THAT IT INCORPORATES INFORMATION PROVIDED BY THIRD PARTIES OVER WHICH BLACKBOX HAS NO CONTROL; AND THAT IN NO CASE IS IT INTENDED THAT ANY INFORMATION SUPPLIED BY BLACKBOX, WHETHER OR NOT OF ITS OWN CREATION, BE SUBSTITUTED FOR YOUR OWN CONFIRMATION OF INFORMATION THROUGH OFFICIAL SOURCES.
THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BLACKBOX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BLACKBOX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLACKBOX OR A BLACKBOX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BLACKBOX BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BLACKBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall BlackBox's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, and nuclear, chemical or biological weapons.
The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
If any portion or portions of this License may be held by a court of competent jurisdiction to conflict with any federal, state, or local law, and as a result such portion or portions are declared to be invalid and of no force or effect in such jurisdiction, all remaining provisions of this Release shall otherwise remain in full force and effect and be construed as if such invalid portion or portions had not been included herein.
This Release shall be governed in all respects, including the validity, interpretation and effect, by the laws of the State of Texas, without giving effect to the principles of conflict of laws of that state. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by BlackBox. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
Portions of the Software utilize or include third-party software, data, or other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for such respective software, data, or other copyrighted material, and your use of such material is governed by their respective terms and conditions.
YOU WILL INDEMNIFY AND HOLD BLACKBOX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS FROM AND AGAINST ALL CLAIMS AND LIABILITIES (INCLUDING CLAIMS BY THIRD PARTIES) AND COSTS AND EXPENSES (INCLUDING ALL ATTORNEYS FEES’) WITH RESPECT TO ANY CLAIMS OR SUITS OF WHATSOEVER KIND OR NATURE ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT; OR (II) YOUR USE OF THE SOFTWARE. SUCH INDEMNIFICATION INCLUDES ANY CLAIMS OR SUITS FOR INJURY TO OR DEATH OF ANY PERSON OR PERSONS, DAMAGE TO THE AIRCRAFT OF YOU OR ANY THIRD PARTY, WHETHER OR NOT ARISING IN TORT OR OCCASIONED BY THE NEGLIGENCE OF BLACKBOX. THE OBLIGATIONS UNDER THIS PROVISION SURVIVE THE EXPIRATION, TERMINATION, COMPLETION OR CANCELLATION OF THIS AGREEMENT.
YOU WILL INDEMNIFY AND HOLD BLACKBOX HARMLESS FROM ANY AND ALL CLAIMS RELATING TO INJURY TO OR DEATH TO ANY PERSON OR PERSONS, INCLUDING YOUR EMPLOYEES, IF ANY, INCLUDING ANY DAMAGE TO ANY AIRCRAFT, ARISING OUT OF OR IN ANY WAY RELATING TO BLACKBOX SOFTWARE AND SERVICES.
Apple Inc. and Apple's subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.
You represent and warrant that (i) you have read and understood, and that you agree to be bound by, this Agreement; (ii) you are at least 18 years old, (iii) 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 (iv) and you are not listed on any US Government list of prohibited or restricted parties.
BlackBox, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the License or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Any claims by you or by any third party relating to the Software or to your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation shall be directed to BlackBox, and not to Apple. Questions, complaints, or claims related to the Software should be directed to:BlackBox Aviation Systems, LLC
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.