Tybee Jet Corporation End User Software License Agreement
You should carefully read the following terms and conditions before using this
product. It contains software, the use of which is licensed by Tybee Jet
Corporation ("Tybee Jet") to its customers for their use only as set forth
below. If you do not agree to the terms and conditions of this agreement, do
not use the software. Using any part of the software represents an
acknowledgement that you accept these terms.
LICENSE:
In consideration of Tybee Jet granting you a nonexclusive license to
use the accompanying software program(s) (the "Software"), you agree to be
subject to the terms and restrictions to be set forth in this License
Agreement. You are not permitted to lease, rent, distribute, or sublicense the
Software, or to use the Software in a time-sharing arrangement, or in any other
unauthorized manner. Further, no license is granted to you in the human
readable code of the Software (source code). Except as provided below, this
License Agreement does not grant you any rights to patents, copyrights, trade
secrets, trademarks, or any other rights in respect to the Software.
The Software is licensed for use in support of a single airplane, by serial
number. An additional license must be purchased for each aircraft to be
supported. You may use the Software on any workstation or any network server
owned by or leased to you, provided that the Software is used only in support
of one aircraft per license purchased by you. You may reproduce and provide
one (1) copy of the Software and supporting documentation for each such
workstation or network server on which the Software is used as permitted
hereunder. Otherwise, the Software and supporting documentation may be copied
only as essential for backup or archive purposes in support of your use of the
Software as permitted hereunder. You must reproduce and include all copyright
notices and any other proprietary rights notices appearing on the Software and
the supporting documentation on any copies that you make.
TITLE:
All title and copyrights to the Software (including any images,
photographs, animations, video, audio, and texts incorporated into the
software), the accompanying printed materials, and any copies of the software,
are owned by Tybee Jet. You may not copy the printed materials accompanying
the Software, except as permitted in this License Agreement.
NO ASSIGNMENT:
You may not transfer or assign the Software and/or this License
Agreement to another party without the prior written consent of Tybee Jet. If
such consent is given and you transfer or assign the Software and/or this
License Agreement, then you must at the same time either transfer any copies of
the Software as well as the supporting documentation to the same party or
destroy any such materials not transferred. Except as set forth above, you may
not transfer or assign the Software or your rights under this License
Agreement.
NO REVERSE ENGINEERING:
Modification, reverse engineering, reverse compiling,
or disassembly of the Software is expressly prohibited. However, if you are a
European Community ("EC") resident, information necessary to achieve
interoperability of the Software with other programs within the meaning of the
U.K. Copyright (Computer Program) Regulations 1992 implementing the EC
Directive on the Legal Protection of Computer Programs is available to you from
Tybee Jet upon written request.
EXPORT RESTRICTIONS:
You agree that you will not export or re-export the
Software or accompanying documentation (or any copies thereof) or any products
utilizing the Software or such documentation in violation of any applicable
laws or regulations of the United States or the country in which you obtained
them.
TRADE SECRETS:
You acknowledge and agree that the structure, sequence, and
organization of the Software are the valuable trade secrets of Tybee Jet and
its suppliers. You agree to hold such trade secrets in confidence.
UNITED STATES GOVERNMENT LEGENDS:
For units of the Department of Defense:
The Software is commercial computer software as defined in 48 CFR 211 and
therefore is provided to units of the Department of Defense under the terms of
this License Agreement, which is Tybee Jet's standard commercial agreement for
the Software. In the alternative, if 48 CFR 211 is not invoked, the Software
is licensed as follows: Restricted Rights Legend: Use, duplication, or
disclosure by the United States Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights to Technical Data and Computer
Software Clause of 48 CFR 52.227-7013. Tybee Jet Corporation, 644 Logwood Briar Circle, Brentwood, TN USA 37027.
For civilian agencies:
Restricted Rights Legend: Use, reproduction, or disclosure is subject to
restrictions set forth in subparagraph (a) through (d) of the Commercial
Computer Software - Restricted Rights clause of 48 CFR 52.227-19 and the
limitations set forth in Tybee Jet's standard commercial agreement for the
Software. Unpublished rights reserved under the copyright laws of the United
States.
TERM AND TERMINATION:
This license will expire one (1) year from the
effectivity date of the first release of the Software which you receive as part
of your annual subscription to updates, if it is not earlier terminated. It
may be renewed annually, for a period of 1 year, by subscription. You may
terminate it at any time by destroying the Software and documentation together
with all copies and merged portions in any form. It will also terminate
immediately if you fail to comply with any term or condition of this License
Agreement. Upon such termination, you agree to destroy the Software and
documentation, together with all copies and merged portions in any form.
GOVERNING LAW:
This License Agreement shall be governed by the laws of the
State of Georgia as such laws are applied to agreements entered into and to be
performed entirely within Georgia between Georgia residents and by the laws of
the United States. You agree that the United Nations Convention on Contracts
for the International Sale of Goods (1980) is hereby excluded.
USE IN AIRCRAFT OPERATIONS:
The Software is provided as an alternative to
manual calculations based on the content of the Airplane Flight Manual and
supporting documents. Every effort has been made to ensure that the Software
accurately reproduces these computations. HOWEVER, IT REMAINS THE SOLE
RESPONSIBILITY OF THE PILOT IN COMMAND TO OPERATE THE AIRPLANE WITHIN THE
RESTRICTIONS OF 14 CFR 91, 14 CFR 135, OR 14 CFR 121, AS APPLICABLE, REGARDLESS
OF THE ACCURACY OF THE RESULTS OF COMPUTATIONS PERFORMED BY THE SOFTWARE.
LIMITED WARRANTY:
Tybee Jet warrants the physical media and physical
documentation provided by Tybee Jet to be free of defects in materials and
workmanship for a period of ninety (90) days from the original purchase date.
If Tybee Jet receives notification within the warranty period of defects in
materials or workmanship, and determines that such notification is correct,
Tybee Jet will replace the defective media or documentation. The entire and
exclusive liability and remedy for breach of this limited warranty shall be
limited to replacement of defective media or documentation and shall not
include or extend to any claim for or right to recover any other damages,
including but not limited to, loss of profit, data, or use of the software or
special, incidental or consequential damages, or other similar claims, even if
Tybee Jet has been specifically advised of the possibility of such damages. In
no event will Tybee Jet's liability for any damages to you or any other person
ever exceed the lower of the list price or the actual price paid for the
package or the license to use the software, regardless of the form of the
claim.
TYBEE JET SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALL OTHER IMPLIED TERMS ARE EXCLUDED.
Specifically, Tybee Jet makes no representation or warranty that the software
or documentation are "error-free", or meet any user's particular standards,
requirements, or needs. In all events, any implied warranty, representation,
condition, or other term is limited to the physical media and documentation and
is limited to the 90-day duration of the limited warranty.
Tybee Jet assumes the responsibility of accurately processing the FAA airport
database from the format in which it is delivered by FAA into the
format that is used by the Software. HOWEVER, TYBEE JET MAKES NO WARRANTY,
WHETHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE AIRPORT DATABASE,
INCLUDING WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL TYBEE JET BE LIABLE FOR INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR OTHER DAMAGES FROM ALLEGED NEGLIGENCE, BREACH OF WARRANTY,
STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF THE USE OF THE FAA
AIRPORT DATABASE.
SEVERABILITY:
In the event any provision of this License Agreement is found to
be invalid, illegal, or unenforceable, the validity, legality, and
enforceability of any of the remaining provisions shall not in any way be
affected or impaired and a valid, legal, and enforceable provision of similar
intent and economic impact shall be substituted therefor.
ENTIRE AGREEMENT:
This License Agreement sets forth the entire understanding
and agreement between you and Tybee Jet, and may be amended only in writing,
signed by both parties.
Tybee Jet Corporation
644 Logwood Briar Circle
Brentwood, TN USA 37027
(615) 308-7216
Back to the Tybee Jet Home Page
Updated 22 October 2007.