Website and Products Standard Terms & Conditions

1.      Introduction. 

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions. 

In these Website Standard Terms and Conditions, " Licensor " means PAFAERO; " Licensee " means the person, firm, company, or corporation by whom the order is given. This guide is for familiarization purposes ONLY. 

This guide is not approved by the aircraft manufacturer or the FAA/CAA/JAA/EASA or Transport Canada or other authority and does not supersede, replace, or overrule the aircraft manufacturer's AOM, FCOM or another manual. 

2.      Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, PAFAERO and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. 

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website, 

3.      Restrictions. 
You are expressly and emphatically restricted from all of the following: 

1. publishing any Website material in any media; 

2. selling, sublicensing and/or otherwise commercializing any Website material; 

3. publicly performing and/or showing any Website material; 

4. using this Website in any way that is, or may be, damaging to this Website; 

5. using this Website in any way that impacts user access to this Website; 

6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; 

7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

8. using this Website to engage in any advertising or marketing; 

Certain areas of this Website are restricted from access by you and PAFAERO may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information. 

4.      Your Content.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant PAFAERO a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. 

Your Content must be your own and must not be infringing on any third party’s rights. PAFAERO reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5.      No warranties. 
This Website is provided “as is,” with all faults, and PAFAERO makes no express or implied representations or warranties, of any kind related to this Website or the materials contained and sold on this Website. Additionally, nothing contained or sold on this Website shall be construed as providing consult or advice to you. 

6.      Limitation of liability.
In no event shall PAFAERO, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and PAFAERO, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. 

7.      Licence.
7.1     The Licensor hereby grants to the Licensee from [the date of supply of the Software to the Licensee][ until [the end of the Term]] a [worldwide, non-exclusive] licence to: 
(a)      [install[[ a single instance] of] the Software]; 
(b)      [use[[ a single instance] of] the Software[ in accordance with the Documentation]];            
subject to the limitations and prohibitions set out and referred to in this Clause 5. 

7.2     The Licensee may not sub-license and must not purport to sub-license any rights granted under Clause 5.1[ without the prior written consent of the Licensor]. 

7.3     The licence granted by the Licensor to the Licensee in Clause 5.1 is subject to the limitations regarding [the number of installations, the identity of users and the number of concurrent users]. 

7.4     The Software may only be used by [the officers and employees of the Licensee, and the officers and employees of the Licensee's agents, subcontractors, customers, clients, suppliers and service providers] under de consent of the Licensor. 

7.5   Save to the extent expressly permitted by this Agreement or required by applicable law on a non-excludable basis, any licence granted under this Clause 5 shall be subject to the following prohibitions: 
(a)      [the Licensee must not [sell, resell, rent, lease, loan, supply, publish, distribute or redistribute] the Software]; 
(b)      [the Licensee must not alter, edit or adapt the Software]; and 
(c)      [the Licensee must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software]. 

7.6   The Licensee shall be responsible for the security of copies of the Software supplied to the Licensee under this Agreement [ (or created from such copies)] and shall use all reasonable endeavors (including all reasonable security measures) to ensure that access to such copies is restricted to persons authorized to use them under this Agreement. 

8.      No assignment of Intellectual Property Rights.
Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the Licensee, or from the Licensee to the Licensor.    

9.      Indemnification. 
You hereby indemnify to the fullest extent PAFAERO from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

10.  Severability.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. 

11.  Variation of Terms. 
PAFAERO is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website. 

12.  Assignment. 
PAFAERO shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. 

13.  Entire Agreement. 
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between PAFAERO and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same. 

14.  Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of Portugal and you submit to the non-exclusive jurisdiction of the state and federal courts located in Lisbon for the resolution of any disputes.   

15.  License Agreement  
All PAFAERO's products must be used for TRAINIGN / DEMONSTRATION (as applicable) PURPOSES ONY. Under no circumstances shall this product be used as a reference. It shall not be issued for training of third parties without prior explicitly written authorization by PAFAERO. All certificates emitted by PAFAERO shall never be used for commercial operation and as a reference if not validated for the third parties and accepted by PAFAERO.    

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