Last Revised January 21, 2020

END USER LICENSE AGREEMENT

This FlightCoach Terms of Use and End User Licensing Agreement (“EULA”) is a binding contract between you and Choreo Holdings LLC dba Choreo Electronics and its affiliates (“we,” “our,” or “us”) governing your use of the products made by Choreo Electronics, including, but not limited to, the FlightCoach situational awareness trainer, the website interface, and other products and services (collectively and individually, “product”) provided by us. The software and services are licensed to you and not sold.

Acceptance

BY USING ANY OF OUR PRODUCTS OR ACCESSING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA, INCLUDING THE WARRANTY DISCLAIMERS,  INDEMNITY, LIMITATION OF LIABILITY PROVISIONS, AND ALL TERMS BELOW. IF YOU ARE USING THE PRODUCTS ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, THEN YOU REPRESENT AND WARRANT THAT YOU: (A) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND THAT ENTITY TO THIS EULA; AND (B) AGREE TO BE BOUND BY THIS EULA ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO ALL TERMS, THEN YOU MAY NOT USE THE PRODUCTS. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT USE, INSTALL, OR ACCESS ANY PRODUCTS OR SERVICES FROM US.

Product Overview

The product includes various aviation-related services including web-based data collection and retrieval. The FlightCoach Situational Awareness Trainer is an electronic device that notifies pilots of low cockpit noise and accelerations divergent from the force of gravity. The device does not provide primary flight information and may not be relied on for any flight-critical information.

Eligibility

You must be at least 18 years of age to use the product. By agreeing to this EULA, you represent and warrant that you are at least 18 years of age, competent, and legally entitled to enter into this EULA.

License Grant

This agreement entitles you to use one copy of the FlightCoach Situational Awareness Trainer and to access the website associated with the product. The software and services are licensed, not sold, to you for use only under the terms of this EULA. All rights not expressly granted are reserved by us. This agreement does not permit use of the software on any other device. This EULA governs any updates provided by us unless the update is accompanied by a separate license or revised EULA.

Registration

You agree to register for an account to submit data to us for analysis. Registration requires a valid email address and contact information. When you register, you will be asked to provide a password. You agree to keep the password confidential and you accept responsibility for all activities that occur under your account. If you have reason to believe your account is no longer secure, you will notify us immediately.

Consent to Use of Data

We collect technical data from devices in order to improve our services and to provide leaderboard information to other users. Data includes technical information transmitted by your devices and hardware you use to connect to our service, your physical location, usage time, and other data about your flights. We may use this information, as long as it is in a form that does not personally identify you, for analytical purposes, including aggregated and anonymized analytics, to improve our products and services, or to provide services to you. Data and communications are transferred on third-party services, like cell services and internet providers, that may incur costs to you. If you would like all of your personal data removed or to receive a copy of it, contact us at the address below.

User Contributions

We ask for feedback about the product and other services we may supply. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, transferrable, fully-paid, royalty-free right to exploit the feedback in any manner and for any purpose. You represent and warrant that you have full rights to disclose anything expressed to us and that disclosure does not infringe or violate any intellectual property rights of any third-party. You acknowledge we may use your feedback to improve our products and services, to advertise or market our products, and to describe our products to others.

Restrictions on Transfer

Without first obtaining written permission from us, you may not assign your rights and obligations under this agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the products and services provided by us.

Restrictions on Use

You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or object code on the products or of the services. You may not use the data created by the software or transmitted to you by the services with any software other than that provided by us.

Restrictions on Alteration

You may not modify the software or product or create any derivative work of the copyrightable portion of the products and services. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the software nor alter any part of the hardware of the product. You may not reproduce the database portion or create any tables or reports relating to the database portion.

Restrictions on Copying

You may not copy any part of the product except to the extent that licensed use inherently requires.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY US, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. THE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. WE MAKE NO WARRANTY THAT OPERATION OF THE PRODUCT WILL BE SECURE, ERROR-FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE PRODUCT TO MEET YOUR REQUIREMENTS. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY LOSS DUE TO THE USE OR MISUSE OF THE PRODUCT.

THIS PRODUCT IS NOT INTENDED FOR USE IN THE OPERATION OF ANY EQUIPMENT IN WHICH THE FAILURE OF THE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE. YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN FROM US OR THE PRODUCT WILL CREATE ANY WARRANTY REGARDING US THAT IN NOT EXPRESSLY STATED IN THIS EULA.

UNDER NO CIRCUMSTANCES SHALL CHOREO HOLDINGS LLC, ANY DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU, YOUR HEIRS, OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM FURNISHING, PERFORMACE, INSTALLATION, OR USE OF THE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF US OR ANY OTHER PARTY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS OUR ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitations of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement or subsequently inferred notwithstanding our disclaimer of any express or implied warranty is the correction or replacement of the product. Selection of whether to correct or replace shall be solely at the discretion of us. We reserve the right to substitute a functionally equivalent copy of the product as replacement.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by us to have been caused by you. All limited warranties on the product are granted only to you and are non-transferable. You agree to indemnify and hold harmless us, our licencors and suppliers of data, and their and our officers, directors, employees, consultants, affiliates, subsidiaries, suppliers, and agents from and against all claims, judgments, liabilities, expenses (including attorney’s fees), or costs incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, damage to aircraft or other objects, arising out of or in any way relating to: (1) your breach of this agreement, violation of any applicable law and/or acts or omissions; (2) your use of the product; (3) your violation of a property or privacy right; or (4) any dispute or issue between you and a third-party. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you without limiting your indemnification obligations with respect to the matter and you agree to cooperate with our defense of that claim.

Termination

We may terminate without notice the agreement for any breach of this EULA or for any other reason. We reserve the right to bring legal action against any individual or entity for any loss or damage that we may suffer as a result of violation of the terms of this EULA.

Governing Law, Jurisdiction, and Costs

This agreement is governed by the laws of Wisconsin, without regard to conflict or choice of law provisions that would result in the application of laws of another jurisdiction. You and we hereby waive, to the maximum extent permitted by applicable law, trial by jury in any proceeding in any court with respect to, in connection with or arising out of this EULA and any proceeding in any court with respect to the validity, protection, interpretation, collection, or enforcement of this EULA, whether purporting to be at law or in equity, and whether sounding in contract, tort, or otherwise. We operate all services and sell all products out of Madison, Wisconsin. We make no representation that the product is appropriate or available in other locations.

Severability

If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Notice Regarding the Experimental Aircraft Association (“EAA”)

If you learned of our product through the EAA, this section applies to you. You acknowledge that this EULA is between you and Choreo Electronics only, not with the EAA. The EAA is not responsible for the product or its content. The EAA has no obligation to furnish any services with respect to the product. If the product fails to conform to any applicable warranty, the EAA has no warranty obligation with respect to the product. The EAA is not responsible for addressing any claim by you or any third-party relating to the product including (1) product liability claims; (2) any claim that the product fails to conform to any legal or regulatory requirement; and (3) any claim arising under consumer protection or similar legislation. The EAA is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the product or your use of the product infringe a third-party’s intellectual rights. You agree to comply with any applicable third-party terms when using the product.

Contact Information

Choreo Electronics, LLC

713 Orton Ct.

Madison, WI 53703

 legal AT choreoelectronics.com