Summary - this summary does not form part of the legal EULA which is given below but gives you an idea of its content. In essence, the software is supplied 'as is', it is a single user license for personal use, it is not to be used for training others nor used to develop any training material. Other types of license are available for training / corporate use, just contact us and we will gladly discuss your requirements. All support is provided by email and remember we have a 14 day '100% Happy Satisfaction' guarantee or a full refund*. We will also provide free license transfer* to Mac OSX.

 

* Instructions will be provided how to correctly de-install the software on the current operating system. This will generate a unique de-installed code. With this code we can then issue a refund under the 14 day '100% Happy Satisfaction' guarantee or generate a new license for Mac OSX.

 

 

END USER LICENSE AGREEMENT (EULA) FOR www.737cbt.co.uk SOFTWARE

 

IMPORTANT- READ CAREFULLY - 'The legal bit......'

 

Be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA"). Use of this product constitutes your acceptance of these terms and conditions and your agreement to abide by them.

 

This EULA is a legal agreement between you (either an individual or a single entity) and www.737cbt.co.uk for the software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE.

 

SOFTWARE PRODUCT LICENSE

 

BETWEEN: www.737cbt.co.uk / DRIAG (and its subsidiaries),  hereinafter referred to as "www.737cbt.co.uk "   AND:  Licensee

 

Agreement for this SOFTWARE

Copyright©  www.737cbt.co.uk

 

General Conditions

This software aims to provide a general, non-specific overview of an airplane system, it may not be correct, current nor relevant and is not approved, therefore must not be used operationally. When operating the aircraft you are responsible for following the approved documents and procedures.  www.737cbt.co.uk hereby disclaims any liability for loss, damage or injury suffered by any person for failure to comply with such approved documents and procedures for the airplane. This software is for training purposes only. Do not use it to maintain or operate an airplane, instead refer to the applicable approved manuals.

 

Licensed Product and Rights to Use

This is a legal agreement between www.737cbt.co.uk  (the “LICENSOR“) and you (the “LICENSEE“). It governs the licensee's right to use the software (the “SOFTWARE”). This Licence is also protected by copyright law. The Licensor grants the Licensee the limited, worldwide, non-exclusive, non-transferable, nonsublicensable right to use the SOFTWARE. The license only includes the current latest version of the software, but extends to minor upgrades which include bug fixes, but not including the next major version of the SOFTWARE. This right is subject to the following conditions and limitations. Each individual user, company, agency or institution that uses this SOFTWARE have to pay the license, one per each computer or a general site licence on which the program is used. You may not rent or lease or lend the SOFTWARE. It is a single-user licence for the Licensee and is not to be used for teaching others (this requires a separate licence).  If this SOFTWARE contains documentation which is provided only in electronic form, you may print a copy of such electronic documentation for your personal use. The software MUST NOT be used in part or whole for teaching or to generate ANY kind of teaching material e.g. printed, electronic, video etc. unless previously agreed with www.737cbt.co.uk.

 

The Licensee pays a License fee to the Licensor. After running the installation program and supplying the required 'codes' the licensed user will receive a unique identification number (user code) which will be embedded in each protected program together with user personal data (e.g. First name and Last name or Company name) and may use the SOFTWARE as defined in this Agreement.  Only information concerning the identity of the user, his computer and informations about the installed software and used software license is collected for this process of installation. This SOFTWARE may contain an automatic online update / checking  feature through which the software connects itself with www.737cbt.co.uk , on www.737cbt.co.uk servers.The software may automatically connect and register itself with www.737cbt.co.uk when there is an internet connection. This process may be done entirely in the background and no dialogs or other data is displayed on your computer screen during this process.

 

After installation the software will be license restricted (e.g. 1 year license) depending upon the type of license you purchased. After your license has expired the software will cease to function and you will need to contact www.737cbt.co.uk to purchase a new license.

 

Ownership of Software

The Software is licensed and not sold. The Software is owned by the Licensor. The Licensor retains all rights, including all copyrights and intellectual property rights in and to the Software, its documentation, title, logos, data files and all copies thereof. All rights not explicitly granted to the Licensee in this License are reserved by the Licensor. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

 

Disclaimer of Warranty

www.737cbt.co.uk  AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

 

Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL www.737cbt.co.uk  OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF  www.737cbt.co.uk OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

Update Mechanism

www.737cbt.co.uk reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE or such upgrade and to optionally charge for such replacement, modification or upgrade. Software replacements, modifications and upgrades are governed by the www.737cbt.co.uk policies and programs described in the user manual, in "online" documentation, and/or other www.737cbt.co.uk provided materials. Any such replacement or modified software code or upgrade to the SOFTWARE offered to you by www.737cbt.co.uk shall be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE). In the event that www.737cbt.co.uk offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superceding EULA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.

 

Reverse Engineering

The Licensee is not entitled to reverse-engineer, decompile or modify the licenced software under this agreement.

 

Termination

Without prejudice to any other rights, www.737cbt.co.uk may terminate this EULA if you fail to comply with the terms and conditions of this EULA.  www.737cbt.co.uk may terminate this EULA by offering you a superceding EULA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, www.737cbt.co.uk may terminate this EULA by notifying you that your continued use of the SOFTWARE is prohibited. In the event that www.737cbt.co.uk terminates this EULA, you must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts. This License Agreement will be automatically cancelled without any notice should the Licensee become insolvent, bankrupt, or make an assignment for the benefit of its creditors, if an order of sequestration or liquidation is made against the Licensee or if the Licensee tries to take advantage of any statute relating to insolvency, bankruptcy or arrangements with creditors.

 

Support

This license does not include support services, although the Licensor can decide to offer the Licensee prioritized support via email. Repeated voluntary provision of support services by the Licensor does not constitute a claim for future provision of support services for the Licensee. Use of support services, if any, is governed by the www.737cbt.co.uk policies and programs described in the user manual, in "online" documentation, and/or other www.737cbt.co.uk provided materials. Any supplemental software code provided to you as a part of support services shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to technical information you provide to www.737cbt.co.uk as part of the support services, www.737cbt.co.uk may use such information for its business purposes, including for product support and development. www.737cbt.co.uk will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.

 

Jurisdiction and Choice of Law

Insofar as not otherwise agreed, this Agreement shall be governed exclusively by UK law. UK law shall also be applied in case of the Licensee being located outside of the UK. The Licensee expressly agrees that exclusive jurisdiction for any claim or dispute with the Licensor linked in any way to the Licensee's use of the Software and/or Documentation resides in the competent court in the city of Manchester, UK.

 

Severability

Should individual terms of this agreement be or become inoperative, this will not affect the remaining terms of this agreement. The Licensor and Licensee will work in a spirit of partnership to find an arrangement that approximates the inoperative terms as closely as possible.

 

Non-Disparagement Clause

In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of this sales contract and/or trial version without a sales contract prohibits you from taking any action that negatively impacts www.737cbt.co.uk, its reputation, products, services, management or employees. Should you violate this clause, as determined by www.737cbt.co.uk in its sole discretion, you will be provided a seventy-two (72) hour opportunity to retract the content in question. If the content remains, in whole or in part, you may become liable for legal fees and court costs as determined by litigation.

 

Liability

Notwithstanding any other provisions of this Agreement, the liability of www.737cbt.co.uk to the Licensee under any legal theory will not be higher than the amount paid by the Licensee for the Software License.

 

Limitation and Release of Liability

To the full extent allowed by law, YOU HEREBY RELEASE www.737cbt.co.uk  AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the SOFTWARE.

 

14 day '100% Happy Satisfaction' Guarantee

We want you fully satisfied with the product thus we will give a no quibble 100% refund if you are not happy within the initial 14 day period after us emailing your activation code. This guarantee is subject to you following our instructions on how to correctly de-install the software on the current operating system. This will generate a unique de-installed code. With this code we can then issue a refund under the 14 day '100% Happy Satisfaction' guarantee.

 

Agreement

This Agreement constitutes an agreement between the parties and supersedes and cancels all prior discussions, representations, understandings or agreements whether verbal or written, between the parties hereto or their agents, with respect to or in connection with any of the matters or things to which this Agreement applies or refers to.