I. TERMS AND CONDITIONS.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.  BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AT ALL TIMES.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS WEBSITE, THE SOFTWARE CONTAINED THEREIN, OR ANY OF ITS PAGES.

II. LICENSE GRANTED

  1. EcFlight.me, Inc.’s (hereinafter “Licensor) software and application(s) are licensed, not sold, to you.  Your license to the software or application is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided.
  2. Your license to any EcFlight.me App under this Standard EULA or Custom EULA is granted by Licensor, and your license to any Third-Party Software or Application under this Standard EULA or Custom EULA is granted by the Application Provider of that Third-Party App.
  3. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.”  Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
  4. EcFlight is an LMS (Learning Management System) running on Moodle (an open-source software) that is currently not approved by the Federal Aviation Administration (FAA).  The software is intended to be used as a training tool and not as a replacement for any training or manual approved by the FAA.  All source materials for the Software are derived FAA manuals and other sources.

III. SCOPE OF LICENSE

  1. Licensor grants to you a nontransferable license to use the Licensed Software and Application on any EcFlight.me-branded products that you own or control and as permitted by the Usage Rules.
  2. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application unless such upgrade is accompanied by a Custom EULA.
  3. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.
  4. You may not transfer, redistribute or sublicense the Licensed Application and if you sell a device with the EcFlight.me INC software or its applications to a third party, you must remove the Licensed Software and/or Application from the device before doing so.
  5. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Software or Application, any updates, or any part thereof[1].
  6. Licensor is not responsible for the loss of the Licensee’s data.
  7.  The information contained in the software is mostly based on FAA authored or approved manuals. 
  8. All videos, animation or content titled or named “EcFlight” is the property of Licensor and therefore Licensee shall not distribute it without Licensor’s written consent.
  9. The Licensee(s) may not share their EcFlight.me INC account with any other person or entity.
  10. All user accounts and the corresponding license to use the Software or its Application are subject to 12-month term expiration.  However, Licensor reserves the right to cancel any course anytime if the Licensee does not comply with the terms and conditions of the Agreement.
  11. Licensees may maintain hard copies of any information or data contained in the software, regardless of its form, to ensure its preservation.
  12. Licensor will, from time to time, update the Software and its related application(s).  However, Licensor is not responsible for software, application or content errors.  Licensee will promptly report to the Licensor’s customer support team the discovery of any errors or loss of data.

[1] Except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included with the Licensed Software of Application

IV. CONSENT TO USE OF DATA

  1. You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, 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 Licensed Application.   Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

V. TERMINATION

  1. This Standard EULA is effective until terminated by you or Licensor.  Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. 

VI. EXTERNAL SERVICES

  1. The Licensed Software and application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”).  You agree to use the External Services at your sole risk.
  2. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services.
  3. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents.
  4. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party.
  5. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use.
  6. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.
  7. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

VI. EXTERNAL SERVICES

  1. The Licensed Software and application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”).  You agree to use the External Services at your sole risk.
  2. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services.
  3. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents.
  4. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party.
  5. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use.
  6. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.
  7. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

VII. NO WARRANTY

  1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SOFTWARE OR APPLICATION IS AT YOUR SOLE RISK.
  2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE OR APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SOFTWARE OR APPLICATION AND ANY SERVICES, 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
  3. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES 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.

VIII. LIMITATION OF LIABILITY

  1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR 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 OF OR INABILITY TO USE THE LICENSED SOFTWARE OR APPLICATION, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. 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.
  3. In no event shall Licensor’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.

IX. EXPORT RESTRICTION

  1. You may not use or otherwise export or re-export the Licensed Software or Application except as authorized by the laws of the United States of America and the laws of the jurisdiction in which the Licensed Application was obtained.
  2. In particular, but without limitation, the Licensed Software or Application may not be exported or re-exported:
    1. into any U.S. embargoed countries or
    2. to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List
  3. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list.
  4. 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 a nuclear, missile, or chemical or biological weapons.

X. RESTRICTIONS ON SALE OR TRANSFER

  1. The Licensed Application 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.
  2. 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.
  3. Unpublished-rights reserved under the copyright laws of the United States.

XI. DISPUTE RESOLUTION, CHOICE OF LAW AND FORUM

  1. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and EcFlight.me shall be governed by the laws of the State of Florida, excluding its conflicts of law provisions.
  2. You and EcFlight.me agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Miami Dade County, Florida, to resolve any dispute or claim arising from this Agreement.
  3. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
    1. If you are a citizen and resident of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
    2. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
    3. In the event of litigation relating to the subject matter of this Agreement, the prevailing party shall be entitled to receive from the other party its reasonable attorneys’ fees and costs.  The prevailing party shall be determined based upon an assessment of which party’s arguments or positions could fairly be said to have prevailed over the other party’s arguments or positions on major disputed issues in the arbitration or at trial.  Such an assessment should include evaluation of the following: 
      1. the amount of the net recovery;
      2. the primary issues disputed by the parties;
      3. whether the amount of the award comprises a significant percentage of the amount sought by the claimant; and
      4. the most recent settlement positions of the parties.

XII. INDEMNIFICATION AND LIMITATION OF LIABILITY

  1. Licensee agrees to indemnify and hold Licensor harmless from and against all loss, cost, expense or liability (including reasonable attorney’s fees) arising out of a claim by a third party against Licensor based upon Licensee’s use of the Software or application.
  2. Licensee agrees to indemnify and hold Licensor harmless from any loss or damages to Licensor related to, or associated with Licensee’s customizations, syllabus, training records, logos, training sequence, updates and/or corrections to the Software and application.  Software, and customizations, updates or corrections will remain the property of Licensor.  However, any private content added by Licensee to the Software and application, or content bearing Licensee’s name will remain the property of the Licensee.
  3. Licensee agrees to indemnify and hold Licensee harmless, and defend at its expense, any action brought against Nationwide, its officers, directors, employees, shareholders, legal representatives, agents, successors and assigns (“Nationwide Indemnified Parties”) to the extent that it is based on a claim that the customizations, updates and/or corrections developed by Licensee infringe any intellectual property rights of any third parties.
  4. Licensor shall have no liability to Licensee for any damage sustained by the Licensee as a result of Licensee’s use of the Software, whether such damages would arise as a result of a breach of contract, tort or otherwise. The licensee has tested the Software and application and relies on its own judgment in utilizing it.
  5. Licensor warrants that the use of the initially provided Software will not infringe any patent, copyright, or trademark in the United States or elsewhere and Licensor shall indemnify and hold Licensee harmless against any and all losses, damages and expenses, (including attorney’s fees and other costs of defending any infringement action) which Licensee may sustain or incur as a result of a breach of this warranty.
  6. Obligations set forth herein are contingent upon the other party:
    1. Providing the indemnifying party with prompt written notice of any action brought against the other party; and
    2. The other party cooperating with the indemnifying party in the defense of any such action, and allowing the indemnifying party to control the defense and settlement of any such action at its expense;
  7. Licensor will not be responsible for the loss of Licensee’s or users’ data.  The licensee will maintain a hard copy progress report for each user.
  8. Licensor shall have no obligation to defend any action or indemnify Licensee from damage if:
    1. Licensee, in providing customizations, updates and/or corrections to the Software, infringes upon the intellectual property of any third party.
    2. The licensee is not using the most current version of the Software and the action would have been avoided without such combined use.
    3. Licensee has modified the Software in combination with other Software and the action would have been avoided without such combined use.
    4. The licensee is using the Software in combination with other Software and the action would have been avoided without such combined use.

XIII. FORCE MAJEURE

  1. Licensor shall be excused from failures or delays in delivery or performance hereunder if such failure or delay is attributable to causes beyond the reasonable control of the party, which makes such performance or delivery commercially impractical. In the event of any such delay, the time of delivery or performance and time of payment shall be extended for a period of time equal to the time lost by reason of such delay (unless otherwise specified in writing between the parties hereto).

XIV COMPLETE AGREEMENT

  1. This Agreement constitutes the complete and exclusive statement of this agreement between the parties hereto and supersedes any and all prior express implied agreements or understandings between the parties hereto concerning the subject matter hereof.  No amendment, waiver or other alteration of this Agreement may be made except by mutual agreement in writing.
  2. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected thereby and the parties shall negotiate replacement provisions for those provisions which are held invalid, illegal or unenforceable which as closely as possible express the intent of those provisions.
  3. This Agreement and each party’s obligations shall be binding on the representatives, assigns, and successors of such party.  Use of the Software or its Application shall constitute acceptance of the terms of this EULA.