Version 1.0, effective as of August 1st, 2019
THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR DEVICE, OR OTHERWISE USING FLIGHT READER, YOU ARE BECOMING A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL
CAPACITY TO ENTER INTO SUCH AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.
1.1. "Flight Reader" or "We" means Flight Reader, having its principal place of business at 4075 Linglestown Road, PMB #333, Harrisburg, PA 17112, United States.
1.2. "User" or "You" means the individual given the right to use a Product in accordance with this Agreement. For the avoidance of doubt, User is a natural person and not a
corporation, company, partnership or association, or other entity or organization.
1.3. "Product Holder" means the sole proprietor or legal entity specified in the Subscription Confirmation. For legal entities, "Product Holder" includes any entity which controls, is
controlled by, or is under common control with Product Holder. For the purposes of this definition, "control" means (i) the power, directly or indirectly, to direct or manage such
entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2.1. "Agreement" means this Flight Reader User Agreement covering use of the Product by individual Users.
2.2. "Product" means any generally available Flight Reader software product, irrespective of
whether any such software (i) may or may not be covered by a subscription or (ii) is or is not provided perpetually and/or for free. For the avoidance of doubt, the Product
is not produced to the specifications of the User nor customized through modification or personalization, and is intended for mass distribution.
2.3. "Client" means a computer device used by User for running Product(s).
2.4. "Product Version" means a release, update, or upgrade of a particular Product that is not identified by Flight Reader as being made for the purpose of fixing software bugs.
2.5. "Bug Fix Update" for a particular Product Version means a software update or release that is specifically identified by Flight Reader as an update or release for the purposes of
fixing software bugs in that Product Version.
2.6. "Flight Reader Website" means any website that is the property of Flight Reader, including but not limited to everything hosted under the top-level domain flightreader.com.
2.7. "Redistributable Product" means an independent module of the Product or the Product as a whole designed to be redistributed and designated by Flight Reader as "Redistributable" in
its name or in its official description.
2.8 "Subscription" is a specification which may or may not accompany a Product, and which describes the subscription term, Products provided to Product Holder, subscription fees, and payment
schedules issued to Product Holder.
2.9. "Subscription Confirmation" means an email confirming Product Holder's rights to access and use Products (excl. Redistributable Products), including subscription plans, and
the number of authorized Users.
2.10. "Personal Data" means any information relating to an identified or identifiable natural person.
3.1. Unless the Subscription has expired or this Agreement is terminated in accordance with Section 10, and subject to the terms and conditions specified herein, Flight Reader grants
You a non-exclusive and non-transferable right to use each Product covered by the Subscription as follows:
(A) You may:
(i) Use any version of the Product(s) on any number of Clients and on any operating system supported by the Product(s); and
(ii) Make one backup copy of the Product(s) solely for archival/security backup purposes.
(B) You may not:
(i) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product(s) or data produced by the Product(s);
(ii) Provide access to the Product(s) or Your Flight Reader Account or right to use the Product(s) to a third party;
(iii) Reverse-engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product(s); or
(iv) Remove or obscure any proprietary or other notices contained in the Product(s).
4.1. You acknowledge that the Product(s) may periodically connect to Flight Reader servers to update this information, including changes to Flight Reader Account credentials, offline
activation codes, Subscription plans, and payments made.
4.2. All deliveries under this Agreement will be electronic. You must have an Internet connection in order to access Your Flight Reader Account and to receive any deliveries. For the avoidance
of doubt, You are responsible for Product download and installation.
5.1. In connection with Your use of Product(s), We and our associated companies will process Personal Data of You as a User and the Product Holder (if appropriate), in particular, Your contact
and identification details, data about usage of our software and services, and information about Your subscription and payments, for the following purposes:
5.1.1. To provide You with software, services or information;
5.1.2. To protect Us from piracy and unlawful use of Our software or services;
5.1.3. For Our internal records and to protect Our rights and interests and those of other users;
5.1.4. To promote and market Our software and services; and
5.1.5. To fulfil legal duties stipulated by accounting, taxation, and other laws.
You may object to the processing of Your Personal Data for the purposes of 5.1.2 through 5.1.4 at any time.
5.2. For the above purposes, Flight Reader may collect, among other things, Your IP address, first name, last name, email address, and subscription information.
5.3. On installation and execution, the Product may send Flight Reader certain information, which will not contain any Personal Data, including Product version, Product edition, and information
about the operating system and/or environment where the Product is installed. The Product can also check for available updates. In addition, it
can check for subscription validation by using the Product license key. Some Products can also use subscription information to inform you of the availability of applicable updates.
5.4. Flight Reader is not responsible for any processing of Personal Data accidentally sent to Flight Reader by the User.
5.5. You shall keep your Personal Data up-to-date, update the information, or if any inconsistencies arise report such inconsistencies to Flight Reader.
You have no obligation to provide Us with ideas, suggestions, or proposals ("Feedback"). However, if You submit Feedback to us, then You grant Us a non-exclusive, worldwide, royalty-free license that
is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any
obligation, royalty, or restriction based on intellectual property rights or otherwise.
7.1. Products include code and libraries licensed to Us by third parties, including open source software ("Third-Party Software"). All Third-Party Software is provided to You under the respective
terms stipulated in the Product documentation.
7.2. FLIGHT READER PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY SOFTWARE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT.
8.1 ALL PRODUCTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE PRODUCTS IS AT YOUR OWN RISK.
8.2 FLIGHT READER MAKES NO WARRANTY AS TO THE PRODUCTS' USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIGHT READER (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS,
DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, "FLIGHT READER PARTIES") DISCLAIM ALL
WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH
REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIGHT READER PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET YOUR REQUIREMENTS; (C) WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED.
8.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT YOUR OWN RISK; YOU AGREE YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR
LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
8.4 YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE FLIGHT READER PARTIES BE LIABLE TO YOU, YOUR AFFILIATES, USERS, OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR
PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT; OR (C) ANY SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF THE RELEVANT FLIGHT READER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF
USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING
FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PRODUCTS OR SUPPORT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
9.2. THE FLIGHT READER PARTIES' TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO FIVE (5) US DOLLARS. THIS LIMITATION WILL APPLY EVEN IF THE FLIGHT READER PARTIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AN AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10.1. The term of this Agreement will commence upon the acceptance of this Agreement by User as set forth in the preamble above, and will continue for each Product covered by a Subscription
through the end of the applicable subscription period specified in the respective Subscription Confirmation, or indefinitely for Products not covered by a Subscription, or
in the case of Redistributable Products until terminated by either User or Flight Reader.
10.2. You may terminate this Agreement at any time. If such termination occurs during a then-current subscription period, this Agreement will continue to be
effective until the end of that subscription period. In the case of Redistributable Products, User may terminate this Agreement with immediate effect by notifying Flight Reader of such
termination, discontinuing use of the Redistributable Product and deleting all copies of the Redistributable Product from its Clients and archives.
10.3. Flight Reader may terminate this agreement if:
(A) User has materially breached this Agreement and fails to cure such breach within thirty (30) days of written notice thereof;
(B) Flight Reader is required to do so by law (for example, where the provision of Products to User is, or becomes, unlawful); or
(C) Flight Reader elects to discontinue providing Product(s), in whole or in part.
10.4. Flight Reader will make reasonable efforts to notify User via email as follows:
(A) Thirty (30) days prior to termination of the Agreement in the event specified in Section 10.3(C) above.
(B) Three (3) days prior to termination of the Agreement in the event specified in Section 10.3(B).
11.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes any prior
agreements between You and Flight Reader regarding Your use of the Products. No purchase order, other ordering document or any handwritten or typewritten text which purports to modify or
supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both User and Flight Reader.
release dates, general availability, or other characteristics of Products.
11.3. Changes to this Agreement. We may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces
Your rights, We will use reasonable efforts to notify You (for example, by contacting You at the email address You have provided to us, by posting on Flight Reader Website, or via the
Product itself). If We modify this Agreement, the modified version of the Agreement will be effective from the start of the next Subscription term. In this case, if You object
to the updated Agreement terms, as Your exclusive remedy, You may terminate this agreement. You may be required to click through the updated Agreement to show Your acceptance. For the
avoidance of doubt, any Subscription Confirmation is subject to the version of the Agreement in effect on the Subscription Confirmation date.
11.4. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.
11.5. Headings. Headings and titles are for convenience only and do not affect the interpretation of this Agreement.
11.6. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.
11.7. Governing Law. This Agreement will be governed by the laws of the United States, without regard to conflict of laws principles. User agrees that any litigation relating to this
Agreement may only be brought in, and will be subject to the jurisdiction of, any competent court of the United States.
11.8. You declare that You have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms, and seek independent professional
legal advice in that respect before entering into it. Consequently, any statutory "form contract" ("adhesion contract") regulations shall not be applicable to this Agreement.
11.9. The parties to this Agreement undertake to make their best efforts to settle any disputes arising hereunder ("Dispute") amicably.
11.10. Notice. Flight Reader may deliver any notice to User via electronic mail to an email address provided by User, Flight Reader Account, registered mail, personal delivery, or a renowned express
courier (such as DHL, FedEx, or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to User via email, (ii) upon being uploaded to Your Flight Reader
Account (irrespective of when User actually receives it), (iii) upon personal delivery, (iv) one (1) day after deposit with an express courier, (v) or five (5) days after deposit in
the mail, whichever occurs first.
11.11. Children and minors. If You are under 18 years old, then by entering into this Agreement you explicitly stipulate, that you have legal capacity to conclude this Agreement or
that you have valid consent from a parent or legal guardian to do so. You may not enter into this Agreement if you are under 13 years old. IF YOU DO NOT UNDERSTAND THIS SECTION OR DO NOT
KNOW WHETHER YOU HAVE THE LEGAL CAPACITY TO ACCEPT THESE TERMS, PLEASE ASK YOUR PARENT OR LEGAL GUARDIAN FOR HELP.
For exceptions or modifications to this Agreement, please contact Flight Reader at:
4075 Linglestown Road
Harrisburg, PA 17112