End User License Agreement (EULA)
TAKEOFFALERT Version 1 and higher DOWNLOADABLE SOFTWARE LICENSE AGREEMENT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RAYMOND CHASE (DBA “TakeoffAlert”). APPLE INC. IS NOT A PARTY TO THIS AGREEMENT. TAKEOFFALERT, NOT APPLE, IS SOLELY RESPONSIBLE FOR THE SOFTWARE AND THE CONTENT HEREOF. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE TAKEOFFALERT SOFTWARE (“SOFTWARE”). BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “I AGREE” BUTTON. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT INSTALL OR USE ANY PART OF THE SOFTWARE.
2. Permitted License Uses and Restrictions. a. This License allows you to install and use the Software on the devices you own and control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Any such copy is subject to the terms of this License Agreement. b. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof. You may not make the Software available for access or use by any other person or entity, including but not limited to acting as a service bureau.
3. Transfer. You may not rent, lease, lend or sublicense the Software. All components of the Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. If a Software update completely replaces (full install) a previously licensed version of the Software, you may not use both versions of the Software at the same time nor may you transfer them separately.
4. Consent to Use of Data. You agree that TakeoffAlert and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your iOS device (including Device UUID), computer, your physical location, 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 Software. TakeoffAlert may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. User Contributions. Users may post reviews, prices, comments, and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of, contain or install software viruses, “worms” or other malicious or destructive content, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam,” including without limitation machine generated, randomly generated, misleading, or unwanted commercial content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. TakeoffAlert reserves the right (but not the obligation) to (i) refuse or remove any content that, in TakeoffAlert’s reasonable opinion, violates any TakeoffAlert policy or is an any way harmful or objectionable, or (ii) terminate or deny access to and use of the features to any individual or entity for any reason, in TakeoffAlert’s sole discretion. All content is to be provided in the English language.
If you do post content or submit material you grant TakeoffAlert a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TakeoffAlert and sublicensees the right to use the first part of your account email address (excluding the domain) in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the downloading, copying, and use of the content will not infringe the proprietary or intellectual property rights of any third party (including, if applicable, your employer); that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TakeoffAlert for all claims resulting from content you supply. TakeoffAlert has the right but not the obligation to monitor and edit or remove any activity or content. TakeoffAlert takes no responsibility and assumes no liability for any content posted by you or any third party.
6. Responsibility of Users. TakeoffAlert has not reviewed, and cannot review, all of the material posted by other Users, and cannot therefore be responsible for that material’s content, use or effects. By operating the service, TakeoffAlert does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The User generated content may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The comments may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TakeoffAlert disclaims any responsibility for any harm resulting from the use of User generated content, or from any downloading by Users of content there posted.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which TakeoffAlert links, and that link to TakeoffAlert. TakeoffAlert does not have any control over those non-TakeoffAlert websites and webpages, and is not responsible for their contents or their use. By linking to a non-TakeoffAlert website or webpage, TakeoffAlert does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TakeoffAlert disclaims any responsibility for any harm resulting from your use of non-TakeoffAlert websites and webpages.
8. Data Sync services. Certain features may allow automatic syncing of data between your authorized devices. To accomplish data syncing, information is sent from your device to a hosted data service. Use of the service requires compatible devices and Internet access; may require periodic updates; and may be affected by the performance of these factors. TakeoffAlert reserves the right to limit the number of accounts that may be created from a device and the number of devices associated with an account. High-speed Internet access is strongly recommended for use. You agree that meeting these requirements, which may change from time to time, is your responsibility.
9. Use of Location-based Data. TakeoffAlert may provide certain features or services that rely upon device-based location information, which use GPS and other location identification systems. To provide such features or services, where available, TakeoffAlert must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your account and any devices registered thereunder. You hereby agree and consent to AltitudeAlert’s collection, use, transmission, processing and maintenance of such location and account data to provide and improve such features or services.
You may withdraw this consent at any time by not using the data sync features.
10. Copyright Infringement and DMCA Policy. As TakeoffAlert asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TakeoffAlert violates your copyright, you are encouraged to notify TakeoffAlert in accordance with standard Digital Millennium Copyright Act (“DMCA”) Policy. TakeoffAlert will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TakeoffAlert or others, TakeoffAlert may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, TakeoffAlert will have no obligation to provide a refund of any amounts previously paid to TakeoffAlert.
11. Pricing and Product Availability. To the extent that products or prices offered by third parties may be displayed within the Software or User generated comments, such content is by its nature subject to change without notice by the offeror, and is neither independently confirmed by TakeoffAlert nor guaranteed to be accurate or current. Two subscription options are available. Monthly and Yearly. Price of the subscription is $1.49/Month USD or $12.99/Year USD. Payment will be charged to your Apple ID account at the end of the free trial period. Your subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase. No cancellation of the current subscription is allowed during and active subscription period.
12. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from TakeoffAlert if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. Upon such termination, all provisions of this License Agreement except for the License Grant in Section 1 will survive termination and continue in effect.
13. No Warranty on Media; Other Limitations. TakeoffAlert DOES NOT warrant the media on which the Software may be recorded to be free from defects in materials and workmanship nor does it warrant compatibility with the Software. Your exclusive remedy under this Section shall be, at TakeoffAlert’s option, a refund of the purchase price of the software license. TakeoffAlert, and not Apple Inc., is solely responsible for any obligation arising under this provision or by law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. Apple shall have no other warranty obligation whatsoever with respect to the Software. Apple shall have no responsibility for the investigation, defense, settlement or discharge of any claim that the Software or your possession or use of the Software infringes the intellectual property rights of any third party.
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TAKEOFFALERT DOES NOT AND CANNOT WARRANT THE SERVICE FOR ACCURACY, RELIABILITY, COMPLETENESS, SAFETY OR FITNESS FOR LICENSEE’S PARTICULAR PURPOSES. THEREFORE, LICENSEE UNDERSTANDS AND AGREES THAT THE SERVICE AND SOFTWARE LICENSED HEREUNDER IS INTENDED SOLELY FOR INFORMATIONAL AND SITUATIONAL AWARENESS PURPOSES; THAT IT INCORPORATES INFORMATION PROVIDED BY THIRD PARTIES OVER WHICH TAKEOFFALERT HAS NO CONTROL; AND THAT IN NO CASE IS IT INTENDED THAT ANY INFORMATION SUPPLIED BY TAKEOFFALERT, WHETHER OR NOT OF ITS OWN CREATION, BE SUBSTITUTED FOR LICENSEE’S OWN BEST JUDGMENT, OR CONFIRMATION OF INFORMATION THROUGH OFFICIAL SOURCES, IN ANY GIVEN SITUATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS RESTRICTING WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT ANY JURISDICTION DOES NOT ALLOW THE LIMITATION OF WARRANTY AS SET FORTH ABOVE, THIS PROVISION SHALL BE CONSTRUED IN THE MANNER WHICH CLOSEST REPRESENTS ITS ORIGINAL INTENT. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION
TAKEOFFALERT USES AVAILABLE THIRD PARTY DATA (INCLUDING GPS DATA), BUT TAKEOFFALERT DOES NOT GUARANTEE THAT THE ORIGINAL SOURCES (INCLUDING THE FAA) HAVE PROVIDED DATA THAT IS ACCURATE, COMPLETE, TIMELY, OR PROPERLY FORMATTED FOR DISPLAY. PILOTS SHOULD ALWAYS CONTACT OFFICIAL SOURCES FOR THE MOST ACCURATE AND TIMELY UPDATES.
THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOUR USE OF THIS REAL TIME TAKEOFF ALERTING APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
14. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TAKEOFFALERT AND TAKEOFFALERT’S LICENSORS (COLLECTIVELY REFERRED TO AS “TAKEOFFALERT” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TAKEOFFALERT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TAKEOFFALERT OR A TAKEOFFALERT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE 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.
15. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TAKEOFFALERT 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 OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TAKEOFFALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. In no event shall TakeoffAlert’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.
16. Export Control. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. 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 missiles, and nuclear, chemical or biological weapons.
17. Government End Users. The Software 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. 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. Unpublished-rights reserved under the copyright laws of the United States.
18. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Kentucky. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
19. Email. You agree that TakeoffAlert may send periodic email newsletters to email addresses provided by the user to TakeoffAlert. To be excluded from these mailings, notify [email protected] with the email address to remove.
21. Indemnification. Licensee shall indemnify and hold harmless TakeoffAlert and its respective suppliers of data from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorneys fees) incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including employees of Licensee, if any, including any aircraft, arising out of or in any way relating to Licensee’s breach of the terms of this Agreement and/or Licensee’s utilization of the Software or Service or any other things provided hereunder, whether or not arising in tort or occasioned by the negligence of TakeoffAlert, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness of willful misconduct of TakeoffAlert. Licensee’s obligations under this indemnity will survive the expiration, termination, completion or cancellation of this Agreement.
22. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
23. Third Party Beneficiary. Apple Inc. and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.
24. Due Authority. By accepting this Agreement, Licensee acknowledges and confirms that Licensee is at least 18 years of age and competent to enter into a contract, and agrees to be bound by the terms and conditions of this Agreement.
25. Product Claims or Questions. Any claims by you or by any third party relating to the Software or to your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation shall be directed to TakeoffAlert, and not to Apple. Questions, complaints, or claims related to the Software should be directed to:
PO Box 75053
Cincinnati, OH 45275
THIS LICENSE AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RAYMOND CHASE. BY CLICKING “I AGREE” YOU AGREE TO BE BOUND BY ITS TERMS. YOU SHOULD PRINT AND RETAIN A COPY OF THIS LICENSE AGREEMENT FOR YOUR RECORDS. A COPY OF THIS AGREEMENT IS AVAILABLE AT TAKEOFFALERT’S WEBSITE:
(Last revised 2/11/2021)
© Copyright Raymond Chase 2021