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This End User License Agreement ("EULA") governs your access to ACSS Web Based Training ("The Training") and is the entire agreement between you (either an individual or a single entity) ("You" and "Your") and Aviation Communication & Surveillance Systems, LLC ("ACSS") relating to The Training. You can review the most current version of the EULA at any time at http://training.acsscustomerservices.com.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY AND ACKNOWLEDGE YOUR UNDERSTANDING AND ACCEPTANCE OF THEM BY CLICKING THE "I agree" CHECK BOX BELOW. BY CHECKING THIS BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ , UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS EULA, YOU WILL NOT BE PROVIDED ACCESS TO THE TRAINING.
- LICENSE. You may use The Training solely for Your individual use and personal learning purposes. You are subject to the following restrictions:
DURATION. Your access to The Training will be granted after payment has been received by ACSS and limited to the period of time as agreed between You and ACSS.MODIFICATIONS. ACSS may, at any time, enhance, alter or delete items from The Training, without prior notice to You.TECHNICAL SUPPORT. ACSS will provide via phone and email consultation not to exceed two (2) hours in duration to help You troubleshoot any problems in accessing the website or The Training thereon. ACSS will, as necessary, consult with Your Information Technology (IT) staff, or the staff of the Learning Management System software, as necessary to assist in this troubleshooting. ACSS is not responsible if your Operating System or IT infrastructure is not capable of supporting The Training format.TRADEMARKS. Trademarks appearing in The Training are the property of ACSS, or their respective owners.INTELLECTUAL PROPERTY RIGHTS. All rights of either limited or unlimited nature, pertaining to The Training and its associated documentation, data, techniques, designs, know-how, specifications, algorithms, inventions, whether patented, patenable or not, copyrights, trade secrets, processes and any other intellectual and proprietary rights therein are and shall at all times remain the exclusive valuable property of ACSS. The Training is protected by the copyright laws of the United States and international copyright treaties.U.S. GOVERNMENT REGULATIONS. The Training is subject to U.S. Export Regulations. You agree to adhere to the U.S. Export Regulations as published and released from time to time by the U.S. Government. In particular, You agree to comply with ACSS' policy to verify the end use and end user in all sales and deliveries of ACSS' products, technology or software and in all transfers of technical data or software to insure compliance with applicable United States of America export control laws and regulations. By accessing the site You are agreeing that you are not in a country wher export is prohibited and that you are not in the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of the information provided in The Training.TERMINATION. Without limiting other remedies, this EULA may be terminated by ACSS immediately and without notice if You fail to comply with any term or condition of this EULA. Upon such termination, You must immediately cease using The Training. ACSS reserves the right to discontinue The Training or any features or content accessible through The Training at any time with or without cause. ACSS shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to The Training.ENTIRE AGREEMENT. This EULA constitutes the entire agreement and understanding between ACSS and You with respect to the subject matter hereof, and supersedes any prior discussions, representations, understandings or agreements whether oral or written between the parties.GENERAL INDEMNITY. You agree to indemnify and hold harmless ACSS, its directors, officers, agrents and employees from and against any and all liability, loss or damage, including reasonable costs, attorneys' and witnesses' fees, and expenses incurred by the indemnitee in defending the underlying claim, by reason of any loss, damage, death or injury to their employees or their property arising out of or in connection with work performed or The Training furnished pursuant to this EULA where such loss was forseeably, proximately and immediately caused by the sole negligence of the indemnitor, its directors, officers, agents, and employees.GOVERNING LAW, LANGUAGE AND VENUE. This EULA shall be interpreted under and governed by the laws of the State of Arizona, U.S.A., except that Arizona's choice of law rules shall not be invoked for the purposes of applying the law of another jurisdiction. The United Nations convention on contracts for the international sale of goods shall not apply to this Agreement. The choice of venue shall be Phoenix, Arizona, U.S.A. This Agreement shall have one official language: English.LIMITATION OF LIABILITY. IT IS EXPRESSLY AGREED THAT ACSS SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE TRAINING BY YOU EVEN IF ACSS HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, OR FOR ANY CLAIM AGAINST THE LICENSEE BY ANOTHER PARTY. ANY LIABILITY OF ACSS SHALL, AT THE OPTION OF ACSS, BE LIMITED EXCLUSIVELY TO REPLACEMENT OF THE PRODUCT FURNISHED TO LICENSEE, OR REIMBURSEMENT OF LICENSE FEES PAID FOR THE LICENSED SOFTWARE INVOLVED.WARRANTY. ACSS DOES NOT WARRANT THAT THE TRAINING WILL OPERATE ERROR-FREE OR THAT THE TRAINING OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE TRAINING OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, ACSS IS NOT RESPONSIBLE FOR THOSE COSTS. THE TRAINING AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTY OF ANY KIND. ACSS TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ACSS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.SURVIVABILITY. In the event of termination or expiration of this EULA, for any reason whatsoever, Sections 6, 7, 10, 12 and 13 of this EULA shall continue to be binding on the parties beyond such termination or expiration.
- You may not share Your Username and Password with other colleagues or third parties.
- You are responsible for all access to and use of The Training by means of Your Username and Password, even if You did not know of or authorize such access and use.
- You may not assign, rent, lease, sublicense or otherwise transfer this EULA or any part of it to a third party without prior written consent from ACSS.
- You may not create derivative works from The Training.
- You may not modify or translate The Training without prior written consent from ACSS.
- You may not reverse engineer, disassemble nor de-compile, copy or otherwise attempt to duplicate The Training or portions thereof, nor make or have made any copies of user's manuals and other related documentation.
- You may not disclose, demonstrate or otherwise make available The Training to any other colleagues or third parties without prior written consent from ACSS.
- You will implement reasonable security measures to protect the copyrighted material in The Training.
- You may not perform malicious acts against our website.
- You may not make or have made any copies of The Training, or portions thereof, nor make or have made any copies of user's manuals and other related documentation.
- You may not show The Training in a group setting.
- You agree to immediately notify ACSS if: (i) Your Username or Password is lost or stolen, or (ii) You become aware of any unauthorized use of Your Username or Password or of any other breach of security related to The Training.
- Violation of these restrictions will constitute a material breach of this EULA.