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TERMS AND CONDITIONS
You must agree to the following License Agreement before utilizing this website
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1. DEFINITIONS. "Concurrent Users" means the maximum number of Seats licensed to directly or indirectly access or use this
website at any one time. "Documentation" means web browser settings and user manuals supplied with this site.
"Machine" means a single computer hardware system viewing this site. "Seat" means a specific identifiable
unique access of information, such as a terminal, PC, wireless or handheld device, single user workstation or real
time device. "Transactions" means the number of inbound messages plus the number of outbound messages processed.
"Updates" means error corrections, maintenance releases and major releases of the site made available to Fly A Charter
customers under certain Fly A Charter support plans. "Use" means to load, access, utilize, or store this site. "Site"
means all the pages that are part of the domain "flyacharter.com".
2. LICENSE. You may use this site (and accompanying Documentation) solely for your business purposes with
Fly A Charter. You, your company, or your employees may access this site from unlimited Machines as long as there is
an intention of doing business directly with Fly A Charter. This does not permit the use of the
Site to develop, modify websites or programs,
or perform other programming task. Nothing herein authorizes you to use this Site, in connection with a website housed
by you, or in your
behalf of a third party or parties. Neither the information from this Site, nor this Agreement may be transferred, sold,
assigned, sublicensed or otherwise conveyed (whether by operation of law or otherwise) to another party without Fly A Charter's
written consent. You shall not utilize this Site with the purpose of doing business between you and a third party foreign to Fly A Charter. You shall
not disclose, by any means, the names of any other party doing business with Fly A Charter without Fly A Charter's written or verbal
consent.
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3. COPY AND OTHER RESTRICTIONS You shall not utilize the source code from this Site to implement, create or modify your website without Fly A Charter's
written consent. You may not copy, modify, reverse engineer, decompile or disassemble the Site. You may not use the Site for timesharing, rental or services, bureau purposes, or otherwise allow direct or indirect access or Use the Site by any third party. You shall not remove any
copyright notices or other proprietary notices from the Site.
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4. COPYRIGHT AND OWNERSHIP The Site, Documentation and all copies thereof are owned by Fly A Charter, or its
subsidiaries or their respective suppliers and are protected by copyright and/or trade secret laws and international
treaty provisions. You acquire only the non-exclusive right to use the Site as permitted herein and do not acquire any rights
of ownership in the Site. Any and all
rights and licenses in and to the Site not expressly granted herein are reserved by Fly A Charter.
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5. U.S. GOVERNMENT RESTRICTED RIGHTS. The Site is Commercial Computer Software. If this license is acquired under a U.S.
Government contract, use, duplication and disclosure of the Site and Documentation by the U.S. Government is subject to restrictions set forth in this Agreement which incorporates all applicable FAR provisions, for example FAR Section 52.227-19. Fly A Charter reserves all unpublished rights under United
States copyright laws.
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6. TERM. This Agreement is effective until terminated. You may terminate it at any time by requesting account cancelation to Fly A Charter and
destroying the Documentation you may have. This Agreement will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination,
you agree to destroy the Documentation.
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7. LIMITATION ON LIABILITY. FLY A CHARTERS LICENSORS SHALL NOT BE LIABLE FOR DIRECT DAMAGES. NEITHER FLY A CHARTER, ITS SUBSIDIARIES, NOR ANY OF ITS
LICENSORS SHALL BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR OTHER
LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLY A CHARTERS AND ITS SUBSIDIARIES' TOTAL LIABILITY, IF ANY, ARISING OUT OF THIS AGREEMENT
OR YOUR USE OF THE SITE OR RELATED SERVICES SHALL NOT EXCEED THE LICENSE OR SERVICE FEES PAID FOR THE SITE OR SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING RESTRICTIONS,
DISCLAIMERS AND LIMITATIONS SHALL REMAIN IN FORCE EVEN IN THE EVENT OF A FUNDAMENTAL BREACH BY FLY A CHARTER OR A BREACH OR A BREACH BY FLY A CHARTER OF A CONDITION OR FUNDAMENTAL
TERM HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU OR YOUR ORGANIZATION.
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| 8. GENERAL. This Agreement constitutes the complete agreement between the parties with respect to the Site and is governed by the laws of the State of Michigan (other than conflict of law provisions). It shall not be governed by the United Nations Convention on the International Sale of Goods, the application of which is expressly
excluded. The terms of this Agreement supersede the terms of any purchase order or other document issued or signed by you to authorize your license of the Site. except that a purchase
order shall be binding as to the identification of Site and services ordered, the type of license purchased, the fees due and the site for installation or performance of services, as
set forth therein. If any provision of these Agreement is held to be unenforceable, such provision shall be limited, modified or severed, as necessary, to eliminate its unenforceability, and
other provisions shall remain unaffected. The failure or delay of either party to exercise any of its rights shall not be deemed a waiver of such rights, and no waiver of any breach of this
Agreement shall constitute a waiver of any other breach. If you have any questions concerning this Agreement, write to Fly A Charter. Attention
Legal Department, 843 Willow Run Airport, Ypsilanti, MI. 48198. USA.
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