AMAS Help Center

AMAS.aero - Terms of Use

 

Issue No. 4, dated 08.04.2021

 

These AMAS.aero Terms of Use ("AMAS Terms") apply to AeroEx's "AMAS.aero", a subscription-based online resource library consisting of standards and regulations and software applications. By using AMAS.aero Client ("Client") and all its Users ("User or Users") agree to abide by these AMAS Terms of use set forth hereafter. It is not permitted to use AMAS.aero ("Site") if Client and any of his direct and indirect employees, i. e. Users do not agree to strictly follow these AMAS.aero Terms of Use. It is the Clients responsibility to inform all his Users accordingly and to supervise their compliance with these Terms.

 

For every contract of a license agreement between AeroEx and Client for AMAS.aero, besides these AMAS Terms also the AeroEx General Terms & Conditions of Sale apply. I case of any deviations or conflicts between the AMAS Terms and the AeroEx General Terms & Conditions, the then-current AeroEx General Terms & Conditions prevail. Client and all its Users are requested to carefully read these AMAS Terms before using the AMAS.aero Site.

 

1. License and Registration

Subject to compliance with all of terms and conditions of these AMAS Terms, AeroEx grants a nonexclusive, non-transferable limited license for Client and his Users to access the Site, software applications, and AeroEx's Standards and Regulations database as per subscription plan.

This license is meant to provide User / Users with access to the Site and AeroEx's Standards and Regulations library and software application content for use within Client's organization. It is solely for use by the individual user identified in the Registration Information. Use is subject to that restriction, and as noted under these AMAS Terms of the content below.

Registration Information: By accessing the Site, Users have to provide accurate, current and complete information as prompted by the registration form and to keep the Registration Information accurate, current and complete. If Registration Information is found not to be accurate, current or complete, or if AeroEx has reasonable grounds to suspect that such information is not accurate, current or complete, AeroEx has the right to suspend or terminate User's access and refuse any current or future use of AeroEx Standards and Regulations Libraries and software applications.

 

2. Data and Proprietary Rights

The products and the contents of the Site, including without limitation, text, site design, logos, graphics, icons and images, videos, software, code, product reviews and other content comprising the Site, as well as the selection, assembly and arrangement thereof, are protected by Swiss and international copyright laws. In addition, the entirety of the Site is owned by AeroEx and is protected by Swiss and international copyright laws, all rights reserved.

The "Standard and Regulations Libraries" and reports provided by AeroEx and containing EU and EC Commission Regulations, EASA decisions, FAR's, OTAR’s, Industry Standards and other officially available standards and regulations have been prepared in order to provide Clients with an updated and easy-to-read publication of rules and regulations. It has been prepared by combining the officially published corresponding text of the regulations and all amendments together with the acceptable means of compliance (AMC), guidance material, and certification specifications adopted so far. However, this is not an official publication, and AeroEx accepts no liability for damage of any kind resulting from the risks inherent in the use of the "Standard and Regulations Libraries". EU copyright notice "© European Union, http://eur-lex.europa.eu/, 1998-2021 – provided by AeroEx officially published documents used to amalgamate all the elements into the "Standards and Regulations Libraries". The format of this publication has been adjusted in order to make it easier to read and for reference purposes. Users are invited and encouraged to report to info@aeroex.eu any perceived errors or comments relating to this library.

Client and its Users acknowledge and agree that all proprietary rights in AeroEx Standards & Regulations Library shall remain property of AeroEx and that Client and its Users do not acquire rights therein except if otherwise agreed in writing.
Client and any of its Users agree that questions or comments you submit to AeroEx Standards & Regulations along with the answers associated with them shall become the property of AeroEx for use as AeroEx sees fit.

Third-Party Sites

AMAS.aero Site may contain links to AeroEx's affiliates and links to non-affiliated and/or to. third-party websites. These links are provided solely for convenience. If Users choose to utilize any of these links, the Site will be left.

AeroEx has not reviewed these third-party websites and does not control and is not responsible for any of these websites or their content. AeroEx does not make any representations about any third-party websites, or any information, software or other products or materials found on such websites. If Users access any of the third-party websites linked to the Site, it is entirely at Clients / Users your own risk.


Use of the AMAS.aero Site
Clients use of the Site shall be for lawful purposes only.  It is prohibited to use the Site for illegal purposes or for the transmission of material that is unlawful, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, distasteful, offensive, controversial or otherwise objectionable, or that infringes or may infringe the intellectual property or rights of AeroEx, or another or that violates any international, federal, state, or local law. Client and any User, by accepting these AMAS Terms understand and acknowledge that AeroEx may, at its sole discretion, terminate your access to the Site, without notice, if we believe that AMAS Terms have been violated.

By using the Site, Client and its Users are responsible for maintaining the confidentiality of the account and password and for restricting access to their computers. Furthermore, Client and all its Users agree to accept responsibility for all activities that occur under the individual User's account or password, or from your IP address.

Unauthorized copying of software and internet content is theft. Client and Users are requested to contact AeroEx at support@amas.aero to report pirated content and software.

 

Guidelines for Use of the Site

The License is solely for use by the individual User identified in the Registration Information.

The following defines the authorized use and restrictions of AeroEx's Standards & Regulations content:

For any questions regarding the use of AeroEx Standard and Regulations Libraries content, support@amas.aero should be contacted.

  1. Read: Users may read as much AeroEx Standards & Regulations Library content as chosen
  2. Print/Copy of Guides/Manuals: Unless explicitly stated otherwise in AeroEx Standard and Regulations Libraries  content, Users may make a single printed copy of the content for their personal use. Users may share the printed copy with others in the Clients organization; however, others may not make additional copies of content without a License from AeroEx.
  3. Unless explicitly stated otherwise in Standards & Regulations content, Users may make up to five printed copies of a newsletter article or notification. Users may share the printed copies with others in the Clients organization; however, others may not make additional copies of content without a License from AeroEx.
  4. Save: Users may save content to their personal computing device(s), but they may not save them to a shared network drive, intranet, Internet or similar location to which others would be allowed use.
  5. Copyright notices: Users must retain copyright notices appearing on AeroEx Standard and Regulations Libraries  content
  6. Comments: Users must be the author of any comments posted on the Site. AeroEx, at its sole discretion, reserves the right to remove postings and/or terminate the license of any Client or User who AeroEx believes has violated the terms or abused the intent of the license; including, but not limited to, posting profanities, hate speech, potentially libellous statements, marketing promotions or publishing third-party content without permission.
  7. Share or email: Unless otherwise allowed in this section, Users may not share AeroEx Standards & Regulations Library content through electronic messaging or post means with others inside or outside of the organization.
  8. Incorporate into other applications: Users may not incorporate AeroEx Standards & Regulations Library content into documents, reports, training materials, or other applications.
  9. Disassemble: Users shall not disassemble, decompile or otherwise derive source code from AeroEx Standards & Regulations Library and Software applications.
  10. Translations: Users shall not translate AeroEx Standards & Regulations Content into another language.
  11. Infringe: Users shall not use AeroEx Standards & Regulations in any manner that infringes the intellectual property or other rights of another party.
  12. Use in a commercial manner: Users may not provide AeroEx Standards & Regulations content to any party outside of Clients organization unless covered by a separate AeroEx written agreement.
  13. Use of Users credentials: Users are not allowed to provide others to access the Site using their User name or password.
  14. Substitute: Users may not disseminate, publish or use AeroEx Site content in a manner that would be competitive with, or substitute for, the purchase of additional Licenses by others in the organization. For example, Users may not post AeroEx Standards & Regulations Library content on an intranet or hard copy for the sole purpose of allowing others in the organization to repurpose the content for their own use.

 

4. Sharing Content and Information on the Site

By sending any ideas, comments, suggestions, questions or other material, Client/User grant an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material with or without Clients/Users name in any manner, including in connection with the business, and Client/Users also agree that we AeroEx is free to use any ideas, concepts, know-how or techniques that Client/Users sent AeroEx for any purpose.

Client/Users agree that no comments or other information submitted to AeroEx will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). Client/Users agree that no comments or other information submitted to AeroEx will be libellous, obscene, harassing, abusive or otherwise unlawful. Furthermore, Client/Users agree that they shall remain solely liable for the contents of any comments or other information submitted to AeroEx.

 

5. Limitations on Liability

AeroEx's limitations and liabilities as per the then-current General Terms and Conditions for Sale apply. In addition, the following terms are applicable for AMAS.aero:

NEITHER AEROEX NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, SERVICING, UPDATING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS' ACCESS, USE, OR INABILITY TO USE THE SITE OR ANY SITES LINKED TO THE AEROEX SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED ON THE AEROEX SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Client acknowledges and agrees that there may be interruptions in service or events that are beyond AeroEx`s control. While all reasonable efforts are used to keep the Site accessible, AeroEx does not guarantee and shall have no liability for, any unavailability of the Site including but not limited to the following: (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located or co-located. Because AeroEx does not control the security of the Internet or other networks Clients and Users use to access the Site, AeroEx is not responsible for any data lost during transmission. Contact AeroEx at support@amas.aero for information regarding the products, programs and services that may be available. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply. The client agrees that any cause of action or claim that you may have relating to our Site must be made or instituted within one year of when the cause of action or claim accrued.

The Site, the contents, and referral sites and the products and services described therein are designed to provide reasonably accurate and authoritative information in regard to the subject matter covered. It is made available with the understanding that AeroEx is not engaged in rendering legal, accounting or other professional services. If legal advice or other expert service is required, the services of a competent professional should be sought.

Due to the constantly changing nature of published regulations or another source, it is impossible to guarantee the total and absolute accuracy of the material contained herein. AeroEx cannot and does not assume any responsibility for omissions, errors, misprinting or ambiguity contained on the Site, the products and services described herein, or the content of referral sites or the products and services which may be offered on referral sites.

AeroEx shall not be held liable in any degree for any loss, damage or injury caused by any such omission, error, misprinting or ambiguity present on the Site, the products and services described herein, or the content of referral sites and the product and services described therein.

Third-party providers that recommend AeroEx Standard and Regulations Libraries and related services to subsidize Client/Users access to AeroEx Standard and Regulations Libraries, in whole or in part, are not responsible for content found on AeroEx Standard and Regulations Libraries.

The liability of AeroEx is explicitly excluded for all claims and/or damages resulting from any use, omissions, misinterpretations or incorrect and/or incomplete implementation by Client of the standards and regulations contained in the “Standard and Regulations Libraries” provided by AeroEx. All Services are performed with professional care. The Services (including the “Standard and Regulations Libraries”) do not claim to be complete or accurate for any purpose whatsoever. The Services are to be understood and used as assistance to the Client in meeting any aviation authority’s compliance requirements. The limitation of liability includes the liability for indirect or consequential damages and minor negligence.

 

6. Indemnification

Client agrees to defend, indemnify, and hold AeroEx, its officers, directors, employees, agents, licensors, affiliates, service providers and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.

 

7. License Term and Termination

7.1. Effective Date: This License always becomes effective when signed into the Site, thereby indicating acceptance of the License Terms.
7.2. Access: Continued access to AeroEx Site, in this first and subsequent License Terms, is subject to the timely payment of the License fee as invoiced by AeroEx.
7.3. Term: The term of a License is for the length of time indicated when paying the License fee. Should Client choose to terminate this License earlier, AeroEx, at its sole discretion, will determine the amount of refund, if any. When the License terminates or the License is not renewed, any information entered into the Site may no longer be accessible, and AeroEx does not guarantee that such information will be maintained or archived for access.
7.4. Renewal: Prior to any renewal an invoice is being issued by AeroEx.
7.5. Non-renewal: If Client chooses not to renew the License, access will be terminated.
7.6. Notwithstanding any of the above, (i) AeroEx may terminate the License without cause on ten (10) days' notice (via email or otherwise) should AeroEx Standard and Regulations content or any component thereof no longer be available for whatever reason; such termination entitles Client to receive a pro-rata refund. (ii) At AeroEx's sole discretion, AeroEx reserves the right to terminate without notice the License of any Client who AeroEx believes has violated the terms or abused the intent of this License; including but not limited to posting profanities, hate speech, potentially libellous statements, marketing promotions or publishing third party content without permission; such termination does not entitle you to a refund of any License fees.

7.7. This License shall be binding on and shall inure to the benefit of AeroEx and its heirs, administrators, successors, and assigns.

 

8. Waiver & Severability

No waiver by AeroEx or any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be deemed to be severed from these AMAS Terms.

 

9. Assignability

The License and the rights and obligations hereunder may not be assigned by Client or by operation of law, including, but not limited to, bankruptcy, assignment for the benefit of creditors, collateral for a loan or satisfaction of a loan, without the prior written consent of AeroEx; provided, however, that these AMAS Terms and the rights and obligations hereunder shall be freely assignable by AeroEx.

 

10. Changes of Terms

AeroEx may change, revise, modify, add or remove any of these AMAS Terms at any time by updating this posting. Clients are requested to visit this posting from time to time to review the then-current AMAS Terms because continued use of the Site after any changes to these AMAS Terms which have been posted will be deemed as acceptance of any such revised Terms. Client agrees that AeroEx shall not be liable to Client or any third party for any modification or discontinuance of any materials, features, products, prices, services, information or the Site.

 

11. Entire Agreement

These AMAS Terms constitute the entire agreement between AeroEx and Client with respect to the use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms or any portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these AMAS Terms, and the remainder of these AMAS Terms shall continue in full force and effect.

These AMAS Terms of Use are applicable to all AMAS.aero Site Licenses granted by AeroEx GmbH to Client and all related contracts or agreements between AeroEx and Client, unless otherwise agreed in writing between both parties.

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