International Register of Civil Aircraft on CD - Order Form
The purpose of this agreement is to define the licensed terms and conditions of the CD-ROM "International Register of Civil Aircraft" which you have purchased or taken out an subscription for.
The software program and the information contained in this CD-ROM are licensed and not sold to you.
By subscribing to or purchasing the International Register of Civil Aircraft on CD-ROM, you are entitled as Licensee:
1.to access the consultation software contained therein, and
2. to access data of the International Register of Civil Aircraft contained therein
3. to access to quarterly updates (consultation software and data contained therein) in the case of an annual subscription
under the terms and conditions of this licence.
You (referred to below as "licensee") are invited to read and accept the terms and conditions of the following licence agreement before installing the software. By clicking on the "Accept button", you automatically accept the terms and conditions of this licence agreement. If you do not accept the terms and conditions of this licence, you must return immediately the CD-ROM and the amount of your purchase will be refunded.
NOTHING IN THIS AGREEMENT AFFECTS ANY STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER
ANY CONTRACT ARISING FROM THIS LICENCE IS MADE BETWEEN YOU AND THE CO-EDITOR FROM WHOM YOU PURCHASED THE CD-ROM OR TOOK OUT THE SUBSCRIPTION
1.1 "Co-editors": means the three organisations/authorities (Bureau Veritas, the United Kingdom Civil Aviation Authority (CAA), and Ente Nazionale per l'Aviazione Civile (ENAC)), which jointly publish the International Register of Civil Aircraft on CD?ROM and "Co-editor" means whichever of these three organisations from whom the licensee purchased the CD-ROM or took out the subscription
1.2 "CD?ROM" refers to the different versions of the CD-ROM ("Basic" version, "Extensive" version, quarterly subscription or purchase), unless otherwise specified.
1.3 "Computer Software" means the consultation computer software which enables licensee to access the Available Information contained in the CD-ROM.
1.4 "Available Information" means the information contained in the CD-ROM (including the International Register of Civil Aircraft) that can be accessed by the Computer Software, and any printed information delivered together with the CD-ROM.
1.5 "Subscription" means the annual subscription for the CD-ROM concluded by the licensee with the Co-editor to whom the licensee has addressed its CD-ROM subscription request and which entitles the licensee to 3 annual updates per Subscription.
1.6 "Purchase" (of the CD-ROM) means the a purchase of the CD-ROM but without any Subscription .
1.7 "Licensee" means the holder of a Subscription for or purchaser of the CD-ROM .
1.8 "Internal Network" means the authorised number of user PCs on the licensee's own internal computer network, as specified by the Licensee in its order form and for which he has paid the rights. If no such number is specified the licence will be deemed to be for a single user PC.
2. LICENSEE RIGHTS AND RESTRICTIONS OF USE.
2.1. The Co-editor hereby grants to the licensee a personal, non-exclusive, non-assignable and non-transferable licence to use the Computer Software to access the Available Information for his own internal business purposes. The licensee is not authorised to grant any sub-licence.
2.2. The licensee undertakes to limit the CD-ROM installation to its Internal Network .
2.4 The Licensee covenants with the Co-editor that he shall not:
2.4.1 sell, rent, use, access, transmit, reproduce, adapt or modify or make any attempt to modify, in whole or in part, the Available Information and/or the Computer Software, even on the ground that the Available Information and/or the Computer Software allegedly contains an error, except and to the extent expressly permitted by the present licence ,
2.4.2 reproduce any of the printed documents accompanying the CD-ROM,
2.4.3 allow any third party to benefit, use or obtain access to the CD-ROM and/or to the Available Information,
2.4.4 assign, let, sub-licence or transfer any of the rights granted pursuant the present licence,
2.4.5 use the CD-ROM on any other computer type than the computer type specified to be compatible with the standards necessary to run this CD-ROM.
2.4.6 The licensee hereby agrees that the Co-editor or any person designated by the Co-editors, may conduct inspections at the licensee's premises in order to verify the compliance by the licensee of the conditions of the licence , in particular regarding the Internal Network.
3 . CODING AND PERMITTED USAGE
3.1. Part of the Available Information is stored in coded form. The licensee hereby covenants that he shall not access or try to access the Available Information using means other than those proposed in the standard menus of the CD-ROM.
3.2. The licensee covenants that he shall not provide any of the Available Information to any third party.
3.3 The licence does not grant the licensee any rights to reproduce or print the Available Information in any publication, photographs or in any other illustration under whatever form.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The Computer Software and the Available Information included in the CD-ROM and any attached document, their structure and organisation are separately and together the intellectual property of the Co-editors and others and are protected by law. All rights therein are reserved by the Co-editors.
4.2 The Licensee hereby recognises that the present licence does not vest ownership of any intellectual property rights to him whatsoever and that he is granted only the rights expressly granted by this licence.
4.3 The licensee shall not delete, erase or amend any marks, notices or signs of ownership. .
5. CHARACTERISTICS OF THE CD-ROM
5.1. The functions of the CD-ROM are listed in the printed documents enclosed with the CD-ROM . The Co-Editors do not however warrant that the functioning of the CD-ROM will be error free.
5.2. If, during the period of 30 days following the receipt of the CD-ROM, and provided that the Computer Software and the Available Information have been used normally and in compliance with the provisions of this licence, the licensee identifies any defects in the CD-ROM that prevent it from operating, and provided also that he returns the CD-ROM to the Co-Editor from whom the CD-ROM was purchased or provided with a written note identifying so far has he can the defect within the 30 day period, that Co-Editor shall replace freely the defective CD-ROM. This shall constitute the Licensee's role right and remedy and the Co-Editor;s sole obligation in respect of defects in the CD-ROM
6. NO WARRANTIES
6.1. The Co-editors do not warrant that the Computer Software is compatible with the licensee's software and hardware environment, especially as regards the ability of said environment to process dates before or beyond year 2000. Consequently, the Co-editors shall have no liability whatsoever should the licensee be unable, when using the Computer Software, to process dates before or beyond the year 2000 should the cause of such originate from any element of the information system of the licensee other than the Computer Software itself.
6.2. The Co-editors do not make any warranty whether expressed or implied, that the CD-ROM, the Computer Software or the Available Information are fit for the licensee's needs or are of merchantable quality or that they are fit for purpose in terms of accuracy or that the Available Information is complete or up to date.
6.3 The Co-editors have collected and compiled the Available Information with due care and skill but shall have no liability pertaining to any error or omission regarding the Available Information and any loss that may arise as a consequence thereof.
6.3 If the licensee has taken out a Subscription, the Co-editors do not warrant that the number of countries included in the CD-ROM at the date of the first order will remain the same for the whole Subscription period.
7. LIMITATION OF LIABILITY
7.1. The Co-editors shall have no liability (whether in contract, tort or otherwise at law or in equity) for any financial consequences, losses and/or damages sustained by the licensee, including any loss of revenues, loss of profit, loss of expected savings, loss of reputation, loss of contracts or loss of business or goodwill arising from any reason whatsoever, whether or not the co-editors were aware of the possibility of the occurrence of such losses and damages.
7.2. The Co-editors shall have no liability whether in tort, contract, or otherwise at law or in equity (including any law of the country where the CD-ROM is used) other than reimbursement of the Subscription price or the price paid to purchase the present CD-ROM.
7.3 The Co-editors shall have no liability for the loss of files, records or data or, except for breach of any implied or express right to quiet enjoyment of the CD-ROM free from lawful disturbance thereof by any third party, for the consequences resulting from any claim made against the licensee by any third party.
8. RIGHTS OF TERMINATION
The Co-editor may terminate this licence at any time in case of breach by the licensee of any of the terms and conditions hereof by giving the licensee immediate written notice. On such termination the licensee shall immediately return the CD-ROM to the Co-editor from whom he took the Subscription or purchased the CD-ROM. Such notice may be served by post, fax, telex, email or personally at any place of business or residence of the licensee.
9. APPLICABLE LAW AND JURISDICTION
9.1 This licence is subject to the law of the country in which the head office or registered or principal office of the Co-editor who has concluded the contract of purchase or subscription with the licensee is located. This shall be French law if in the case of Bureau Veritas, Italian law in the case of ENAC or English law in the case the CAA.
9.2 Any dispute arising out of or in connection with the present licence, and which the parties are unable to settle by negotiation between them, shall be resolved by the courts of the country where the head quarter or registered or principal office of the Co-editor that has concluded the contract of purchase or subscription with the licensee is located.
Insofar as the Consumer Protection (Distance Selling) Regulations 2000 apply and the consumer's right to cancel an order is not excluded under regulation 13 thereof, you have the right to cancel your order under regulation 10 of those Regulations if you give the CAA (c/o Aircraft Registration Section CAA House) a written notice of such cancellation within 7 days of your receipt of the CD or other media on which the Register is recorded. If you exercise such right you must promptly return the CD or other media to the CAA at your own cost. In the event of such cancellation the CAA will refund the original order price less any direct costs incurred by it in recovering the CD or other media if not returned by you to the CAA as above.