AEROTRACK ONLINE USER AGREEMENT

This END USER LICENSE AGREEMENT (the "Agreement") is a legal agreement between you, the USER, ("User" or "You"), and Aero Tec Software Solutions, Inc. ("AERO TEC"). CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO ACCESSING OR USING “AEROTRACK ONLINE”.

BY ACCESSING AEROTRACK ONLINE ON THE INTERNET AND ENTERING THE USER ID AND PASSWORD, YOU ARE ACCEPTING THE LICENSE PURCHASE OF AEROTRACK ONLINE AND THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

This Agreement between AERO TEC and You sets forth the terms and conditions of your use of the Software and Documentation.

1) LIMITED LICENSE

This Agreement sets forth USER's rights to use the program (“AeroTrack Online"), and the documentation accompanying the product, if any (the "Documentation"), each of which comprises certain proprietary material of AERO TEC. Collectively, the Program Access and Documentation are referred to in this Agreement as the "Licensed Product". The Program access and Documentation are licensed, not sold, to USER subject to the terms of this Agreement. AERO TEC grants to USER the limited, non-exclusive, and non-transferable right to copy and use the Licensed Product for USER's individual use only.

2) UNDER THIS LICENSE, USER MAY:

o    Access the program for USER's company and company personnel use only.

    USER SHALL NOT:

o    Rent, lease, sublicense, timeshare, copy or otherwise distribute the Licensed Product for any purpose;

o    Use, copy or transfer access of the Licensed Product, except as provided in this Agreement;

o    Remove or modify any proprietary notices, company names, logos or other labels or symbols on the  Licensed Product; or

o    Disassemble, decompile or otherwise reverse engineer the Licensed Product in order to discover the source code or related proprietary information and trade secrets, or have a third party do so;

o    Attempt to violate, the security of this website. Any such violations may result in criminal and civil liabilities to you.  Aero Tec will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of this website include, without limitation, the following:

(a) Logging into or attempting to log into a server or account that you are not authorized to access;
(b) Assigning your access to this server to any third party without Aero Tec’s prior consent;
(c) Accessing data or taking any action to obtain services not intended for you or your use;
(d) Impersonating any individual or entity, falsely stating or otherwise misrepresenting your identity or affiliation in any way;
(e) Attempting to probe, scan, or test the vulnerability of this website;
(f) Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
(g) Engaging in conduct which could damage or impair the intended operability of this website;
(h) Engaging in deceptive online marketing; or
(i) Assisting or permitting any persons in engaging in any of the activities described above.
(j) Transmitting material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of this program;
(k) Interfering with, intercepting or expropriating any system, data or information; or
(l) Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding," "mail bombing," or "crashing" any computer system.

3) PROPRIETARY RIGHTS

AERO TEC Software Solutions, Inc and/or its third-party suppliers own all proprietary rights, including all copyrights, patents, and trade secrets, in the Licensed Product and related to the Licensed Product. The source code and related proprietary information and trade secrets are not licensed to USER, and any modification, addition or deletion is strictly prohibited. AERO TEC reserves all rights not expressly granted to USER.

4) LIMITED WARRANTY

Except as otherwise set forth here in, the licensed product is provided on an “as is” basis, without warranty of any kind, including without limitation any warranties that it is fit for a particular purpose or non-infringing. All of which are hereby disclaimed. The entire risk as to the quality and performance of the licensed product, internet connectivity, computer hardware are borne by the USER. This disclaimer of warranty constitutes an essential part of this agreement. No use of the licensed product is authorized hereunder except under this disclaimer.

You agree to exercise caution, good sense and proper judgment in using this service. You are responsible for any material you place on or transmit to or through this website. You agree that any information you post to or transmit through this website is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information.

You agree that use of any information obtained from this program is at your own risk.


 

5) LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will AERO TEC or its third-party suppliers or distributors be liable for any director, indirect, special incidental or consequential damages arising out of the use or inability to use the licensed product. Including without limitation, damages for lost profits, loss of data, loss of good will, work stoppage, computer failure or malfunction, even if advised of the possibility thereof, and regardless of the legal or equitable theory (Contract, Tort or otherwise) upon which the claim is based.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable, however, in no event shall AERO TEC be liable to USER in any amount exceeding the amount of one month of license fee paid to AERO TEC.

6) GENERAL PROVISIONS (Entire Agreement)

This Agreement sets forth the entire understanding between USER and AERO TEC with respect to the subject matter hereof. This Agreement may be amended only in a writing signed by both parties. No vendor, distributor, dealer, retailer, sales person or other person is authorized to modify this Agreement or to make any warranty, representation or promise which is different than, or in addition to, the representations or promises of this Agreement. No waiver of any right under this Agreement shall be effective unless in writing, signed by a duly authorized representative of AERO TEC. Failure to insist upon strict compliance with this Agreement shall not be deemed a waiver of any future right arising out of this Agreement. This Agreement shall be governed by and construed in accordance with the substantive laws of the Province of Alberta, Canada without regard to any conflict of law provisions. The parties agree that any dispute relating to this Agreement or its subject matter shall be submitted to exclusive, binding arbitration held in Alberta, Canada. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if the illegal, invalid or unenforceable provision had never been a part of this Agreement. You may not assign or transfer this Agreement, and any such attempted assignment or transfer shall be null and void. The prevailing party in any action to enforce this Agreement shall be entitled to recover its reasonable attorneys' fees from the other party.

Aero Tec reserves the right to refuse or delete any of your content as well as suspend or terminate without notice your access to this website upon a violation or attempted violation of this agreement.

7) TERMS

Payment is due prior to the access of AeroTrack Online. In the event that USER fails to make any license payments as and when required, and such failure continues for 5 business days after USERS receipt of written notice from AERO TEC.  AERO TEC  shall have the option of refusing to provide to USER any SERVICES until the payment is made. Fees are subject to a 2% increase annually for inflation.

Aero Tec will store all data content for a maximum period of two (2) consecutive years unless a formal agreement is made with Aero Tec to store the data content for a longer period.