V360E Terms and conditions
In this Agreement, the following terms shall have the following meaning:
Licence means the limited, nonexclusive and nontransferable license to use the Service provided under the terms of this Agreement.
Licensor means Aviation e-Learning ApS, a limited liability company, registered under Danish Law, with registration no. DK33253087 and having its registered address at Amager Strandvej 392, DK-2770 Kastrup, Denmark.
Licensee means the person or business entity entering into this Agreement.
These License Terms applies to all Services provided by Aviation e-Learning ApS (“Licensor”) whether given as free trial, sold directly by Licensor or an independent reseller of Licensor’s services. The term Service covers services such as, but not limited to: e-learning modules, learning management systems, Virtual 360 Editor and customized software solutions. In the event of any discrepancies between these License Terms and the provisions of any agreement directly between Licensor and Licensee, the provisions of such agreement shall prevail. However Licensee’s and/or a reseller’s general purchasing terms – if any – will not be considered part of the agreement. This applies regardless of when the terms have been presented.
2. Approvals etc.
Licensee shall at its own costs and responsibility obtain and maintain any operational approvals necessary for the use of the Service(s) from any and all relevant authorities – if relevant and/or required.
3. Delivery and updates
If Licensor in order to deliver the Service needs information and/or material from Licensee and this information and/or material is not delivered to Licensor within the agreed timeframe, Licensor is entitled to change the time of delivery of the Service(s) with the same number of workings days as the information and/or material was delayed from Licensee.
Licensee shall receive relevant access information from Licensor or the relevant reseller of Licensor’s Service. The Service will be available on-line, unless otherwise informed by Licensor. For any Service that require download and/or installation Licensee shall be solely responsible for downloading and installing the Service. In no event shall Licensee be entitled to terminate the Agreement due to errors or delay in downloading the Service.
The Service has been tested on different operating systems and different browsers but Licensor does not guarantee or warrant that it runs on all operating systems and/or browsers.
The Services may automatically download and install updates from time to time. These updates may take the form of bug fixes, new features, or new versions.
4. Right of Use
Licensor hereby grants to Licensee a non-exclusive Right to use the Service for Licensees own purposes. Licensee agrees that it shall use the Service only for Licensee’s own sole and exclusive use and that Licensee shall in no event be entitled to disclose, sell, sub-license, host, stream the Service or otherwise transfer or distribute the Service or transfer this Right of Use to third parties or to let third parties use or gain access to
the Service (s) without prior written consent from Licensor. Licensee is not entitled to print, copy, translate, reverse engineer, decompile, disassemble, modify, create derivative works of or publicly display the Service, in whole or in part, unless expressly authorized by Licensor.
5. Intellectual property rights
All intellectual property rights to the Service(s) and any documentation delivered herewith belong to Licensor and Licensee acknowledges and accepts that the Service(s) are protected under the Danish intellectual property right acts and / or under international legislation, conventions and treaties. Licensee shall not obtain any intellectual property rights whatsoever in and relating to the Service(s) and nothing in these License Terms shall be construed as a transfer or assignation of any ownership in or title to the Service(s), any documentation delivered or any other services, materials and/or information (if any) pertaining to the Service(s).
If the Service requires use of the Licensees trademark, the Licensee hereby grants Licensor the right to use Licensees trademark accordingly.
6. Correction of errors
In the event that Licensee encounters an error in the Service(s) delivered, Licensee shall notify Licensor thereof as soon as possible and Licensor shall be obligated to use commercially reasonable efforts to diagnose and correct the error.
7. Warranties and Limitation of liability
Licensor does not provide any explicit or implied guaranties or warranties, including but not limited to warranty for fitness for a particular purpose, implied warranties or warranty that the Service(s) will be without errors or defects.
Licensor explicitly excludes any and all liability for any loss towards Licensee, including but not limited to any indirect loss and / or consequential damages, including but not limited to loss of time and profits, damages related to procurement of substitute products/services, claim for damages raised by third parties, operating loss, loss of data etc., resulting from any non-delivery and/or delayed delivery attributable to Licensor, any third party providers or caused by errors in the Service(s).
To the extent permitted by law Licensor further disclaim any warranty that (a) the services will be constantly available, uninterrupted, timely, secure, or error-free; (b) the result that may be obtained from the use of the Services will be effective, accurate, or reliable; or that (c) any errors or defects in the services will be corrected. Licensee’s sole remedy in case of any losses caused by the Service, including non-delivery and delayed delivery, shall be refund of Licensee’s subscription payment for the Service for the relevant period of up to 3 months, subject to an absolute maximum refund of EUR 3,000.
Licensor limits its product liability to the maximum extent permitted under Danish law.
8. Force majeure
Neither Party shall be deemed to be in default when performance of the obligations of such Party is prevented or made unreasonably burdensome due to any cause which was beyond the reasonable control of such party and which such party could not reasonably be expected to have foreseen, avoided or overcome at the time of entering into the Agreement, including but not limited to any event attributable to natural disasters and severe weather; embargoes; faulty, lack of or delayed of deliveries from suppliers or third parties; interruption or other failure of power, water, internet connection or other utilities; war and acts of war; terrorism; general strikes and other similar events affecting the activities of a Party, provided, however, that the Party suffering the Force Majeure event as soon as possible informs the other Party thereof giving details of the Force Majeure cause and its expected duration and implication for the Party’s performance.
9. User Content and Usage Data
Licensee may be permitted to upload content (“Licensee Content”). Licensee gives explicit permission to Licensor to process any data/Licensee Content that Licensee decides to upload. This consent is given for data processing in order to deliver and operate the Service(s) and improve such Service(s). Further Licensee gives express permission to Licensor to store such Licensee Content. Licensee Content belongs to Licensee and Licensee can at any time delete Licensee Content.
Licensor may monitor Usage Data (data about the Licensee’s interaction with the Service) in order for Licensor to improve the Services.
Permission granted by Licensee to Licensor according to this article is granted for the purposes of: (a) providing, operating, or improving the Services; (b) responding to support requests; (c) detecting, preventing, or otherwise addressing fraud, security, unlawful or technical issues; and (d) enforcing these License Terms. Sharing/distributing Licensee Content is done at Licensee’s own risk and responsibility.
By uploading Licensee Content to the Service Licensee warrants to have: (a) all necessary licenses and permissions to use and share the Licensee Content; (b) the rights necessary to grant the permission in these License Terms; (c) that the Licensee Content does not infringe intellectual property rights or that possible intellectual property rights have been cleared with the rights holder and that (d) the Licensee Content does not violate other laws or codes of conduct etc.
Licensee warrant not to upload any Licensee Content which entails any information protected according to the applicable Privacy Acts in force.
10. Authorization and use
Each of Licensee’s users may receive a unique username and a password. This unique username and password is personal and is not to be shared with any third party, whether in Licensees organization or elsewhere. Licensee is responsible for all activity that occurs on Licensee’s account.
If Licensor has reason to believe that the Service has been used fraudulently or without authorization, Licensor is entitled to reduce the functionality, operability, or availability of the Services, and/or suspend or terminate the Service and any Agreement between Licensee and Licensor.
Licensor may create technical limits on Licensee Content, such as limits on file size, storage space, processing capacity, and other technical limits. Licensor may suspend Licensee’s Service(s) until Licensee is within the storage space limit associated with Licensee’s account.