International License Agreement for eRES
By using eRES you agree to the terms of this Agreement.
Do not use the program if you do not agree to these terms. Once you have used the program to transact business you may no longer claim not to have used the program."Program", includes all eRES programming installed for your use, including whole or partial copies, machine readable instructions and data, components, audio-visual content (such as images, text, recordings or pictures). Related licensed materials including documents, keys or documentation. "You and Your" refer to either an individual person or to a single legal entity.
eRES is owned by Flight Data Management, Ltd, A Bangkok, Thailand corporation.
Flight Data Managements grants You a nonexclusive license to use the Program when you lawfully acquire it.
You will insure that anyone who uses the Program (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.
You may not use, copy, modify or distribute the Program except as provided in this Agreement: including reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver, sublease rent or lease the Program.
Flight Data Management may terminate Your license if You fail to comply with the terms of this Agreement. If Flight Data Management does so You must destroy all copies of the Program and it's documentation.
You may not transfer the Program to any other party.
Flight Data Management provides to You all eRES programming at effectively at no cost. This is stipulated on a mandatory maintenance contract and payment as specified in the eRES contract between Flight Data Management and Your airline.
Flight Data Management may terminate Your License if the maintenance contract is not paid within fifteen (15) days of the due date which is the first working day of each month.
Flight Data Management has the right to charge ten (10) percent for each 15 day period that any payments are late. The late charge is accumulative, not a one time charge. The maintenance contract payments are due on the first working day of each month.
If any authority imposes a duty, tax, levy or fee upon any payment due Flight Data Management, then You agree to pay the specified amount or supply exemption documents.
On-Site Flight Data Management Personnel
Your airline is responsible for all travel and living expenses for Flight Data Management, Inc.'s on-site personnel.
To insure that your airline approves of all travel and living by Flight Data Management on-site personnel, your airline will make the reservations, pay for and make available to Flight Data Management the airline tickets, prepaid hotel/apartment/house and living expenses. The quality of the on-site accommodations is to be equal to that of the airline's middle management and agreed to by Flight Data Management. Living expense other than housing is to be paid either on an agreed to amount or by expense account as agree to between Flight Data Management and the airline. Living expense is to be paid on a weekly basis or as agreed to by both parties.
Flight Data Management personnel assigned to an airline either on-sight or off-site is charge to the airline at a rate determined in a separate agreement. The hours charged include work hours, travel to and from the work site and any off-site (airline) meetings or other requirements. This rate can be modified by agreement between Flight Data Management and the airline.
The rules as spelled out in the "Charges" section of this document are valid for the collection of the money due for on-site personnel.
Termination by You, requires a six (6) month written notice. Delivery of the termination notice must be by a delivery service that can verify delivery. Termination can be immediate, but You must pay the six month payment for the maintenance contract before termination is valid and accepted. The charges are for maintenance and the cost of the network server. If the termination notice is given and You do not make the required payments, a penalty of ten (10) percent is charged for each 15 day period that the payment is not paid, this charge is accumulative and not a one time charge.
No WarrantySubject to any statutory warranties which can not be excluded Flight Data Management makes no warranties or conditions either expressed or implied. Including but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement, regardless of eRES or technical support, if any.
Limitation of Liability
Under no circumstances is Flight Data Management, it's programmers or suppliers liable for any of the following, even if informed of their possibility:
1. Loss of, or damage to, data;
2. Special, incidental, or direct damages or for any economic consequential damages: or
3. Lost profits, business, revenue, goodwill or any anticipated savings.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
Neither You or Flight Data Management will bring legal action under this agreement more than two years after the cause of action arose.
Governing Law, Jurisdiction and Arbitration
Both you and Flight Data Management consent to the application of the laws of the country in which You acquired the Program License to govern, interpret and enforce all of Your and Flight Data Management's rights, duties https://fdmsecure.net/fdminc.net/common-images/bar_top1.jpgand obligations arising from or related in any manner to, the subject mater of this Agreement, without regard to conflict law principles.
All of our rights, duties and obligations are subject to the courts of the country in which You acquired the Program License.