German version see here. This english translation is provided as a convenience only. The German version of this end user license agreement is the one, that is relevant for the use of the license.
Helios Avionics – Horizon End User License Agreement
application software (the “Application”) and the data embedded in
the Application (the “Data”) you are downloading to your device
is owned by Helios
or its third-party providers. Both the Application and Data are
protected under copyright laws and international copyright treaties.
The Application and Data are licensed, not sold. The structure,
organization and code of the Application are valuable trade secrets
and/or its third-party providers. The application
is provided under the following license and is subject to the
following terms and conditions, between
you and Helios Avionics, which
are agreed to by End User. If you are obtaining the Application from
a third party application vendor (the “Application Vendor”), you
acknowledge that Helios
and not the Application Vendor, is responsible for the Application.
licensors, including the licensors, service providers, channel
partners, suppliers and affiliated companies of Helios
and its licensors,
are each a direct and intended third party beneficiary of this
Agreement and may enforce their rights directly against you in the
event of your breach of this Agreement.
IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE PURCHASING OR USING THIS APPLICATION. PURCHASING, INSTALLING, COPYING OR OTHERWISE USING THIS APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PURCHASE, INSTALL OR USE THE APPLICATION.
WARNING: HorizonTM is only an aid to prudent navigation. All information is presented for reference only. Horizon is a non-certified backup system which is not designed for usage as a flight instrument.
You hereby agree not to use Horizon as a flight instrument.
You hereby certify that you understand the possibility of errors anywhere in the data used by Horizon or in Horizon itself and therefore hereby agree not to use Horizon (or the data used by Horizon) in a way that an error can result in any kind of accident/incident or asset loss.
You agree not to use Horizon in an unlawful way or derive actions from the indications of Horizon which conflict with applicable law or compromise safety.
LICENSE TERMS AND CONDITIONS
Helios Avionics provides you with the Application and the embedded or accompanying Data, including any “online” or electronic documentation and printed materials, and grants you a limited, non-exclusive license to use the Application and Data in accordance with the terms of this Agreement. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy the Application and Data only as necessary for your use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Application or Data in any way. Your use of the Application must not violate any usage rules of the Application Vendor or any other third party service provider you use to enable the Application. You agree not to otherwise reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application and Data, and you may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory law. The Application uses libraries for which the prohibition against reverse engineering that is set forth above may not apply. Helios Avionics also reserves the right to discontinue offering any Data supplied by any third party supplier if such supplier ceases to supply such content or Helios Avionics’ contract with such supplier terminates for any reason. Helios Avionics reserves the right to anonymously collect and report non-personally identifiable information related to your use of the Application, such as the frequency with which you use the Application. This information would be collected anonymously, in a way that does not personally identify you. We may use this information to detect broad user trends and to otherwise enhance our products or applications. The collection and use of this location information are described in more detail in our privacy statement, which can be found at www.helios-avionics.com.
Support. If you need operational or technical support and assistance regarding the installation, un-installation, use or operation of the Application, or if you have questions, complaints or claims regarding the Application, please contact Helios Avionics support.
Acknowledgement of Application Vendor Responsibility. Application Vendors shall have no maintenance or support obligation for the Application, nor any responsibility for addressing any claims from you or any third party regarding the possession or use of the Application, including without limitation product liability claims, claims of failure to meet legal or regulatory requirements or consumer protection laws claims. Further, the Application Vendor shall have no responsibility regarding third party claims of intellectual property rights violations as a result of your possession or use of the Application.
Restrictions. You are prohibited from distributing, selling, renting or leasing the Application or Data to any other person or third party. You acknowledge that the Application and Data should be used only for general information purposes and you must not rely on the Application or Data in any life or death situation. The Application and Data must not be relied upon as a sole source of navigation.
No Warranty. This Application (including the Data) is provided to you “as is,” and you agree to use it at your own risk. Helios Avionics and its licensors including the licensors, service providers, channel partners and suppliers, and affiliated companies of Helios Avionics and its licensors, make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Application, or that the Data will be uninterrupted or error-free. Helios Avionics MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF MAP DATA IN THE APPLICATION.
Advertisements; Disclaimer of Endorsement. If the Application is partially or fully supported by advertisements you will receive advertisements on your mobile device when you use the Application. Helios Avionics might also share on an anonymous basis the location of your mobile device with the third party supplier of advertisements so that the supplier can provide you with advertisements that are relevant to the location of your device. Reference to any products, services, processes, hypertext links to third parties or other Data by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Helios Avionics or its licensors. Product and service information are the sole responsibility of each individual vendor.
Change of Data Providers. Providers of Data may be changed by Helios Avionics during the term of this Agreement, and your experience with the Data provided by a new provider may not be the same compared to the previous Data supplier.
Disclaimer of Warranty. The regulations of this clause do not impair your rights regarding the valid, binding national legal regulations, including, but not limited to legal warranties for defects of consumer products. Please be aware of the case, the use navigational systems or when using, when uploading or when changing navigational systems, this can lead to calculation errors, that might be caused by local environmental conditions and/or incomplete data.
Any services, apps, user contents or materials from third-party providers are being provided in the existing form and without any warranties.
Whenever it is legally permitted, ‘Helios-Avionics’ does not give any warranties or insurances, neither explicitly, nor implicitly, regarding the purchase (either directly through Helios-Avionics or through a sales partner), the access or the use of services, apps, user contents or potential material of third-party providers, including, but not limited to (I) correctness, errors and accuracy, (ii) appropriateness, (iii) usefulness, satisfying quality and suitability for a specific use, (iv) reliability, defects, operation, availability, (v) implicit warranty of titles and non-violation, (vi) security, the risk in context with the tapping of informations, viruses or any other things, which could be harmful, (vii) professional efforts, support, information or services, (viii) insulting, threatening, defaming, illegal or other reprehensible kinds.
Disclaimer of Liability.
Helios Avionics AND ITS licensors , including the licensors, service providers, channel partners, suppliers and affiliated companies of Helios Avionics and its licensors shall not bear liability for
(i) human damages or in the event of death caused by gross negligence or intent of Helios Avionics, its legal representatives or vicarious agents;
(ii) damages, that took place due to gross negligence or intent of Helios Avionics, its legal representatives, conductive employees or vicarious agents;
(iii) for any claims regarding the product liability law.
Helios Avionics bears liability in case of damage, that was caused by harming essential contract obligations by Helios Avionics, its legal representatives, conductive employees or vicarious agents. If the violation has been caused by slight negligence, the liability is limited to the amount, that was foreseeable by Helios Avionics at the time of service delivery.
Helios Avionics does not bear liability when unessential contract obligations were being harmed by slight negligence, especially in case of damages, that are the result of misusing the application or its data.
Export Control. You agree not to export from anywhere any part of the Application or Data or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
Indemnity. You agree to indemnify, defend and hold Helios Avionics and its licensors, including the respective licensors, service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of Helios Avionics and its licensors, free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of the Application or Data.
Period of Validity. This License Agreement is effective until such time as (if applicable) your account is either terminated (by you or by Helios Avionics) or expires, or Helios Avionics terminates this License Agreement for any reason, including, but not limited to, if Helios Avionics finds that you have violated any of the terms of this License Agreement. In addition, this License Agreement shall terminate immediately upon the termination of an agreement between Helios Avionics and any third party from whom Helios Avionics (a) obtains services or distribution necessary to support the Application, or (b) licenses Data. You agree, upon termination, to destroy all copies of the Data. The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.
Entire Agreement. These terms and conditions constitute the entire agreement between Helios Avionics and you, pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law. THE ABOVE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF THE FEDERAL REPUBLIC OF GERMANY. YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE FEDERAL REPUBLIC OF GERMANY FOR ANY AND ALL DISPUTES, CLAIMS AND ACTIONS ARISING FROM OR IN CONNECTION WITH THE APPLICATION OR DATA PROVIDED TO YOU HEREUNDER.
PLACE OF JURISDICTION IS STUTTGART (GERMANY).
Severability Clause. In case any provision in this license shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
Translations. The German version of this end user license agreement is the one, that is relevant for the use of the license. Any other translations conduce as an aid and information.
Brand. ‘Horizon-Your portable Glasscockpit’ is a trademark of Helios Avionics GmbH, that is registered in Germany. These trademarks may not be used without the explicit permission of Helios Avionics.