AirBooks Use Agreements

AirBooks Multi User Agreement

 AIRBOOKS USE AGREEMENT FOR MULTI USERS

The User, by purchasing AirBooks and paying the Subscription Fee, agrees to accept and use AirBooks, on the terms and conditions set out in this Agreement. AIL may make changes to this Agreement from time to time and it is the User’s obligation to ensure they comply with the updated version of this Agreement.

Looking for the single-user agreement? Click to view the Terms and Conditions – Single User

THE PARTIES AGREE AS FOLLOWS:

1. Definitions

1.1 In this Agreement, unless the context otherwise requires, the following terms have the following meanings:

“AIL” means Airways International Limited and its employees, agents, contractors, successors and permitted assigns.

“AirBooks” means the interactive e-learning text books, which include a set of instructions or statements in machine readable medium, and any enhancement, modification, update or new release of the books or the related software or any part of the books or the related software, delivered by AIL to the User.

“Agreement” means this AirBooks use agreement and includes the Schedules.

“Commencement Date” means the date the User paid the Subscription Fee.

“End User” means individual persons who are given access to AirBooks for their personal research and study on the terms and conditions of use set out in Schedule 2.

“Intellectual Property Rights” means all industrial and intellectual property rights (whether protectable by statute, at common law or in equity) as may exist anywhere in the world and whether registered or registrable.

“Subscription Fee” means the fee specified in clause 10, payable by the User to AIL, for the use of AirBooks.

“Subscription Term” means 12 months from the Commencement Date.

“User” means an individual person or entity who purchases AirBooks.

“User Identification” means the code or password for access to AirBooks provided by AIL to the User.

2. Access

2.1 AIL shall provide access to AirBooks to the User and End User as specified in Schedules 1 and 2 on the terms and conditions set out in this Agreement.

2.2 The User acknowledges and agrees that, if it uses the browser based reader for AirBooks, and when accessing videos, an internet connection will be needed in order to access AirBooks.

2.3 If the User or End User wants to use AirBooks offline, the User or End User can download AirBooks for offline reading using a compatible mobile application. The current compatible application is Inkling Axis’s mobile application for Android and iOS devices. Not all content will work in offline mode, for example videos within AirBooks are streamed and therefore not available in offline mode. The User agrees to, and is responsible for ensuring the End User, abide by all relevant terms and conditions imposed by the provider of the application in the use of any application. AIL does not give any warranties or representations about any mobile application, and the User and each End User uses any application at their own risk.

2.4 The User is responsible for organising and maintaining internet connections as required to use AirBooks.

2.5 The User acknowledges that AirBooks are hosted by a third party provider. The current third party hosting provider is Inkling. The User agrees to comply, and to ensure that each End User complies, with all requirements imposed by the then current hosting provider. Inkling’s guidelines can currently be found here: https://www.inkling.com/store/terms/platform-guidelines-july-2014/, but may be updated from time to time and it is User’s obligation to ensure it complies with the latest guidelines.

2.6 AIL may, at any time by notice to the User, change the hosting provider or the compatible mobile application used to access AirBooks. AIL is not liable for any costs or other losses caused by any change in the hosting provider or the compatible mobile application.

2.7 Neither AIL nor its hosting provider give any assurance as to the availability of AirBooks and are not liable for any outages or unavailability in accessing AirBooks, including as a result of changing hosting provider. The User acknowledges and agrees that both scheduled and unscheduled outages and unavailability may occur from time to time.

2.8 AIL may change continued access to AirBooks if required to do so for data protection or security reasons.

2.9 AIL will collect AirBooks Analytics during the Subscription Term. The type and method of information collected will be at AIL’s discretion. If the User is interested in AirBooks Analytics they can contact AIL at airbooks@airways.co.nz.

3. Access for End User

3.1 The User is responsible for the End User use of AirBooks, and agrees to ensure that each End User uses AirBooks in accordance with this Agreement and in accordance with Schedule 2.

3.2 The User is responsible for any act or omission of any End User.

4. Licence

4.1 In consideration of the User paying the Subscription Fee, AIL hereby grants to the User a non-exclusive, non-transferable, non-sublicensable licence for the Subscription Term for the User to:

• access and use AirBooks as an information tool for the End User.

4.2 AIL reserves all rights except those expressly granted under this Agreement.

4.3 The User may only use AirBooks in accordance with normal operating procedures and all other requirements and guidelines notified by AIL.

4.4 AirBooks may only be used pursuant to this Agreement:

• by the User; and
• by the End User,

and AirBooks must not be used by the User or End User for the benefit of any other person.

4.5 The User shall not copy, alter, modify, reproduce, publish, disclose or transfer AirBooks and will ensure that no End User copies, alters, modifies, reproduces, publishes, discloses or transfers AirBooks.

4.6 The User shall not use, and will ensure that no End User uses, AirBooks in a way that interferes with, unduly burdens or disrupts the integrity, performance or availability of AirBooks.

4.7 In addition to any other remedies available to AIL under this Agreement or otherwise, if there is any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of AirBooks or any other use of AirBooks in breach of this Agreement by the User or any of the End Users, AIL may immediately revoke the User’s  and the End User access to AirBooks and/or terminate this Agreement by notice to the User and/or pursue any available remedies available to it, including applying for an injunction.

4.7 AIL shall not be obliged to support AirBooks, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise.

5. Content

5.1 The User and each End User acknowledges that the content of AirBooks includes (amongst other things) subject matter and theory aligned with ICAO and/or EASA standards.

5.2 The User and each End User acknowledges that content for ATC 101 is not aligned with ICAO and/or EASA standards.

5.3 AIL may modify or update content at their own discretion.

6. Title to AirBooks

6.1 The User acknowledges that there is no transfer of title or ownership in AirBooks to the User, and that AirBooks and all Intellectual Property Rights in AirBooks remain the sole property of AIL and its licensors.

6.2 The AirBooks trade mark is owned by AIL and may not be used by the User without AIL’s express written approval.

7. Reverse Engineering

7.1 The User must not reverse assemble or reverse compile, or directly or indirectly allow or cause a third party, including any End User, to reverse assemble or reverse compile, the whole or any part of AirBooks.

8. Security and User Identification

8.1 AIL will issue to the User the codes or passwords to enable the User and End User to access AirBooks. AIL will not directly issue to the End User the codes or passwords to enable the End User to access AirBooks.

8.2 The User undertakes not to disclose the User Identification to any third party and ensure that no End User discloses any User Identification to any third party.

8.3 If the User Identification is disclosed to any third party AIL may immediately revoke the User’s and any End User access to AirBooks and/or terminate this Agreement by notice to the User.

8.4 The User shall be solely responsible for the security, protection, use, supervision, management and control of AirBooks and the User Identification.

8.5 The User shall ensure that AirBooks is protected at all times from misuse, damage, destruction or any form of unauthorised use.

8.6 The User must immediately notify AIL of any security breaches of its User Identification.

8.7 The User is responsible for any use of AirBooks using the User Identification. In no event will AIL be responsible or liable for any unauthorised use of Airbooks using the User Identification.

9. Privacy

9.1 AIL may collect personal information from the User and the End User that the User provides to AIL. Personal information is information that is about an identifiable individual. The information AIL may collect includes, for example, the End User names and contact details.

9.2 The User gives their consent for AIL’s use of their personal information in accordance with this Agreement.

9.3 If the User discloses any person’s personal information to AIL, the User warrants that it has obtained that person’s consent to the disclosure to AIL and AIL’s use of that personal information in accordance with this Agreement.

9.4 AIL may disclose personal information that it collects to third party service providers, which may be located anywhere in the world (including, but not limited to, in the United States). AIL is not responsible for the use of that personal information that is outside AIL’s reasonable control.

9.5 AIL will use and disclose the personal information it collects for the purpose of providing access to AirBooks, improving and adding to AirBooks, marketing to new and existing customers and as otherwise permitted by this Agreement or applicable privacy laws.

9.6 The User and the End User may request access to and/or correction of their personal information by contacting AIL at airbooks@airways.co.nz

10. Subscription Fee

10.1 The Subscription Fee is the fee published to the User at the time of payment. The User acknowledges that payment of the Subscription Fee is made using a third party provider. The User, by making such payment, agrees to be subject to the then current payment provider’s terms and conditions.

10.2 The User must pay the Subscription Fee prior to AIL providing access to AirBooks. AIL will provide access to AirBooks from the Commencement Date upon receipt of names and email addresses of each End User.

11. Term and termination

11.1 This Agreement will commence on the Commencement Date and continue in force until the end of the Subscription Term and AIL may terminate this Agreement without cause at any time.

12. Effects of termination or expiry

12.1 Upon termination or expiry of this Agreement:

(a) the licence granted pursuant to clause 4.1 shall come to an end;

(b) the User shall immediately cease using, and will ensure that each End User immediately ceases using, AirBooks; and

(c) the rights of AIL that have accrued before termination or expiry will continue, including in respect of any breach of this Agreement prior to the date of termination or expiry.

12.2 Subject to clause 14.3, the User agrees that AIL can terminate access to AirBooks by the End User at any time if the End User are in breach of the terms and conditions set out in Schedule 2.

13. Warranties

13.1 AIL warrants that it is entitled to grant the licence granted to the User under clause 4.1 of this Agreement.

13.2 The User acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty, term or condition except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.

13.3 Without limiting the scope of clause 13.2, AIL does not give any warranty, representation or undertaking:

(a) as to the availability or quality of AirBooks, including any fitness for a particular purpose or merchantability, including that AirBooks will meet any particular learning needs; or

(b) that the use of AirBooks or the exercise of any of the rights granted under this Agreement will not infringe any Intellectual Property Right or other rights of any other person.

14. Limitation of AIL liability

14.1 In no event will AIL, under any circumstances, be liable, whether in tort (including negligence), contract or otherwise, to the User for any:

(a) loss or corruption of data; or

(b) indirect, consequential or special loss or damage,

however caused, arising out of or in connection with this Agreement or the supply or use of AirBooks.

14.2 In no event will AIL’s liability to the User, whether in tort (including negligence), contract or otherwise, arising out of or in connection with this Agreement or the supply or use of AirBooks exceed in aggregate the Subscription Fee paid by User in the Subscription Term.

14.3 In no event will AIL be liable to the User if AIL terminates access to AirBooks by the End User if the End User is in breach of the terms and conditions set out in Schedule 2.

15. Assignment

15.1 The User may not assign or transfer any of its rights or obligations under this Agreement. The User agrees that AIL may assign, novate or otherwise transfer its rights and obligations under this Agreement.

16. No waiver

16.1 No failure, delay or indulgence by any party in exercising or enforcing any power or right under this Agreement shall operate as a waiver of such power or right. 

17. Governing law

17.1 This Agreement shall be governed by, and construed in accordance with, the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to all disputes arising out of or in connection with this Agreement.

SCHEDULE 1

AirBooks: The AirBooks available for purchase include ATC101, PBN 101, Meteorology, Navigation, General Aviation Knowledge, Aviation Operations, and Aviation Law.

Access: AirBooks is accessed through the User’s web browser, or IOS or Android applications downloaded by the User.

AirBooks is available online on any device that has a web browser. For the best reading experience, the User can download and use the Inkling Axis reader application for Android and iOS. These applications are available from the application stores. AIL does not make any warranty or representation about the Inkling Axis reader application, and any use of the application is at the User’s own risk.

Please contact us if you have any specific questions.

SCHEDULE 2

END USER TERMS OF USE FOR AIRBOOKS

The End User, by accessing and using AirBooks, agrees to accept and use AirBooks, on the terms and conditions set out in this Schedule 2.

THE PARTIES AGREE AS FOLLOWS:1. Definitions

• In this Schedule 2, unless the context otherwise requires, the following terms have the following meanings:

“AIL” means Airways International Limited and its employees, agents, contractors, successors and permitted assigns.

“AirBooks” means the interactive e-learning text books, which include a set of instructions or statements in machine readable medium, and any enhancement, modification, update or new release of the books or the related software or any part of the books or the related software, delivered by AIL to the User.

“End User” means individual persons who receives access to AirBooks by request of the User.

“Intellectual Property Rights” means all industrial and intellectual property rights (whether protectable by statute, at common law or in equity) as may exist anywhere in the world and whether registered or registrable.

“Subscription Term” means 12 months from the Commencement Date.

“the User” means an individual person or entity who purchases AirBooks.

“User Identification” means the username and password for access to AirBooks provided by AIL to End User.

2.  Access 

• AIL shall provide access to AirBooks to End User as specified in Annex 1 of this Schedule 2 on the terms and conditions set out in this Schedule 2.

• End User acknowledges and agrees that, if it uses the browser based reader for AirBooks, an internet connection will be needed in order to access AirBooks.

• If End User wants to use AirBooks offline, End User can download AirBooks for offline reading using a compatible mobile application. The current compatible application is Inkling Axis’s mobile application for Android and iOS devices. Not all content will work offline mode, for example videos within AirBooks are streamed and therefore not available in offline mode. End User agrees to abide by all relevant terms and conditions imposed by the provider of the application in the use of any application. AIL does not give any warranties or representations about any mobile application, and End User uses any application at their own risk.

• End User is responsible for organising and maintaining Internet connections as required to use AirBooks.

• End User acknowledges that AirBooks are hosted by a third party provider. The current third party hosting provider is Inkling. End User agrees to comply with all requirements imposed by the then current hosting provider. Inkling’s guidelines can currently be found here, but may be updated from time to time and it is End User’s obligation to ensure it complies with the latest guidelines. 

• AIL may, at any time by notice to End User, change the hosting provider or the compatible mobile application used to access AirBooks. AIL is not liable for any costs or other losses caused by any change in the hosting provider or the compatible mobile application. 

• Neither AIL nor its hosting provider give any assurance as to the availability of AirBooks and are not liable for any outages or unavailability in accessing AirBooks, including as a result of changing hosting provider. End User acknowledges and agrees that both scheduled and unscheduled outages and unavailability may occur from time to time.

• AIL may change continued access to AirBooks if required to do so for data protection or security reasons.

3.  Licence

• AIL hereby grants to End User a non-exclusive, non-transferable, non-sublicensable licence for the Subscription Term for End User to access and use AirBooks for the purposes of End User personal research and study. 
• AIL reserves all rights except those expressly granted under this Schedule 2.
• AirBooks may only be used pursuant to this Schedule 2 by End User and AirBooks must not be used by End User for the benefit of any other person.
• End User shall not copy, alter, modify, reproduce, publish, disclose or transfer AirBooks.
• End User shall not use AirBooks in a way that interferes with, unduly burdens or disrupts the integrity, performance or availability of AirBooks. 
• In addition to any other remedies available to AIL under this Schedule 2 or otherwise, if there is any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of AirBooks or any other use of AirBooks in breach of this Schedule 2 by End User, AIL may immediately revoke End User access to AirBooks.
• AIL shall not be obliged to support AirBooks, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise.

4. Title to Airbooks

4.1  End User acknowledges that there is no transfer of title or ownership in AirBooks to End User, and that AirBooks and all Intellectual Property Rights in AirBooks remain the sole property of AIL and its licensors.

4.2  The AirBooks trade mark is owned by AIL and may not be used by End User without AIL’s express written approval.

5.  Reverse Engineering

5.1  End User must not reverse assemble or reverse compile, or directly or indirectly allow or cause a third party, to reverse assemble or reverse compile, the whole or any part of AirBooks.

6. Security and User Identification

6.1 AIL will issue the User with a code or password to enable End User to access AirBooks.

6.2 End User undertake not to disclose the User Identification to any third party.

6.3  If the User Identification is disclosed to any third party AIL may immediately revoke End User access to AirBooks.

6.4  End User shall be solely responsible for the security, protection, use, supervision, management and control of AirBooks and the User Identification.

6.5  End User shall ensure that AirBooks is protected at all times from misuse, damage, destruction or any form of unauthorised use.

6.6  End User must immediately notify AIL of any security breaches of its User Identification.

6.7 End User is responsible for any use of AirBooks using the User Identification.  In no event will AIL be responsible or liable for any unauthorised use of AirBooks using the User Identification.

7.   Privacy

7.1 AIL may collect personal information from End User that End User provides to AIL. Personal information is information that is about an identifiable individual. The information AIL may collect includes, for example, End User’s name and contact details. 

7.2 End User gives their consent for AIL’s use of their personal information in accordance with this Schedule 2.

7.3  AIL may disclose personal information that it collects to third party service providers, which may be located anywhere in the world (including, but not limited to, in the United States). AIL is not responsible for the use of that personal information that is outside AIL’s reasonable control. 

7.4 AIL will use and disclose the personal information it collects for the purpose of providing access to AirBooks and as otherwise permitted by this Schedule 2 or applicable privacy laws. 

7.5 End User may request access to and/or correction of their personal information by contacting AIL at airbooks@airways.co.nz

8. Term and termination

8.1 This Schedule 2 will commence on End User accessing AirBooks and continue in force until the end of the Subscription Term and AIL may terminate this Schedule 2 without cause at any time.

9. Effects of termination or expiry

9.1 Upon termination or expiry of this Schedule 2: 

• the licence granted pursuant to clause 3.1 shall come to an end;
• End User shall immediately cease using AirBooks; and
• the rights of AIL that have accrued before termination or expiry will continue, including in respect of any breach of this Schedule 2 prior to the date of termination or expiry.

10. Warranties

10.1 AIL warrants that it is entitled to grant the licence granted to End User under clause 3.1 of this Schedule 2.

10.2 End User acknowledges that it does not rely on any representation, warranty, term or condition except as expressly provided in this Schedule 2, and any conditions, warranties or other terms implied by statute or common law are excluded from this Schedule 2 to the fullest extent permitted by law. 

10.3  Without limiting the scope of clause 10.2, AIL does not give any warranty, representation or undertaking:

• as to the availability or quality of AirBooks, including any fitness for a particular purpose or merchantability, including that AirBooks will meet any particular learning needs; or
• that the use of AirBooks or the exercise of any of the rights granted under this Schedule 2 will not infringe any Intellectual Property Right or other rights of any other person.

 

11.  Limitation of AIL liability

11.1  In no event will AIL, under any circumstances, be liable, whether in tort (including negligence), contract or otherwise, to the End User for any:

• loss or corruption of data; or
• indirect, consequential or special loss or damage,
• however caused, arising out of or in connection with this Schedule 2 or the supply or use of AirBooks.

11.2 In no event will AIL’s liability to End User, whether in tort (including negligence), contract or otherwise, arising out of or in connection with this Schedule 2 or the supply or use of AirBooks exceed in aggregate the amount of USD $200.

12. Assignment

12.1 End User may not assign or transfer any of its rights or obligations under this Schedule 2. End User agrees that AIL may assign, novate or otherwise transfer its rights and obligations under this Schedule 2.

ANNEX 1

Access: AirBooks is accessed through End User web browser, or IOS or Android applications downloaded by End User.

AirBooks is available online on any device that has a web browser. For the best reading experience End User can download and use the Inkling Axis reader application for Android and iOS. These applications are available from the application stores.  AIL does not make any warranty or representation about the Inkling Axis reader application, and any use of the application is at End User own risk.