Aircraft Owners and Pilots Association

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE ADAPTIVE CURRICULUM SOFTWARE ("AOPA SOFTWARE"). BY USING THE AOPA SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.

1. General.

a. The AOPA Software, and any third party software, documentation, interfaces, locally accessible content, fonts and any data accompanying this License whether in read only memory, on any other media or in any other form (collectively the "AOPA Software") are licensed, not sold, to you by Aircraft Owners and Pilots Association ("AOPA") for use only under the terms of this License. AOPA and/or AOPA’s licensors retain ownership of the AOPA Software itself and reserve all rights not expressly granted to you.

b. AOPA, at its discretion, may make available future upgrades or updates to the AOPA Software. The AOPA Software upgrades and updates, if any, may not necessarily include all existing software features or new features that AOPA releases for newer or other models of iOS devices. The terms of this License will govern any software upgrades or updates provided by AOPA to the original AOPA Software product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.

2. License and Permitted Uses and Restrictions.

a. License.

b. AOPA Membership Required. If you are using the AOPA Software as a Student User (those individuals using the AOPA Software as a general aviation flight training student), you understand, acknowledge and agree that, in addition to your other obligations described herein, your use of the AOPA Software is further conditioned upon you maintaining membership status with AOPA.

c. System Requirements. AOPA Software is supported only on Apple-branded iPad hardware and those web browsers that meet specified system requirements as determined by AOPA.

d. Content. Title and intellectual property rights in and to any content displayed by or accessed locally through the AOPA Software, other than content you enter into the AOPA Software, belongs to AOPA. Such content may be protected by copyright or other intellectual property laws and treaties. Except as otherwise provided in this License, this License does not grant you any rights to use such AOPA Software content outside of the AOPA Software itself, nor does it guarantee that such content will continue to be available to you.

e. Third Party Content. Within the AOPA Software, links to third-party content may be included which will direct you to third-party websites and content. AOPA is not responsible for such third-party websites or their content. AOPA does not own, nor does it license to you any third-party content. If you choose to click a link provided in the AOPA Software that directs you to third-party content, you do so at your own risk. AOPA is not responsible for how any of your personal information may be handled after being collected by a third-party website and strongly encourages you to review any third-party website’s privacy policies.

f. No Reverse Engineering. You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the AOPA Software or any services provided by the AOPA Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the AOPA Software).

g. Compliance with Laws. You agree to use the AOPA Software and the services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the AOPA Software and services. Features of the AOPA Software may not be available in all languages or regions and some features may vary by region.

h. Automatic Updates. If you choose to allow automatic app updates, your device will periodically check with AOPA for updates and upgrades to the AOPA Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within Settings.

3. Consent to Use of Data.

a. Diagnostic and Usage Data. You agree that AOPA and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your iOS device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve AOPA’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the AOPA Software, and to verify compliance with the terms of this License. AOPA may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable AOPA’s affiliates and subsidiaries (collectively "Affiliates") and third party developers to improve their software, hardware and services designed for use with AOPA products, without limitation, AOPA may also provide any such Affiliates or third party developer with a subset of diagnostic information that is relevant to that Affiliates’ or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.

b. Personally Identifiable Information. You understand, acknowledge and agree that through your use of the AOPA Software, AOPA may collect certain information from you which may be personally identifiable. Such information shall be used and treated by AOPA in accordance with AOPA’s Privacy Policy, which can be viewed at: https://www.aopa.org/privacy-policy.

4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from AOPA if you fail to comply with any term(s) of this License, non-payment of AOPA Software Fees, and/or (in the case of Student Users (those individuals engaged in general aviation flight training as students)) termination and/or non-payment of your AOPA membership. Upon the termination of this License, you shall cease all use of the AOPA Software and uninstall all copies, full or partial, of the AOPA Software.

5. Disclaimer of Warranties.

a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE AOPA SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE AOPA SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AOPA SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AOPA AND AOPA’S LICENSORS (COLLECTIVELY REFERRED TO AS "AOPA" FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AOPA SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

c. AOPA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AOPA SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE AOPA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE AOPA SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE AOPA SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE AOPA SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES.

d. YOU FURTHER ACKNOWLEDGE THAT THE AOPA SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE AOPA SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

e. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AOPA OR AN AOPA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY SHOULD THE AOPA SOFTWARE OR SERVICES PROVE DEFECTIVE.

6. Limitation of Liability.

a. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL AOPA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AOPA SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE AOPA SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AOPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall AOPA’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

b. Flight School Provision of Access to AOPA Software. If, as a Student User, your access to the AOPA Software is provided to you by your flight school, you acknowledge and agree that any failure on the part of the flight school to abide by the terms of the AFTA License Purchase Agreement (or any other agreement between the flight school and AOPA for the provision of licenses to the AOPA Software) and/or payment of fees due thereunder may result in suspension or termination of your access to the AOPA Software unless and until such time as the fees associated with your use of the AOPA Software are remitted to AOPA. You agree that you shall not hold AOPA liable for any damages you may incur as a result of termination or suspension of your access to the AOPA Software under this paragraph.

7. Export Control. You may not use or otherwise export or re-export the AOPA Software except as authorized by United States law.

8. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Maryland, excluding its conflict of law principles. The State courts of the State of Maryland or, if the jurisdictional prerequisites exist at the time, the United States District Court for the District of Maryland, shall have sole and exclusive jurisdiction to hear and determine any dispute or controversy arising under or concerning this License. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

9. Updates to this License. AOPA may, from time to time and its sole discretion, update and/or modify the terms of this License. You agree to abide by any and all updates and/or modifications that may be made.

10. Complete Agreement; Governing Language. This License, along with any other signed agreements between you and AOPA, constitutes the entire agreement between you and AOPA relating to the AOPA Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. If you and AOPA have executed an AFTA License Purchase Agreement (or any other agreement between you and AOPA for the provision of licenses to the AOPA Software), the terms of such AFTA License Purchase Agreement shall supersede and control your rights and obligations related to your use of the AFTA Software. No amendment to or modification of this License will be binding unless in writing and signed by AOPA. You may not assign, transfer, or otherwise delegate any right or obligation herein without the prior written consent of AOPA. Any such assignment in violation of this section shall be null and void.