Legal

tERMS AND coNDITIONS

Product Specification

What you get;‍1. The Product as described
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2. Instruction documentation via www.pilotaware.com/knowledglebase.

3. Shipping : see 'Delivery' section below

4. Any EU VAT we are required to charge.
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*Note: Software is licensed to you under the terms that are included in the click through terms for each package.

What you won't get;

1. A Suitable power supply.
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2. A collision avoidance device
PilotAware contains NO collision avoidance algorithms and will NOT give you any advice on how to avoid traffic or any advice to other traffic on how to avoid you.
As Pilot in Command it is your responsibility to take all necessary actions to maintain safe flight, including collision avoidance and the safe use of this software.
PilotAware software is provided for use using Visual Flight Rules in Visual Meteorological Conditions only and is not certified to any standard.
It is a mandatory pre-requisite to using this PilotAware Software, that you have read, understand, agree and comply with the latest installation and operating instructions.
The latest version of these documents are available at pilotaware.com.
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Delivery;

‍1. We aim to ship from our stock within 2 working days
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2. By default we ship from the UK by courier - generally DPD
You can request shipment by regular mail, but as carriers will not investigate claims for loss until 20-25 days after the due delivery date, we cannot offer guaranteed delivery times and can only investigate shipping delays if you have not received your goods in 30 days.
Customers outside of the EU may incur customs duties and charges.
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Returns;

The following apply only to goods purchased directly from PilotAware Limited. For goods purchased via a third party distributor or retailer, please refer back to the source from which the goods were purchased.

Faulty Goods;
1. We offer a minimum warranty period of 12 months from date of purchase- your statutory rights are unaffected.

2. Before returning any goods believed to be faulty, you agree first to contact our technical support team and perform certain diagnostic tests as requested. The
support team can be contacted at www.Pilotaware.com/contact-us.

3. If the diagnostic tests are unable to resolve the problem, you may return the unit so that it can be assessed as a warranty claim. The support team will provide details of the return address.

4. If the device is shown to be faulty and as long as the fault is not the result of improper usage and or attempted modification, we will provide you with a refund of your postage costs incurred when returning the device to us and either provide you with a replacement unit or if you prefer provide you with a full refund of your original purchase costs including the delivery charges.

5. We will use our best efforts to provide fixes or workarounds for any software bugs which prevent use of the system.

Non Faulty Goods;
‍We want you to be happy with your purchase: if you're not, just return the product to us with 14 days, following the instructions below, and we'll exchange or refund it to the person who originally placed and paid for the order by the method used to pay for the original transaction.
It's important that any unwanted item, unless faulty, is returned in a re-saleable condition. We'd expect this to mean that you've kept all original packaging and labels, and that it's undamaged and unused.

1. Customers outside of the UK and EU: we will refund the cost of the goods only

2. UK and EU customers: Consumer Contracts Regulations 2013 This legislation offers you the following cancellation rights when you buy online or by phone:

3. You're entitled to cancel your contract if you wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods.

4. If you wish to exercise your right of cancellation, you're obliged to retain possession of the goods and take reasonable care of them until you return them.

5. To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address.

6. You can cancel by email: finance@pilotaware.com

7. If you decide to cancel, you should return the goods to us at your cost within 14 days of cancellation and we'll reimburse you the amount in relation to goods to which cancellation rights apply. We won't refund your original delivery charge unless the goods are faulty. We'll refund you no later than 14 days after the day we receive the goods back from you.

8. UK Customers: We'll refund any delivery charges you've paid if you return an entire order.
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Terms and Conditions;

Protection of Intellectual Property Rights;
1. PilotAware warrants that the goods and their components do not violate the intellectual property rights of third person in your country. However, PilotAware shall not be liable for infringement of intellectual property rights caused by you when you integrate the delivered goods or their components with your plant and machinery.

2. If a third party holds you liable for violating an intellectual property right that exists in your country, and PilotAware is responsible the following rules shall apply:

a. You shall defend itself against the claims alleged by third parties, both in extra-judicial and in judicial proceedings. PilotAware will offer support to you, provided you notify PilotAware of the third-party claim within a reasonable time. When a final judgment is rendered on such claim, PilotAware will indemnify you for court and legal costs, and, if necessary, satisfy an adverse judgment.

b. If by a final decision it has been determined that the supplied goods or their components violated an intellectual property right in your country, and that this violation prevented you from using the goods, PilotAware, at its own expense, shall have the following choices: It may acquire a license to use the goods; it may replace the goods or change them in a way that they no longer violate the intellectual property right; or it may take the goods back and reimburse you for the purchase price and transportation costs.

3. The above provisions are exclusive, and PilotAware shall not be held liable for any further damages resulting from a direct or indirect violation of intellectual property rights owned by third parties.

4. To the extent that the goods are or may become subject to an intellectual property right of a third party, PilotAware is required to convey to you only those goods to which PilotAware owns the intellectual property rights.

Liability for Defects;
PilotAware's liabilities for defective and nonconforming goods and the breach of an express warranty are governed by the following provisions:

1. If a preexisting design defect or manufacturing defect or the use of low quality materials in the goods entirely or substantially impairs the usefulness of the goods or services, you may assert the following rights within one (1) year from the date of delivery of the goods or performance of the service: You may demand that defects be cured without any additional charge or that defective products or services be replaced by conforming goods or services. You shall give Pilotaware immediate written notice of any defects or any breaches of an express warranty.

2. As a general rule, you are obligated to fulfil in good faith your obligation to pay the agreed-upon price for goods and services. However, in the case of an apparent and undisputed defect in the goods or services, you shall be entitled to delay the payment of the portion of the purchase price reasonably related to the defect.

3. You shall in good faith give Pilotaware reasonable time and access to the goods to cure the defect. If you refuse to provide for a reasonable time or otherwise prevents Pilotaware from curing, Pilotaware's obligation to cure the defect is extinguished.

4. If you provide Pilotaware with a reasonable time to cure, but PilotAware fails to cure the defect within this time, you shall be entitled to rescind from the contract or lower the purchase price.

5. The limitation period for you to demand cure of the defect in goods or services is one (1) year from the date Pilotaware receives notice of such defect.

6. Your remedies for defects are not triggered when the defects are caused by improper treatment or unreasonably heavy use of the goods, applying inappropriate devices to the goods, or exposing the goods to unnecessary chemical substances or electromagnetic or electrical currents.

7. The warranty period for the replacement goods or replacement services shall expire six (6) months after the date of replacement or on the date the original one (1) year warranty on the originally supplied goods or services was to expire, whichever is later.

8. The above provisions are exclusive, and you shall have no further rights against Pilotaware or its agents. In particular, you may not hold Pilotaware or its agents liable for damages on any other goods other than the delivered goods or service. However, this provision shall not apply if, for instance, the product liability law imposes mandatory liability for personal injury or damage to private property. Likewise, the above provision does not apply where Pilotaware acted intentionally or recklessly, or where PilotAware is mandatorily liable for breach of express warranty.

9. Unless otherwise agreed upon in writing, PilotAware does not warrant that the delivered goods comply with the laws of any foreign country.

10. This Contract is governed by English law.

PILOTAWARE END USER LICENCE AGREEMENT

The PilotAware software (“Product”) you are about to install, run and/or use is licensed by PilotAwareLimited, a company registered in England (No 09786359.), whose registered office is 19 John Mcguire Crescent Binley Coventry CV32QG United Kingdom (“PilotAware”), and is subject to the following licence terms (“Licence”).

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By proceeding to install, run and/or use the Product, you confirm that you accept and agree to be bound by the terms of this Licence. If you do not agree to any of the terms of this Licence, PilotAware is unwilling to provide access to the Product to you andyou should not proceed further and may not use the Product.

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1. Licence To Use The Product.
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1.1 Grant of Licence. Subject to the terms of this Licence, PilotAware grants you a non-exclusive, royalty-free, nontransferable, limited licence, without the right to grant sub-licences, to use the Product for your own personal,non-commercial use AS A SECONDARY POSITIONAL AWARENESS AID ONLY subject to the conditions setout below for the term set out below.

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1.2 USE RESTRICTIONS. PilotAware is a secondary positional awareness aid, it is not a collision avoidance device. PilotAware contains NO collision avoidance algorithms and will NOT give you any advice on how to avoidtraffic or any advice to other traffic on how to avoid you. As Pilot in Command it is your responsibility to takeall necessary actions to maintain safe flight, including collision avoidance and the safe use of this software.PilotAware software is provided for use using Visual Flight Rules in Visual Meteorological Conditions only and isnot certified to any standard. It is a mandatory pre-requisite to using this PilotAware Software, that you haveread, understand, agree and comply with the latest installation and operating instructions. The latest version of these documents are available at pilotaware.com.

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1.3 Data. In using The Product you will receive and transmit data regarding the identity and position of your own andother aircraft. You are granted the right to use this data for the purposes of secondary positional awareness and you grant PilotAware the right to use and transmit your aircraft identity and positional data.
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1.4 Restrictions. You may not: (a) use the Product for or on behalf of anyone else (which includes operating any formof facility on behalf of anyone else or operating a software bureau service); (b) license, sub-license, sell, re-sell, transfer, assign,distribute or otherwise commercially exploit or make available to any third party the Product; (c) copy or create derivative works fromthe Product or any part of it, including to produce a similar product; or (d) modify, disassemble, decompile or reverse engineer theProduct, except to the extent specifically authorised under applicable law notwithstanding contractual prohibition and provided thatyou first request PilotAware to make available to you interface information needed to achieve interoperability between an independentprogram and the Product. Such request must be submitted to PilotAware in writing and such information, if provided by PilotAware,shall be: (i) used by you solely for the purpose of achieving the required interface interoperability; and (ii) treated by you as ConfidentialInformation (as defined in section 2 below).

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1.5 Open Source Software. The Product may contain code, commonly referred to as open source software, which isdistributed under any of the many known variations of open source licence terms, including terms which allow the free distribution andmodification of the relevant software’s source code and/or which require all distributors to make such source code freely availableupon request, including any contributions or modifications made by such distributor (collectively, “Open Source Software”). To the extent that the Product contains any Open Source Software, that element only is licensed to you pursuant to the relevant licence termsof the applicable third party licensor (“Open Source Licence Terms”) and not pursuant to this Licence, and you accept and agree tobe bound by such terms. A copy of the Open Source Licence Terms will be made available upon request.

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1.6 TERM This Software is licensed for a period of one year (or such other term as may be agreed by PilotAware) andis renewable by taking out a further subscription at www.pilotaware.com. The Software contains code that will prevent operationbeyond the licensed Term

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2. Confidentiality Obligations. You acknowledge that the Product contains confidential, proprietary and trade secretinformation belonging to PilotAware and you agree to hold such information, and any other confidential or proprietary information ofPilotAware (collectively "Confidential Information") in strict confidence and agree not to disclose any Confidential Information to anythird party. You will have no obligation to maintain the confidentiality of any information which: (a) is or becomes publicly availablewithout breach of this Licence; (b) is rightfully received by you from a third party without an obligation of confidentiality and withoutbreach of this Licence; (c) is required to be disclosed by law or regulation or by court order; or (d) has been approved for release bywritten permission of PilotAware.

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3. Ownership. You acknowledge and agree that PilotAware or its third party licensors own all rights, title and interest in and to the Product and all modifications, enhancements and derivative works PilotAware may develop to or from the Product andany and all intellectual property rights in all of the foregoing. You agree not to use any of PilotAware’s trade marks or other businessnames included in the Product for any purpose. You acknowledge that, except as expressly set out in this Licence, nothing in thisLicence willl give you rights in respect of any intellectual property rights owned by PilotAware or its licensors. All intellectual propertyrights and other rights of PilotAware and its licensors which are not expressly granted to you by this Licence are reserved.

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4. Limited Warranty. PilotAware warrants that the Product will, under normal operating conditions, operatesubstantially in accordance with PilotAware’ published specification for the Product. PilotAware does not represent or warrant that: (a)the use of the Product will be secure, timely, uninterrupted or error-free or compatible in combination with any other hardware,software, system or data; (b) the Product will meet your expectations; (c) errors or defects in the Product will be corrected; or that (d) PilotAware 2 Software License v1.1 Nov 2020 0the Product is free of viruses or other harmful components. PilotAware makes no representation and gives no warranty in respect ofany Open Source Software component of the Product.Except as expressly set out in this Licence, no implied conditions, warranties or other terms, including any implied terms relating tosatisfactory quality or fitness for any purpose, will apply to the Product and, to the maximum extent permitted by applicable law, areexcluded by PilotAware.

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5. PilotAware’ Liability. Nothing in this Licence will limit or exclude PilotAware’ liability to you: (a) for death orpersonal injury caused by PilotAware’ negligence; (b) for fraud; (c) for breach of any obligations implied by section 12 of the Sale ofGoods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) for any other liability that may not, under applicablelaw, be limited or excluded. Subject to this, in no event will PilotAware be liable to you for any indirect or consequential losses, or forany loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability PilotAware does have for losses you sufferarising under or in connection with this Licence and/or the Product is strictly limited to losses that were reasonably foreseeable.

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6. General. You may not transfer or assign any or all of your rights and/or obligations under this Licence. All noticesgiven by you to PilotAware must be given in writing to PilotAware’ registered office address. If PilotAware fails to enforce any of ourrights, that does not result in a waiver of that right. If any provision of these terms and conditions is found to be unenforceable, all otherprovisions shall remain unaffected. The terms of this Licence may not be varied except with PilotAware’ express written consent. Theterms of this Licence represent the entire agreement between you and PilotAware in relation to the subject matter of this Licence. Theterms of this Licence shall be governed by English law and you agree that any claim you may have against PilotAware arising under or in connection with this Licence and/or the Product may only be dealt with by the English courts, provided that, if you are a consumer:(a) and you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will governand any claim may be brought by you before the courts there; or (b) you live in another member state of the European Union, anyclaim may be brought by you before the courts there.

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Software License v1.1 Nov 2020

SLA v1.1 Download

Contact Policy

We look forward to hearing from you on the phone, via email, at events, on our social media pages and on the PilotAware forum.

We encourage discussion and questions relevant to our electronic conspicuity devices, related accessories, navigation applications, and political discussion. We expect comments to be courteous and follow the general rules of respectful civil discourse. With these expectations in mind, we will exercise our right to end conversations, including removing comments online, that include any of the following:

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Contain obscene, indecent, harassing, offensive, threatening or profane language or libelous or defamatory statements of any kind;
Contain hate speech directed at race, colour, sex, sexual orientation, national origin, ethnicity, age, religion, or disability;
Attacks PilotAware employees;
Contain spam or are intended to cause technical disruptions to this page;
Promote or endorse services or products, particularly if they are not Free Software, Libre Innovation, or Open Source Hardware;
Contain irrelevant links or contain advertisements;
Violate a social media network's terms of service; or
Violate any laws or regulations, including patent, trademark, and copyright.

In addition, we will remove comments or posts with gratuitous links to sites as we consider this spam. We reserve the right to delete excessive wall postings to improve the overall visitor experience. Anyone repeatedly posting material or participating in activity that violates these guidelines will be banned from participating on our social media pages.To protect your privacy, please do not include personal information (e.g. e-mail address, street address, phone number) in the text of your comment or posts to our social media pages.

lEgal

tERMS AND coNDITIONS

Product Specification

PILOTAWARE END USER LICENCE AGREEMENT

Contact Policy