You the Customer (the entity or person listed in the sign up form) acknowledge and agree to be bound by the terms and conditions of this Cirium Evaluation Agreement (this "Agreement") between Customer (also called "you" and "your") and Reed Business Information Inc. ("Cirium"). If for any reason you do not agree to be bound by each and every term of this Agreement, you should exit the license process.
This Agreement grants you a non-exclusive, nontransferable and terminable license to use the Cirium APIs (the "Cirium Services") and the information provided therein (the "Cirium Data"), upon your acceptance of this Agreement. Individuals working as employees or contractors hired by Customer are called "Customer Users" in this Agreement.
- Redistribute data received from any single query to multiple devices.
- Cache or store data received via the Cirium Services.
- Lend, rent, sell or grant sublicenses, leases or other rights to access the Cirium Services.
- Sell, sublicense, or otherwise transfer any part of the Cirium Data received through the Cirium Services to third parties, except as permitted above.
- Reverse engineer, disassemble, or decompile the Cirium Services, any password or security device used with the Cirium Services, or make any attempt to discover the source code or scripts used to provide the Cirium Services.
- Modify the Cirium Services or the Cirium Data or any security devices without the written permission of Cirium.
- Remove any Cirium or third party names, trademarks, copyright notices or other proprietary rights notices.
- Use the Cirium Services or the Cirium Data in any way that may infringe any copyright or proprietary interests of Cirium or Cirium' third-party data providers, or any other third parties.
- Use the Cirium Services or the Cirium Data for any passenger rights claims actions, for example actions pursuant to EU Regulation 261/2004.
All costs associated with Customer's accessing and supporting the Cirium Services shall be the sole responsibility of Customer. Customer will establish and enforce reasonable procedures to ensure that Customer can control and account for access to and use of the Cirium Services by Customer Users. Cirium may collect, retain, and use data and information regarding Customer and Customer Users who use the Service. Cirium may only use and disclose any personally identifiable information about Customer Users for Cirium' own internal purposes.
This Agreement is designed solely to let you evaluate the Cirium Services. Such evaluation period is intended to be limited in duration, generally thirty (30) days or less. Should you desire to use the Cirium Services beyond your evaluation period, you shall be required to execute a Cirium Services Agreement that will address issues such as Service Level Agreement, Marketing Rights, Confidentiality, Warranties, Indemnity and more. An example of this Agreement can be found at: https://www.cirium.com/terms-and-conditions.
OWNERSHIP AND USE OF SERVICES AND DATA
Ownership and Use of Cirium Services. Customer acknowledges the Cirium Services and documentation are owned by and shall remain the exclusive property of Cirium. No rights in the Cirium Services and documentation are granted or conveyed by Cirium other than the limited right to use them as set forth in this Agreement.
Ownership and Use of Cirium Data. Customer acknowledges that all Cirium Data provided or available to Customer or Customer Users through the Cirium Services is owned either by Cirium or by Cirium' third-party data providers and that neither Customer nor Customer Users shall acquire any ownership or interest whatsoever in such data.
DISCLAIMER, LIMITATION OF WARRANTIES AND LIABILITY
Warranties. Each party warrants that (a) it has the full power and authority to enter into this Agreement and to perform the obligations contained in this Agreement, and (b) its entry into, and performance under this Agreement, will not violate any law, statue or regulation or result in a breach of any material agreement or understanding to which it is bound.
No Performance Warranties. The Cirium Data available through the Cirium Services has been compiled from various sources, and Cirium disclaims all responsibility for checking and verifying that the Cirium Data is 100% accurate. Consequently, Cirium provides no performance warranties to Customer or to Customer Users, AND IN THE ABSENCE OF SUCH WARRANTIES FLIGHTSTATS SPECIFICALLY PROVIDES THE FLIGHTSTATS SERVICES AND FLIGHTSTATS DATA ON AN "AS IS" BASIS.
TERM AND TERMINATION
Term. The term of this Agreement shall commence on the date on which you complete the evaluation account sign-up process and shall remain in effect until such time that your evaluation period expires.
Cirium' Termination Rights. Cirium may terminate or suspend performance of this Agreement immediately, for any reason, with or without notice to Customer. Cirium reserves the right to terminate or suspend Customer's use in whole or in part if, in Cirium' sole judgment, use of the Cirium Services by Customer or Customer Users (i) presents a material security risk or will interfere materially with the proper continued operation of the Cirium Services or Cirium Data or related services; (ii) jeopardizes Cirium' relationships with its third-party data providers, or any other third party; (iii) violates applicable laws or governmental regulations, including without limitation consumer protection, securities regulation, child pornography, obscenity, data privacy, data transfer and telecommunications laws; (iv) violates or infringes any intellectual property right of Cirium or a third party; (v) violates export control regulations of the United States or other applicable countries; (vi) otherwise violates this Agreement or any published Terms of Use Policy of Cirium; or (vii) is subject to an order from a court or governmental entity stating that such use generally or for certain activities must stop. Upon any termination or expiration of this Agreement for any reason, Cirium shall cease to provide and Customer shall cease to access the Cirium Data and the Cirium Services.
MISCELLANEOUS
Entire Agreement; Severance. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter. Each separate provision or term herein shall be treated as a separate and independent "clause," and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein. The parties agree that should a court determine that any clause hereof is unenforceable, then the court may strike only that clause and interpret the Agreement without such unenforceable clause in order to give effect, to the fullest extent permissible, to the intentions of the parties manifested in such unenforceable clause. The validity, construction, and performance of this Agreement shall be governed by the laws of the state of Oregon, without reference to conflict of laws principles.
I, A CUSTOMER USER AUTHORIZED TO LEGALLY BIND CUSTOMER TO THIS FLIGHTSTATS SERVICES AGREEMENT, ACKNOWLEDGE THAT I HAVE READ THE FOREGOING TERMS OF THIS AGREEMENT AND I INDICATE THE INTENTION OF CUSTOMER TO BE LEGALLY BOUND BY THIS AGREEMENT.
