By signing up you agree to the following Legal Terms and Conditions
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 FlightStats Evaluation Agreement (this "Agreement") between Customer (also called "you" and "your") and FlightStats, Inc. ("FlightStats"). 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 FlightStats APIs (the "FlightStats Services") and the information provided therein (the "FlightStats Data"), upon your acceptance of this Agreement. Individuals working as employees or contractors hired by Customer are called "Customer Users" in this Agreement.
You may not:
All costs associated with Customer's accessing and supporting the FlightStats 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 FlightStats Services by Customer Users. FlightStats may collect, retain, and use data and information regarding Customer and Customer Users who use the Service. FlightStats may only use and disclose any personally identifiable information about Customer Users for FlightStats' own internal purposes.
This Agreement is designed solely to let you evaluate the FlightStats Services. Such evaluation period is intended to be limited in duration, generally thirty (30) days or less. Should you desire to use the FlightStats Services beyond your evaluation period, you shall be required to execute a FlightStats 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://developer.flightstats.com/about/terms_for_paid_accounts.
Ownership and Use of FlightStats Services. Customer acknowledges the FlightStats Services and documentation are owned by and shall remain the exclusive property of FlightStats. No rights in the FlightStats Services and documentation are granted or conveyed by FlightStats other than the limited right to use them as set forth in this Agreement.
Ownership and Use of FlightStats Data. Customer acknowledges that all FlightStats Data provided or available to Customer or Customer Users through the FlightStats Services is owned either by FlightStats or by FlightStats' third-party data providers and that neither Customer nor Customer Users shall acquire any ownership or interest whatsoever in such data.
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 FlightStats Data available through the FlightStats Services has been compiled from various sources, and FlightStats disclaims all responsibility for checking and verifying that the FlightStats Data is 100% accurate. Consequently, FlightStats 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. 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.
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.