Conditions of Use : Aviation Scholarship Directory, Phoenix Flight Publications

Summary: What the following legalese basically says is that you agree that the info you purchase from us is for your own personal use only, and that you will not re-sell any of it or copy chunks to distribute freely. Now the legalese:

End-User License Agreement

Limited Warranty & Limitation of Liability

Effective August 2007

Important, read carefully: This agreement (the "Agreement") is a legal agreement between you (whether as an individual or an organization) and Phoenix Flight Publications. (hereinafter "Phoenix Flight," " Phoenix Flight Publications," or "we.") By purchasing, installing, copying, downloading, accessing or otherwise using the information (hereinafter the "Data" or the "Phoenix Flight Data") contained on this Internet site (hereinafter the "Site") or in this electronic file, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not access or use the Phoenix Flight Data.

The Phoenix Flight Data is the property of Phoenix Flight Publications. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, protect the Phoenix Flight Data.

LIMITED, NON-EXCLUSIVE RIGHTS TO ACCESS AND USE PHOENIX FLIGHT DATA:

Phoenix Flight Publications grants you, as an individual or an organization, a non-exclusive license to use the Data, This is a limited license, which applies to a single user (or to multiple users, depending on the term specified in your subscription). Organizations desiring multi-user licenses may purchase additional rights at reasonable cost by contacting Phoenix Flight Publications, 505-699-9183, www.phoenixflightpublications.com, email: customerservice@phoenixflightpublications.com.

LIMITED RIGHTS TO STORE AND DISPLAY EBOOKS BY MULTI-USER LICENSEES:

Multi-user licenses, purchased by an organization, for non-exclusive use of eBooks, allows you, the user, to download, save and store the eBooks on any computers on the organization's premises, PROVIDED THAT they are not made available on any server, intranet, or Internet that can be accessed by users who are not employees or clients of your organization (or students of your school/university), as described elsewhere in this agreement. Members of your organization may access the eBook from your computers on-site.

LIMITED RIGHTS TO EXPORT OR COPY DATA, SUBJECT TO CONTINUED COPYRIGHT NOTICE AND LIMITED WARRANTY:

Limited exporting or copying of certain limited amounts of Data for personal use is allowed, PROVIDED THAT: 1) The exported Data is for use by one organization, company or individual only. 2) The exported Data will not be re-sold, posted to an Internet-based file that can be accessed by users who are not employees or clients of your organization (or students of your school/university), commercially published, or broadly distributed outside of the organization/corporation that has purchased the Phoenix Flight Data. 3) Broad use or resale is not allowed. 4) Violators will be subject to all penalties allowed by law. Rights under this license may not be sold or transferred. Data which may be exported or copied under the rights conferred through this paragraph may consist of any of the following: i. Up to 500 words of text for use in any one summary/report; or, ii. Organization names, addresses, telephone numbers, and descriptions. However, said Data must be immediately followed by this information in a font size that is clearly legible and of no less than 9 points in size: Copyright (c) Phoenix Flight Publications, www.phoenixflightpublications.com, all rights reserved. Also, no export, copying or use permission is granted under this license for any Data (such as charts, tables, graphics or blocks of text) that is marked with the copyright of any owner other than Phoenix Flight Publications, or that is marked with any restriction such as "copying prohibited."

Printing of Internet-based Data: To the extent that printing of Internet-based Data is enabled on Phoenix Flight Internet sites, subscribers may print out copies of Data for personal use or for distribution of a small number of copies of limited amounts of Data for distribution within the subscriber's organization, with the understanding that ALL copyright, ownership, limited warranty and limited use restrictions stated in this End User License remain in effect.

Your Account and Password

In the event you are issued a username and password, you are responsible for maintaining the confidentiality of the password and for restricting access to its use. You agree that Phoenix Flight, in its sole discretion and without notice, may terminate your password, account (or any part thereof), or access to or use of the Service or any portion thereof at any time if Phoenix Flight believes that you have violated or acted inconsistently with this Agreement. You agree to:

(a) notify us immediately of any unauthorized use of your password, username, or account or any other breach of security, and

(b) exit from your account at the end of each session.

Privacy and Protection of Your Information

See our Privacy Policy (the "Privacy Notice" link at the bottom of every page of www.phoenixflightpublications.com) for our policy relating to the collection and use of your information by Phoenix Flight Publications. This Policy may be altered from time to time.

LIMITED WARRANTY:

THE DATA MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT YOUR USE OF THE DATA IS AT YOUR SOLE RISK. PHOENIX FLIGHT PUBLICATIONS DOES NOT WARRANT THAT THE DATA OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WHILE PHOENIX FLIGHT PUBLICATIONS HAS MADE EFFORTS TO OBTAIN THE DATA FROM SOURCES DEEMED RELIABLE, PHOENIX FLIGHT PUBLICATIONS, ITS AGENTS, LICENSORS AND AFFILIATES MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA, THE INSTALLATION, ACCESSIBILITY OR USABILITY OF AN ELECTRONIC FILE OR INTERNET SITE, OR ANY OTHER ASPECT OF THE DATA. THE DATA IS PROVIDED TO THE END-USER "AS IS" WITHOUT WARRANTY OF ANY KIND. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PHOENIX FLIGHT PUBLICATIONS, ITS EMPLOYEES, AGENTS, DISTRIBUTORS OR REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY, AND THE SUBSCRIBER OR END-USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Among other things, this Limited Warranty applies to your ability to install or download an electronic file or software or such an installation's effects on your computer or other electronic devices. Phoenix Flight Publications assumes no liability and does not guarantee that this Data will install or function correctly on your computer or other electronic devices and further does not guarantee or accept any liability for the results of your attempt to install this Data, including any fault or dysfunction (including, but not limited to: computer viruses and/or alterations to computer files, registries or setups) to your computer or electronic devices that may be caused by installation or use. PHOENIX FLIGHT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU DOWNLOAD ANY MATERIAL THROUGH THE USE OF THE SERVICE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHOENIX FLIGHT OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Customer Remedies: Phoenix Flight Publications and its suppliers' entire liability and your exclusive remedy shall be, at Phoenix Flight Publications' sole discretion, either (a) return of the price paid, if any, or (b) repair or replacement of the product that does not meet Phoenix Flight Publications' Limited Warranty and that is returned to Phoenix Flight Publications with sufficient evidence of or receipt for your original purchase.

NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOENIX FLIGHT PUBLICATIONS AND ITS AGENTS, AFFILIATES AND LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHOENIX FLIGHT PUBLICATIONS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER INTANGIBLE LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ABILITY TO OBTAIN OR RETAIN EMPLOYMENT OR REMUNERATION, ABILITY TO PROFITABLY MAKE AN INVESTMENT, OR ANY OTHER PECUNIARY LOSS) CAUSED IN PART OR IN WHOLE BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE PHOENIX FLIGHT DATA, ARISING OUT OF THE INSTALLATION OF, USE OF, OR RELIANCE UPON THIS DATA, OR THE INABILITY TO USE THIS DATA (WHETHER IN ELECTRONIC OR PRINTED FORM) OR THE FAILURE OF PHOENIX FLIGHT PUBLICATIONS TO PROVIDE SUPPORT SERVICES, EVEN IF PHOENIX FLIGHT PUBLICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PHOENIX FLIGHT PUBLICATIONS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END-USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WHEN USING THE DATA OR ANY OTHER SOURCE FOR BUSINESS INFORMATION, THE USER SHOULD USE CAUTION AND DILIGENCE BY CONDUCTING FURTHER RESEARCH WHERE IT SEEMS APPROPRIATE. THE USER IS ADVISED THAT INFORMATION CAN CHANGE QUICKLY AND THAT THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE PHOENIX FLIGHT DATA.

Export/Import Restrictions and Tariffs

Access to this Site may not be provided by you to anyone for use in any country or used in any manner prohibited by the Unites States Export Administration Act or any other country's export laws, restrictions or regulations. Furthermore, you agree to comply with any import laws, rules and regulations of the countries and jurisdictions where you access and use this Site or receive copies of any technical information or other materials. You agree to indemnify Phoenix Flight and hold Phoenix Flight harmless from an fines or other penalties, as well as any tariffs, import or export taxes, levied with respect to your use of this Site by jurisdictions in which you access and use it, or from which you export information from this Site, or for any violation of the requirement not to provide access to and use of this Site for use in any country prohibited by the United Stares Export Administration Act or any other export laws, restrictions or regulations.

Termination

You agree that Phoenix Flight, in its sole discretion and without notice, may terminate your password, account (or any part thereof), or access to or use of the Service or any portion thereof at any time if Phoenix Flight believes that you have violated or acted inconsistently with this Agreement. Phoenix Flight may prohibit or restrict access to the Service to anyone at any time, with or without cause. Phoenix Flight may also in its sole discretion and at any time discontinue providing the Service, or any part of it, temporarily or permanently. Phoenix Flight will make reasonable commercial efforts to provide notice of any such discontinuation to you. You agree that Phoenix Flight shall not be liable to you or any third party for any termination of your access to the Service or for any modification, suspension, or discontinuation of the Service beyond the refund of the unexpired portion of any subscription fee you have paid. Subscribers may not ask for a cancellation or early termination of a subscription period once the order has been placed. This restriction is made due to the fact that subscribers are enabled to copy and or download information once their subscription has been turned on.

Hypertext Links

This site may contain links to sites operated by third parties over which Phoenix Flight has no control. Phoenix Flight makes no representations whatsoever about any other Web site that you may access through this one. Links imply neither that Phoenix Flight is affiliated with or otherwise endorses any third parties nor that it is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Phoenix Flight.

U.S. and international copyright laws and treaties protect this Site and its content. You agree to comply with all copyright laws in your use of this Site and to prevent any unauthorized copying of this Site and its contents. The copyright in all material provided on this Site is held by Phoenix Flight or by the original creator of the material.

Except for the copying allowed under "LIMITED RIGHTS TO EXPORT OR COPY DATA, SUBJECT TO CONTINUED COPYRIGHT NOTICE AND LIMITED WARRANTY" above, you may not copy, reproduce, distribute, republish, download, display, post, or transmit any Site content or software in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of Phoenix Flight or the copyright owner. You may not "mirror" or "frame" any material contained on this Site or on any other Phoenix Flight server without Phoenix Flight’s express prior written permission. Except as expressly provided in this Agreement, Phoenix Flight does not grant any express or implied right to you under any patents, trademarks, copyrights, or other similar rights.

Phoenix Flight’s Copyright Agent for Notice of claims of copyright infringement can be reached at: Phoenix Flight Publications, ATTN: Copyright, 50 Johnson Mesa, Suite #201, Santa Fe, NM, 87508 USA.

If you believe that there is any content on the Site that infringes your copyrighted work, please provide the following information to Phoenix Flight’s Copyright Agent:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on this Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

U.S. Government Restricted Rights

Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 [c] (1-2) (June 1987). Government users will received no greater Limited Rights as defined in FA 52.227-14 (June 1987) or DFAR 252.227-7015(b)(2) (November 1995), as applicable in any technical data at this site.

Trademarks

The Phoenix Flight Publications name, logo and other trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Phoenix Flight Publications, or an affiliate of Phoenix Flight. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without our express prior written permission. Phoenix Flight prohibits use of phoenixflightpublications.com, Phoenix Flight Publications and other Trademarks as part of a link to or from any site unless approved in advance by Phoenix Flight in writing. You may not use any metatags or any other hidden text utilizing phoenixflightpublications.com, Phoenix Flight Publications, or other Trademarks without our express prior written consent.

General

Governing law; jurisdiction. The laws of the State of New Mexico, United States of America, govern this Agreement in all respects, without regard to its conflicts of law rules. Your conduct may be subject to other laws. You expressly agree that exclusive jurisdiction over any dispute arising from your use of the Site or the Service resides in the federal and state courts located in the County of Santa Fe, New Mexico. You further agree and expressly consent to the exercise of personal jurisdiction in the State of New Mexico, in connection with any dispute or claim involving the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and conditions, including this paragraph.

Indemnification. You hereby agree to indemnify, defend, and hold harmless Phoenix Flight and its officers, directors, shareholders, agents, subsidiaries, affiliates, customers, suppliers, service providers, and employees from and against all claims, demands, and damages (including actual and consequential), of every kind and nature whether known or unknown arising out of or relating to:

(a) your use of, the Service, this Site or any of our printed materials in violation of this Agreement;
(b) any other breach of this Agreement by you; or
(c) your violation of any law or the rights of a third party. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be struck from the Agreement and the remaining provisions shall be given full force and effect.

International Users

This Site is controlled, operated, and administered by Phoenix Flight Publications from its offices within the United States of America. Access to the Site from territories where the Site's contents are illegal is prohibited. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws.

By accessing and using this Site you agree to this Agreement.