End-user license agreement

Last updated: 01.11.2023

This End-User License Agreement (referred to as the “EULA”) is a legally binding agreement between you, the Licensee, an individual customer or entity, and Aero Services GbR, the company, and the author of Skylog, the Software, which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that includes terms that limit your legal rights and Licensors’ liability to you, and shall govern all access to and use of this Software. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.

By installing, copying, or otherwise using the Licensed Product (Software), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee may not download, install, or use Software.

Definitions

“EULA” shall refer to this End-User-License-Agreement, including any amendment to this Agreement.

“Licensee” shall refer to the individual or entity that downloads and uses the Software.

“Licensor” shall refer to the company or author, Aero Services GbR, located at Hasenweg 1, 86836 Graben, Germany.

“Software/Licensed product” shall mean Skylog, the Licensed Product provided pursuant to this EULA.

Grant of License

Subject to the terms of this EULA, the Aero Services GbR hereby grants to the Licensee, a royalty-free, revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Software. The Software is being distributed by Aero Services GbR. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs.

Intellectual Property

You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Licensed Product reside with the Licensors. The trademarks, logos, designs, and service marks appearing on the Licensed Product are registered and unregistered marks of Licensor.  Accordingly, nothing in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in the Licensed Product.

Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Licensor. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.

Description of Rights and Limitations

The Software is licensed, not sold, to the Licensee. The Licensor owns all rights, title and interest in and to the Software, including all copyright, patent and other intellectual property or other proprietary rights in the Software. No title to or ownership of the Software or any associated intellectual property or proprietary rights are transferred to the Licensee by this Agreement.

Installation and Use: Licensee may use the Software on a computer, a mobile phone or concurrently on different devices, solely for Licensee’s use within Licensee’s business or personal use.

Reproduction and Distribution:  Licensee may not duplicate or re-distribute copies of the Software, without the Licensors express written permission.

Licensee Limitation: The Licensee may not:

1. Use the Licensed Product for any purpose other than personal and non-commercial purposes;
2. Use the Licensed Product for any illegal or unlawful purpose;
3. Gather factual content or any other portion of the Licensed product by any automated means, including but not limited to database scraping or screen scraping; or
4. Reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.

Personel Data

With respect to all Personal Data entered, transferred or stored in the Licensed product, the Licensee is the data controller, and the Licensor is the data processor (as defined in the GDPR).

The Licensor’s processing of Personal Data on behalf of the Licensee in relation to the usage of the Software is regulated by the Data Processing Addendum, which the Parties enter upon the Licensee’s subscription to the Software license together with this EULA.

Data loss compensation

Aero Services GbR is in no way liable for indirect loss, consequential loss, loss of data or loss of time. Loss of earnings or defaulted earnings and/or savings are also considered indirect loss.

The Licensor shall not be liable under or in connection with this License or any collateral contract for:

• loss of income;
• loss of business profits or contracts;
• business interruption;
• loss of the use of money or anticipated savings;
• loss of information;
• loss of opportunity, goodwill or reputation;
• loss of, damage to or corruption of data; or
• (any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Limitations to the Licensor’s liability

The Licensor shall not pay damage or compensate the Licensee for any indirect or consequential loss, including, but not limited to, loss of expected earnings, expenses for remedial action of damage to or errors in data uploaded by the Licensee, internal time spent by the Licensee or third parties hired by the Licensee on remedial actions, loss or reconstruction of data, or any loss resulting from the cover of purchases made.

Force Majeure

Neither Party is liable for any delay or defects because of circumstances beyond the reasonable control of the concerned Party (force majeure), including in the event of mobilisation, war, natural disasters, strikes/lockouts, restrictions with respect to use of power and/or communication lines, including power blackout and breakdown of communication lines, which the Party could not within reason have foreseen, avoided or overcome. In the event of force majeure, the Parties’ obligations are suspended as long the event is reasonably deemed to continue. Force majeure may only be claimed if the concerned Party has notified the other Party thereof no later than ten (10) days after the event of force majeure has occurred.

Update and Maintenance

Aero Services GbR shall provide updates and maintenance on a as-needed basis.

Support

Aero Services GbR has no obligation to Software support, or to continue providing or updating any of the Software.

General Provisions

Termination

In the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to discontinue accessing or attempting to access this Licensed product.

Accordingly, this EULA may be:

1. Automatically terminated if the Licensee fails to comply with any of the terms and conditions under this EULA;
2. Terminated by Aero Services GbR; or
3. Terminated by the Licensee.

Either Aero Services GbR or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.

Non-Transferability

The Licensee has the option to permanently transfer all rights under this Agreement, provided the recipient agrees to the terms of this EULA. Accordingly, this EULA is not assignable or transferable by the Licensee without the prior written consent of Aero Services GbR; and any attempt to do so shall be void.

Notice

Any notice, report, approval or consent required under this EULA shall be in writing and deemed to have been duly given if delivered by recorded delivery to the respective addresses of the parties.

Integration

Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgement of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this EULA.

Severability

No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. Suppose any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.

Warranty and Disclaimer

Aero Services GbR, and author of this Software, expressly disclaim any warranty for the Skylog. The Licensed Product and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the Software.

Limited Liability

The Licensee agrees that the Aero Services GbR shall not be liable to Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Aero Services GbR has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy. Under no circumstances shall Aero Services GbR aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the actual monetary amount paid by the Licensee to Aero Services GbR for the Software.

Indemnification

You hereby agree to indemnify and hold Aero Services GbR harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against Aero Services GbR, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.

Entire Agreement

This Agreement rightly constitutes the entire understanding between the Aero Services GbR and the Licensee and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.

Governing Law and Jurisdiction

This EULA shall be deemed to be construed under the jurisdiction of the courts located in Germany, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this EULA shall be brought exclusively in the courts of Germany, and all parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, legal fees. Accordingly, this EULA is made within the exclusive jurisdiction of the Germany, and its jurisdiction shall supersede any other jurisdiction of either party’s election.