Loading...
HomeMy WebLinkAboutSales Order for Augusta Regional Airport Augusta Richmond GA . t\) . '\ A',(pori DOCUMENTNAME:SoJe.s orcle,rol AJ~ ~Jon~ DOCUMENTTYPE: ~G<-n"eJ'b YEAR: 0 2- BOX NUMBER: Y1 FILE NUMBER: lloLI'-i2 NUMBER OF PAGES: ~ . a es r er or u~usta eglOna Irpor # Of Units Total , ;.....~i- ~/CHTExpl<orer " 1 $220/mo FL./CHTExplorer . 1 $59/mo Select Edition Year 1 Total $3348 5% prepaid discount $167.40 Total Annual Due $3180.60 :J Billing Plan: Billing cycle: Agreement Start Date: Change Effective Date: Agreement End Date: Type of Business: A~ie~~ 7l~ usta, GeOr~iaCf!J(I) ,lfl..ltHTExplorer@ S I 0 d ~ A R I AO t 3- Year Agreement Annual 1 week past date of signing 2 yrs and 365 days past agreement start date FBO AGS New Agreement. The revised licensing agreement for the city of Augusta is attached. gnature Att"t, '1'h 4{1> ~. Clerk Ma or Title 1/ 9 IJ ~ Date arcie Wilhelmi Print Name Chairman Title Date By signing this agreement, I certify that I am an a~thorized representative of the above named Company and have the proper authority to bind and comriUt the Company to pay for all the services provided by Flight Dimensions International, doing business as Flight Explorer pursuant to the service contract a reement. User Contact Information: William Thompson Augusta Regional Airport 1501 Aviation Way Augusta, GA 30906 Phone: 706-798-2656 Fax: 706-796-8933 Email: wt7382co.richmond.a.us Flight Explorer Contact David C, Hubner Flight Explorer 10640 Page Avenue Suite 400 Fairfax, VA 22030 Tel: 703-383-0048 Ext. 127 Mobile: 301-606-8608 Fax: 703-783-1307 Email: dhubner@flightexplorer.com Billing Contact Information: Tanya Johnson City of Augusta 530 Greene St, A-lOI Augusta, GA 30911 Phone: 706-821-1556 Fax: 706-821-2530 Email: .olmsonco.richmond.ga.us USERID Password PRO USERID Password Select FBOAGS 1 JOSHUA FE Internal use only I FBOAGS2 CHIEF Flight Explorer Customer Support: Flight Explorer Customer Support: (8:30am - 6:00pm EST) 703-998-0098 (24x7) 703-998-5350 If Augusta Regional Airport chooses to cancel its subscription to Flight Explorer prior to the close of this 3-year agreement, the fmal balance due will be the difference between the discounted multi-year contract rate and the otherwise applicable 1 year or multi-year contract rate times the number of months Augusta Regional Airport was a subscriber to Flight Explorer. ~ ., License Agreement and User License '.' Flight Explorer i' GENERAL TERMS This License Agreement describes the terms and conditions under which Flight Dimensions International, Incorporated, (dba Flight Explorer) (hereinafter "FE,") is willing to license the use of a Flight Explorer Product, (hereinafter "Software Product'') which may include, amongst other things, associated media, printed materials, and on-line or electronic documentation, to you, (hereinafter referred to as the "Subscriber.") Under this License Agreement, FE will supply the Software Product as necessary to allow access to data transmitted by FE. This data consists of information provided by the Federal Aviation Administration (FAA) and other sources. This data is filtered by the FAA, and other vendors, to remove sensitive information such as military flights. The data, as represented by the Software Product, is for advisory use only. The Software Product is not guaranteed, sponsored, warranted, or endorsed by the FAA. Please read the terms carefully before you install the Software Product. By installing and/or using the Software Product you are bound by the terms of this License Agreement. If you do not agree to these terms, FE will not license your use of the Software Product, and in this case, you must promptly destroy all copies and cease all use of the Software Product. FE and its suppliers provide the Software Product and license its use on the terms and conditions set forth herein. The Software Product is licensed, not sold. The Subscriber assumes responsibility for the Software Product to achieve the Subscriber's intended results, and for the installation, use, and results obtained from the Software Product. GRANT OF LICENSE 1. The Subscriber is granted a personal, non-transferable, and non-exclusive license to use the Software Product under the terms stated in this License Agreement. Title and ownership of the Software Product remain with FE and its suppliers. While the term of this license is indefinite, this License Agreement may otherwise be terminated upon the conditions set forth elsewhere in this License Agreement if the Subscriber fails to comply with its terms and conditions. The Subscriber agrees, upon such termination, to destroy the Software Product along with all copies in any form. Upon termination of this License Agreement, the Subscriber must destroy all copies of the Software Product by deleting it from all computer systems and storage media, including all documentation stored in any form. If the Subscriber makes copies of the Software Product on storage media that cannot be overwritten, i.e., on CD-ROM, then these disks must be promptly returned to FE. 2. The Subscriber understands that its sole point of contact is FE and agrees not to contact the FAA , any FAA air traffic control facility, or the Air Traffic Control System Command Center regarding operational traffic flow management issues or technical or system problems. 3. FE agrees to notify the Subscriber promptly upon discovery of any errors in the Software Product that may materially impair its use or dependability. The Subscriber shall cooperate with FE in any efforts to enter corrections as soon as reasonably possible. 4. The Subscriber, and its officers, employees and/or agents, are required to protect the confidentiality of the Software Product and the supplied data. The Subscriber may not distribute or otherwise make the Software Product or the supplied data available to any third party. The Subscriber may not rent, lease, or lend the Software Product or the supplied data, and except as expressly agreed herein, the Subscriber agrees not to distribute, transfer, copy, reproduce, display, modify, store, or time-share the Software Product or the supplied data. 5. .The,...SuDscriber may not assign, sublicense, or transfer this license, and may not decompile, reverse engineer, modify, or copy the Software Product for any purpose other than as a backup of an image of the Software Product executing on a computer system owned and/or operated by the Subscriber. The Subscriber may not combine or merge the Software Product with other programs. Any part or portion of the Software Product used in conjunction with another program will continue to be the property of FE and its suppliers and subject to the terms and conditions of this License Agreement. 6. All titles and copyrights in and to the Software Product, including, but not limited to, all source code and documentation as well as graphics, images, photographs, animations, video, audio, music, text, and screen presentation formats embedded in the Software Product are owned by FE. The Software Product and documentation is protected by United States copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, and may not be copied or redistributed except as provided herein. The Subscriber agrees to respect, and not to remove or conceal from view, any copyright, trademark, or confidentiality notices appearing in the Software Product, and to reproduce any such copyright, trademark, or confidentiality notices on all copies of the Software Product or any portion thereof made by the Subscriber as permitted hereunder. 7. The laws of the Commonwealth of Virginia will govern this License Agreement. However, all claims, disputes and other matters in question between FE and Subscriber arising out of or relating to this agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The parties through the execution of this agreement, specifically consent to the jurisdiction and venue of Richmond County Georgia, and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 8. The subscriber may not use, copy, modify, or transfer the Software Product or the supplied data, in whole or in part, except as expressly provided for in this licensing agreement. If the subscriber transfers possession of any copy of the Software Product or the supplied data to another party, the subscriber's license hereunder is automatically terminated. 9. The subscriber may not use the Software Product for public display, print or broadcast media without prior written consent from FE. FE is required by its suppliers to uphold certain privacy and security policies. In all cases where permission is granted by FE for the above mentioned purposes, Subscriber is required to comply with FE guidelines for acceptable display content. These guidelines will be provided to Subscriber by FE. Subscriber is also required to give proper credit, visually and/or audibly, to FE, at each instance of display, publication or broadcast, in accordance with copyright and patent laws. Any failure to provide such credit shall be deemed to be a breach of this agreement. LIMITED WARRANTY 10. FE shall employ due care and attention in providing and maintaining the Software Product. However, the Subscriber acknowledges that FE does not warrant that Subscriber's use of the Software Product will be uninterrupted or error free or that the functions contained in the Software Product will meet Subscriber's requirements in that any application program, or any collection and compilation of data, entails the likelihood of some human and machine errors, omissions, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Accordingly, the Subscriber agrees that except as provided herein, the software product and the supplied data is furnished "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement with regard to the software product and the supplied data, and to the provision of, failure to provide, to support services or access to the supplied data. 11. The extent of FE's liability under this Limited Warranty shall be limited to the correction or replacement, within a reasonable time, of any defective items in the Subscriber's copy of the Software Product which FE determines to be necessary, provided FE is given written notice of such defective item(s). FE shall have no obligation to repair or replace the Software Product if: (a) the Software Product is not used in accordance with FE's instructions, (b) the Software Product is altered, modified, or converted by the Subscriber without the prior written approval of FE, (c) any of Subscriber's equipment shall malfunction, or (iv) any other cause beyond the control of FE results in the Software Product becoming inoperative. LIMITATION OF REMEDIES 12. TO THE MAXIMUM EXTENT PERMmED BY APPLICABLE LAW, IN NO EVENT SHALL THE FAA, FE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNmVE DAMAGES, LOSS, CLAIM, LIABILITY, EXPENSE, OR PENALTY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS WHETHER AN ACTION IN CONTRACT OR TORT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE USE, OR INABILITY TO USE, THE SOFTWARE PRODUCT OR THE SUPPLIED DATA, OR THE PROVISION OF, OR FAILURE TO PROVIDE, SUPPORT SERVICES OR ACCESS TO SUPPLIED DATA. 13:. INJHE EVENT THAT THE LIMITED WARRANlY SET FORTH HEREIN AND/OR THE REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE FOR ANY REASON, FE'S ENTIRE LIABILIlY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO M0NETAR:f DAMAGES AND THE GREATER OF THE AGGREGATE FEES PAID BY SUBSCRIBER FOR THE SOFTWARE PRODUCT DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO THE EVENT GIVING RloSE TO THE CLAIM OR U.S. $5.00. THE FOREGOING REMEDIES ARE PERSONAL TO THE SUBSCRIBER AND SHALL NOT EXTEND TO ANY OTHER PARlY. INDEMNIFICATION 14. The Subscriber agrees to indemnify, defend, and hold harmless FE and its suppliers from and against any claims, damages, liabilities, law suits, and judgments (including attorney fees and other costs or expenses incident thereto) which in any way may be associated with the Subscriber's use of the Software Product and/or the supplied data. The Subscriber shall further be responsible for attorney's fees and other costs and expenses incurred by FE in enforcing this provision. PERSONAL PRIVACY ISSUE 15. The supplied data includes the near real time position and other flight data of instrument flight rules commercial and general aviation aircraft. While commercial operators conduct business according to a published listing of service and schedule, general aviation operators do not. In many cases, the general aviation data is available to the FAA only because of regulatory requirements associated with various types of flights and/or other operating characteristics such as altitude. It is conceivable that public knowledge of the flight information of general aviation operators could compromise the privacy and/or security of individuals. Because the protection of such information is not covered under the Privacy Act, and because the cost of developing and operating the technical mechanisms required to manage that information exceed the available FAA resources, the Subscriber is asked to consider and respect this personal privacy issue when using FE products. 16. FE may terminate this License Agreement upon the conditions set forth elsewhere in this License Agreement if the Subscriber fails to consider and respect the personal privacy issue. FLIGHT EXPLORER WEATHER PRODUCT LICENSE AGREEMENT ADDENDUM 17. DEFINmONS a. "Redistribution" means the Subscriber's distribution or retransmission of services, data, analyses, forecasts, or service documentation either internally within Subscriber or from the Subscriber to any and all third parties, including corporations affiliated with, controlled by, or under common control with the Subscriber. b. "Services" means any and all Flight Explorer weather products provided by FE and/or FE's vendors, as well as any additional information or data services provided by FE hereunder now or in the future. c. "Vendor" means WSI, Meteorlogix, National Weather Service and any other vendor chosen by FE to provide above mentioned products. d. "WSI" means WSI Corporation of Billerica, Massachusetts it's employees and agents. e. "Meteorlogix" means Meteorlogix Corporation of Minneapolis, Minnesota it's employees and agents. , 18. USE OF FEjVENDOR WEATHER SERVICES BY THE CUSTOMER. The Subscriber agrees that all Services will be used exclusively by the Subscriber. Under no circumstances will Subscriber engage in Redistribution of any Services, whatsoever. 19. ADVISORY NATURE OF FEjVENDOR SERVICES. The Subscriber acknowledges and agrees that the Services are wholly advisory in nature and are based upon various data sources including National Weather Service information. It is the Subscriber's sole responsibility to check and verify the Services prior to use. Although FEjVendor has no reason to believe that the Services contain any inaccuracies or defects, FEjVendor assumes no responsibility for the accuracy of the data. The Customer acknowledges and agrees that the Services under this Contract will be rendered on the basis of the information known to and - assumptions made by FEjVendor, and therefore FEjVendor cannot be responsible for errors resulting from omitted, misstated or erroneous information or assumptions. Since FEjVendor relies upon third parties such as the National Weather Service for weather data, FEjVendor does not guarantee that the content of Services will remain the same over time. 20..DI5.y,LAIMER OF CONSEQUENTIAL DAMAGES. In no event shall FE/Vendor be liable for special, incidental, consequential, exemplary, or punitive damages or lost profits or damages from loss of use of data, Despite the possibility of such damages are or may be known to FE/Vendor) wh€ther arising from breach of contract, tort, or any other cause of action. 21. INDEMNIFICATION. Except: for willful misconduct on the part of FE/Vendor, the subscriber agrees to indemnify, hold harmless, and defend FE/Vendor from and against any and all losses, claims, demands, expenses (including attorney's fees) or liabilities of whatever nature or kind asserted by, suffered or incurred by third parties arising from the use by the subscriber of FE/Vendor services under this agreement. 22. WARRANTY DISCLAIMER. FE/VENDOR MAKES NO WARRANTY WITH RESPECT TO THE SERVICES AND, ACCORDINGLY, THE SERVICES HEREUNDER ARE PROVIDED "AS IS". EXCEPT AS EXPRESSLY STATED IN THIS PARAGRAPH, FE/VENDOR MAKES NO EXPRESS OR IMPUED REPRESENTATION OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT UMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE OR OF MERCHANTABILITY (WHICH ARE DISCLAIMED). FE/VENDOR ASSUMES NO RESPONSIBILITY WITH RESPECT TO THE USE BY THE CUSTOMER OR ITS EMPLOYEES OR CUENTS OF THE SERVICES. IN NO EVENT SHALL FE/VENDOR BE UABLE FOR ANY LOSS, INJURY, OR DAMAGE RESULTING IN WHOLE OR IN PART FROM ACT OF GOD OR CIVIL OR MILITARY AUTHORmES, FIRE, COMMUNICATIONS OR TRANSMISSION PROBLEMS, COMPUTER MALFUNCTIONS, ACCIDENTS INVOLVING MOTOR VEHICLES OR AIRCRAFT OR ANY CAUSE OF A SIMILAR OR DIFFERENT NATURE BEYOND THE CONTROL OF FE/VENDOR TO PREVENT. 23. VENDOR BENEFICIARY OF AGREEMENT. Vendor is intended as a third party beneficiary to this Agreement and shall have the right to enforce the provisions which relate to it hereunder. LIMITS OF LIABIlITY I DISCLAIMER OF WARRANTY 24. This online set of terms and conditions is provided pursuant to the terms and conditions of the Flight Explorer license. No warranties or representations regarding the performance of the software, contents of this online help, or files distributed with this online help are extended by this online help. 25. FE reserves the right to make any changes to this software product and to revise the information about the product contained in this online help without an obligation to notify, consult with or receive authorization from any persons about such revisions or changes. TRADEMARKS AND SERVICE MARKS 26. The following service marks and trademarks are owned by FE: . Flight Dimensions International . Flight Explorer . Flight Report . Flight Direct . Flight Snapshot . Flight Alert . MyFleet . User Defined View . The Flight Explorer logo and icon . Flight Analysis . ~~Ii~ht Information . Flight Net . Flight Notify . FLEX OPEN RECORDS ACT 27. FE acknowledges that all records relating to this agreement and the services under the contract may be a public record subject to Georgia's Open Record Act (O.C.G.A. 9 50-18-70, et seq.). FE shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. Should FE contend that any record requested constitute a trade secret so as to be exempt from public disclosure, it shall designate such records as trade secrets, and shall indemnify and hold Subscriber harmless with respect to Subscriber's failure to disclose such records based upon their constituting a trade secret. This shall include all attorneys fees and expenses of litigation in defense of any attempt or litigation to compel disclosure of such records. All rights reserved. Copyright 1996-2002 @ Flight Dimensions International, Inc., Alexandria, Virginia, 22302