The purpose of this agreement
is to define the licensed terms and conditions of the
use of the "International Register of Civil Aircraft"
via the site http://www.aviation-register.com
(hereafter called aviation-register.com) and for
which you have taken out a subscription.
The software program and the
information accessible via the site aviation-register.com
are licensed and not sold to you.
By subscribing to the International Register
of Civil Aircraft via the site aviation-register.com,
you are entitled as Licensee to have access on line to:
1. the consultation software contained therein,
2. data of the International Register of
Civil Aircraft contained therein
under the terms and conditions of this licence.
You (referred to below as "licensee") are
invited to read and accept the terms and conditions of
the following licence agreement before confirming your
order. By clicking on the "Accept button", you automatically
accept the terms and conditions of this licence agreement.
Nothing in this agreement affects any statutory
rights you may have as a consumer.
Any contract arising from this LICENCE
is made between you and BUREAU VERITAS S.A., acting on
behalf of itself and of UK CAA and ENAC.
1.1. - "Co-editors": means the three organisations/authorities
(Bureau Veritas, the United Kingdom Civil Aviation Authority
(CAA), and Ente Nazionale per l'Aviazione Civile (ENAC)),
which jointly publish the International Register of Civil
1.2. - "International Register of Civil
Aircraft" refers to the Computer Software and the Available
Information as a whole.
1.3 - "Computer Software" means the consultation
computer software which enables licensee to access the
Available Information contained in the International Register
of Civil Aircraft and accessible via the site aviation-register.com.
1.4 - "Available Information" means the
information contained in the International Register of
Civil Aircraft database that can be accessed by the Computer
Software, and any other information delivered via the
1.5 - "Subscription" means subscription
to an unlimited access to the International Register of
Civil Aircraft via aviation-register.com for the subscriptions
duration, and that is concluded by the licensee with BUREAU
1.6 - " Licensee" means the holder of a
1.7 - "Multiple Simultaneous Access" means
the authorised number of simultaneous access to the International
Register of Civil Aircraft via the site aviation-register.com,
as specified by the Licensee in its subscription order
form and for which he has paid the rights.
2. LICENSEE RIGHTS AND RESTRICTIONS
2.1 - BUREAU VERITAS grants the licensee
a personal, non-exclusive, non-assignable and non-transferable
licence to the International Register of Civil Aircraft
via the website aviation-register.com for his own internal
business purposes. The licensee is not authorised to grant
2.2 -The Licensee shall not
2.2.1 - Sell, rent, use, access, transmit,
reproduce, adapt or modify or make any attempt to modify,
in whole or in part the Available Information and/or the
Computer Software, even on the ground that the Available
Information and/or the Computer Software allegedly contains
an error, except and to the extent expressly permitted
by the present license.
2.2.2 - Reproduce any information available
2.2.3 - allow any third party to benefit,
use or obtain access to the International Register of
Civil Aircraft and the Available Information contained
2.2.4 - assign, let, sub-licence or transfer
any of the rights granted pursuant the present licence,
3. CODING AND PERMITTED USAGE
3.1 - Part of the Available Information
is stored in coded form. The Licensee hereby covenants
that he shall not access or try to access the available
information using means other than those proposed in the
menu of the International Register of Civil Aircraft.
3.2 - The Licensee covenants that he shall
not provide any of the available information to any third
3.3 - The Licence does not grant the Licensee
any rights to reproduce or print the available information
in any publication, photographs, or any other illustration
under whatever form.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 - The Computer Software and the Available
Information accessible via aviation-register.com and any
other information, their structure and organisation are
separately and together the intellectual property of the
Co-editors and others and are protected by law. All rights
therein are reserved by the Co-editors.
4.2 - The Licensee hereby recognises that
the present licence does not vest ownership of any intellectual
property rights to him whatsoever and that he is granted
only the rights expressly granted by this licence.
4.3 - The licensee shall not delete, erase
or amend any marks, notices or signs of ownership.
5. NO WARRANTIES
5.1 - The Available Information is compiled
from materials furnished to Bureau Veritas by outside
sources and should be used as a reference source only.
The Co-editors have collected and compiled the Available
Information with due care and skill but shall have no
liability pertaining to any error or omission regarding
the Available Information and any loss that may arise
as a consequence thereof.
5.2 -The Co-editors do not make any warranty
whether expressed or implied, that the, the Computer Software
or the Available Information are fit for the licensee's
needs or are of commercial quality or that they are fit
for purpose in terms of accuracy or that the Available
Information is complete or up to date.
5.3 - If the licensee has taken out a Subscription,
the Co-editors do not warrant that the number of countries
included in the site aviation-register.com at the date
of the first order will remain the same for the whole
6. LIMITATION OF LIABILITY
6.1 - The Co-editors shall have no liability
(whether in contract, tort or otherwise at law or in equity)
for any financial consequences, losses and/or damages
sustained by the licensee, including any loss of revenues,
loss of profit, loss of expected savings, loss of reputation,
loss of contracts or loss of business or goodwill arising
from any reason whatsoever, whether or not the Co-Editors
were aware of the possibility of the occurrence of such
losses and damages.
6.2 - The Co-editors shall have no liability
whether in tort, contract, or otherwise at law or in equity
(including any law of the country where the International
Register of Civil Aircraft is consulted) other than reimbursement
of the subscription price.
6.3 - The Co-editors shall have no liability
for the loss of files, records or data or, except for
breach of any implied or express right to quiet enjoyment
of the International Register of Civil Aircraft free from
lawful disturbance thereof by any third party, for the
consequences resulting from any claim made against the
licensee by any third party.
6.4 - The Co-editors shall have no liability
regarding technical incident that might arise on the network
and for which they have no control (telecommunication,
electricity or other) as well as any other case of situations
beyond our control.
7. ACCESS TO SERVICES
7.1 - Access the International Register
via aviation-register.com is permitted by a Login and
Password that are provided to the Licensee by BUREAU VERITAS
as soon as payment is received. The login and password
are strictly confidential, and shall not be transmitted
to any other third party.
7.2 - Login and Password give the Licensee
an unlimited access to the International Register of Civil
Aircraft via aviation-register.com for the authorised
number of simultaneous users as specified by the Licensee
in its subscription order form and for which he has paid
7.3 - Apart from maintenance intervention,
the International Register of Civil Aircraft is available
via the site aviation-register.com 24 hours a day and
7 days a week. During Week Ends or bank Holidays, the
exploitation is made without assistance of BUREAU VERITAS.
8. LEFT BLANK INTENTIONALLY
9. PRICING AND PAYMENT
9.1 - All orders for subscription must be
pre-paid, with pricing at the then current License fee.
The Invoice will be sent to the billing address within
a month after the account is activated.
9.2 - Prices indicated on aviation-register.com
are VAT excluded. They will be increased by duties and
taxes applicable at the moment of the subscription.
9.3 Any renewal subscription shall be governed
by the terms and conditions of this Agreement and priced
at the then current License fees.
10.1 - Subject to the right of the Co-editors
(or any of them) to terminate this licence agreement at
any time for reason of breach of licence terms, the term
of each License shall be for the period specified by the
Licensee in its subscription order form and for which
he has paid the rights, and starts from the date the Licensee
is first provided access to the service by Bureau Veritas,
unless otherwise mutually agreed by both parties.
11. RIGHTS OF TERMINATION
11.1 - If, during the period of 7 days for
a one month subscription and 30 days for a one year subscription,
following the receipt of the login and password, and provided
that the Computer Software and the Available Information
have been used normally and in compliance with the provisions
of this licence, the licensee identifies any defects that
prevent it from operating, the Licensee will be reimbursed
for the subscription amount paid.
11.2 - [The Co-editors (or any of them)]
may terminate this licence at any time in case of breach
by the licensee of any of the terms and conditions hereof
by giving the licensee immediate written notice. On such
termination the access right will be immediately inactivated
by Bureau Veritas.
12. APPLICABLE LAW AND JURISDICTION
12.1 - This licence is subject to the law
12.2 - Any dispute arising out of or in
connection with the present licence, and which the parties
are unable to settle by negotiation between them, shall
(subject to Clause 12.3) be exclusively resolved by the
International Chamber of Commerce of Paris.
12.3 - Notwithstanding Clause 12.2 the Co-editors
may bring proceedings against the licensee within the
licensee's own jurisdiction if they consider the licensee
is in breach of any the licensee's obligations under this