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ATCPrep.com™ Terms and License Agreement
1 ATCPrep.com™
  ATCPrep.com™ preparation software for FAA AT-SAT screenings (THE SOFTWARE) is a product of Aviation Media & IT GmbH (THE COMPANY). Any service complementing the software or offered on the website atcprep.com (THE WEBSITE) including updates and support (THE SERVICE) is a service provided by the company.

Any contractual or pre-contractual relationship between the company and the private, non commercial end customer (THE CUSTOMER) shall be governed these terms and conditions. Any contractual or pre-contractual relationship between the company and a commercial interest customer shall be made subject to an individual license agreement. If you represent a business or an organization you may make preliminary use of the software under the provisions of this license agreement if you request a commercial license within 30 days after placing your order. The company does not contract with children under the legal age of 18 or the legal age applicable under the jurisdiction in the country of the customer.


2 License Agreement
  The software is not sold; rather copies of the software are licensed to its end customers (THE LICENSE). An order for the software is understood an offer by the customer to the company to enter into a license agreement. The license agreement is concluded with the company accepting, either expressed or implied by providing the customer a licensed copy of the software and activation information.

2.1 Definitions
  Software means all contents of the files provided including but not limited to all updates, upgrades, modified versions and additions licensed to the customer as a service. The software and all updates, upgrades, modified versions and additions are provided as intangible media by download only.

License means the right of the customer for the non-exclusive installation and use of the software on up to two private computers as long as customer complies with the provisions of the terms and license agreement.

2.2 License Fee
  License is granted upon receipt of a one-time license fee to the company denoted as purchasing price of the software on the website. The license fee covers all charges for the software license including updates, upgrades, modified versions and additions and any other complementing service and includes applicable taxes.

The company accepts credit card and PayPal® payments.

2.3 Account
  A licensed copy of the software will be prepared for download by the customer in an account the customer may access with a username and password provided by the company upon receipt of license fee. The customer is responsible to maintain confidentiality of account information and agrees not to share account information with any third party.

2.4 Activation of License
  Each license has to be activated after first installation of the software on a computer of the customer with account username and password in a process of online registration. If the software shall be installed on a computer of the customer that cannot establish an internet connection, license may be activated in a process of manual registration supported by our staff.

2.5 Transfer of License
  The software is distributed as a non-transferable license. The license, the software or any portion of it may not be re-distributed, sold, rented, leased, sublicensed, shared or copied to any third party or third party computer unless explicitly permitted by the company.

2.6 IP Rights and Trademarks
  The software, any portion of it and any copy licensed to the customer remain intellectual property of and are owned by the company.

ATCPrep.com™ is a non-registered trademark claimed by the company.

2.7 Warranty
  The website and the software are delivered “AS ARE” and “AS AVAILABLE”. The company warrants to the customer that the software will perform substantially as advertised on the website including the provisions of this license agreement and in accordance with the documentation for the software.

Non-substantial variations of performance do not establish warranty rights. The customer`s right to make a warranty claim expires two years after purchase of license.

If the company finds the software does not substantially perform as advertised or documented the warranty rights of the customer shall be limited to either a) the replacement of the software within reasonable time or b) the provision of an software update within reasonable time or c) the refund of the license fee at the company`s option.

Uninterrupted connectivity of the website, the server and activation template and the uninterrupted approachability of support are not warranted to the customer.

2.8 Disclaimer and Limitation of Liability
  The company can neither warrant training results the customer obtains using the software nor the customer`s performance outcome in later pre-employment screening after preparation with the software. Despite a careful research of information and development of the software actual test conditions at the screening site may differ from the tests composed in the software.

In no event shall the company, its directors or suppliers be liable to the customer or any third party for any damages, claims or costs whether consequential, indirect, incidental or punitive or any lost profits or savings. This limitation of liability applies to the fullest extent of the jurisdiction applicable to this license agreement and the contractual or pre-contractual relationship between the customer and the company.

2.9 System Environment
  The company warrants that the software will perform as advertised on the website and in accordance with the documentation for the software under the operating systems Microsoft® Windows XP®, Microsoft® Windows Vista® and Microsoft® Windows 7® with Microsoft® .NET Framework 3.5™ installed.

2.10 Customer Privacy
  The company respects customer privacy rights and will not share customer information with third parties if not required for fulfillment of mutual contractual obligations including settlement of payments or explicitly consented to by customer.

The customer will be asked to disclose certain personal information such as name, gender, address and email address upon purchase of a software license. This information is collected and saved to register the license under the customer`s name and prevent illegal installations of the software.

The company will not use customer information for marketing purposes without explicit consent of the customer.

Customer may opt to share information in community boards embedded in the software. Customer may also opt to share personal performance scores for the tests compiled in the software with the company. If customer agrees to disclose personal performance scores the company may consolidate this information under the premises of anonymity to create benchmark scores of average user performance and share these consolidated scores with the customer community. The company endorses to disclose personal information thoughtfully.

The company may use customer information to protect its interest and property and prevent fraudulent activities. Customer information may be screened for legal compliance and compliance with the terms and license agreement.

The company takes appropriate precautions to protect customer information from unauthorized access. By using the software and the website the customer agrees to have his personal information transferred to and stored on a server in Germany. The administration of personal information is subject to German law. Any information is handled in compliance with Telemediengesetz and Bundesdatenschutzgesetz.


3 Applicable Law
  Customer agrees that the laws of Germany, without regard to principles of conflict of laws, shall govern any contractual and pre-contractual legal relationship between the customer and the company. Court of jurisdiction shall be Bamberg, Germany.


4 Special Provisions for EU Customers
  Customer who permanently reside in an EU member state are entitled to revoke their contractual declarations within two weeks without specifying reasons or prior notice, doing so in text form (e.g. by letter, fax or e-mail) or by returning the license before activation. The period will begin after receipt of this advice in text form, but not before receipt of license activation information and also not before fulfillment of the information obligations in compliance with § 312c Para. 2 BGB in combination with § 1 Para. 1, 2 and 4 BGB-InfoV as well as the obligations of the respective vendor in compliance with § 312e Para. 1 Clause 1 BGB in combination with § 3 BGB-InfoV. Right of revocation ceases with consumer activating the software license within revocation period. To comply with the revocation period, it suffices to send off the revocation notice in good time.

Notice of revocation is to be sent to:

Aviation Media & IT GmbH
Henkestr. 78
91052 Erlangen
Germany

Fax: +49 9131 9794480
E-Mail: supportatcprep.com

In the event of a revocation legally effective, the services received by both parties must be returned and any uses obtained (e.g. interest) must be surrendered. Obligations to reimburse payments must be fulfilled within 30 days after receipt of notice of revocation.


5 Closing Remarks
  If a provision of these terms and license agreement does not comply with law, therefore is or becomes ineffective or unenforceable, this shall not affect the validity or enforceability of other provisions. A provision that does not comply with law shall be replaced by a provision that matches its economic intension in a legal manner. Regulation gaps shall be closed by taking economic intensions of the terms and license agreement into account.


Aviation Media & IT GmbH, June 2010