Hilton Software
WINGX APPLICATION END-USER LICENSE AGREEMENT
Revised Date: 2024-10-30
INTRODUCTION
PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE. BY DOWNLOADING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
The WingX Application (“Software”) accompanying this EULA is licensed, not sold, to you by Hilton Software (“Hilton Software”) for use only under the terms and conditions of this EULA. Hilton Software retains ownership of the Software and reserves all rights not expressly granted to you. The terms of this EULA will govern any software updates provided by Hilton Software that replace and/or supplement the original Software unless such update is accompanied by a separate license.
By your agreement to the terms of this EULA, you are also agreeing to be bound by Hilton Software’s Privacy Policy which can be found at https://hiltonsoftware2.com/hilton-software-privacy-policy-3/ and is hereby incorporated by reference into this EULA.
LICENSE GRANT AND RESTRICTIONS
Hilton Software grants you a revocable, non-exclusive, non-transferable, limited right to download, install and use the Software solely for your personal use on [a]mobile device[s] owned by you, and to access and use the Software on such mobile device[s] in accordance with the terms and conditions of this license. This license also includes a revocable, non-exclusive, non-transferable sublicense to use the Baron Service Products, solely for your personal use. You shall not (a) use this software for primary navigation purposes but only as a backup to FAA-certified equipment; (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Software, or create derivative works of the Software or any part thereof (except as permitted by applicable law); (c) violate any applicable laws, rules or regulation in connection with your access or use of the Software; (d) remove, alter or obscure any proprietary notice of Hilton Software or its affiliates, partners, suppliers or the licensors of the Software; (e) sell, re-distribute, rent, lease or sublicense the Software; (f)[install, use or permit the Software to exist on more than one mobile device at a time or on any other mobile device or computer]; or (g) use the Software for creating a product, service or software that is directly or indirectly competitive with or in any way a substitute for any service, product or software offered by Hilton Software.
THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, MEDICAL DEVICES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSON INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
HILTON SOFTWARE USES AVAILABLE THIRD-PARTY DATA IN ITS SOFTWARE, BUT DOES NOT GUARANTEE THAT THE ORIGINAL SOURCES (INCLUDING THE FAA) HAVE PROVIDED DATA THAT IS ACCURATE, COMPLETE, TIMELY, OR PROPERLY FORMATTED FOR DISPLAY. YOU MUST CONTACT OFFICIAL SOURCES FOR THE MOST ACCURATE AND TIMELY UPDATES.
TERMINATION
This EULA is effective until terminated. Your rights to use the Software will automatically terminate without notice from Hilton Software if you violate any terms of this EULA. Hilton Software may, in its sole discretion, at any time and for any reason, suspend or terminate this license with or without notice to you. Upon termination of this license, you shall cease all use of the Software and uninstall it from your mobile device[s].
DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND RELATED SERVICES, DATA, SERVERS, AND DOCUMENTATION (“SYSTEM”) ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SOFTWARE AND SYSTEM (INCLUDING BUT NOT LIMITED TO THE NAVIGATIONAL INFORMATION) AND ANY THIRD- PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, SAFETY, CONFORMANCE WITH STANDARDS OR REGULATIONS PRESCRIBED BY A GOVERNMENT AUTHORITY OR OTHER OUTSIDE SOURCE, AND EFFORT IS WITH YOU. HILTON SOFTWARE AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (“HILTON SOFTWARE ENTITIES’) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE HILTON SOFTWARE ENTITIES DO NOT WARRANT THAT THE SOFTWARE AND SYSTEM OR THIRD-PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, SAFE, VIRUS-FREE, IN CONFORMANCE WITH STANDARDS OR REGULATIONS PRESCRIBED BY A GOVERNMENT AUTHORITY OR OTHER OUTSIDE SOURCE OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
Some jurisdictions do not allow exclusions of implied warranties or limitations on applicable statutory rights of consumers, so the above exclusions and limitations may not apply to you.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE HILTON SOFTWARE ENTITIES BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT THE SALE, LICENSE OR USE OF THE SOFTWARE OR SYSTEM HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) EVEN IF THE HILTON SOFTWARE ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL THE TOTAL LIABILITY OF THE HILTON SOFTWARE ENTITIES EXCEED [$100] [THE AMOUNT PAID FOR THE SOFTWARE].
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
INDEMNIFICATION
You will indemnify and hold harmless the Hilton Software Entities from and against all claims and liabilities (including claims by third parties), including costs and expenses (including attorneys’ fees) incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including your employees, or for loss of or damage to any property, including any aircraft, arising out of or in any way relating to your breach of the terms of this EULA, your violation of any applicable law or regulation, or your access to, use of, or alleged use of the Software and/or System.
EXPORT RESTRICTIONS
The Software and System may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws, both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges. The Hilton Software Entities make no claims that the Software and System may be lawfully used, viewed or downloaded outside of the United States. Access to and use of the Software and/or System may not be legal for certain persons or entities in certain countries. If you access or use the Software and/or System from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the applicable jurisdiction.
GOVERNMENT END USERS
The Software is a “Commercial Item” as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” and is being licensed to U.S. government end users (a) only as commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
AGENTS AND THIRD-PARTY PURCHASERS
If you are acquiring the Software on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are acquiring the Software to the terms and conditions of this EULA.
MODIFICATION OF THIS EULA
Hilton Software reserves the right to modify or change this EULA at any time in its sole discretion. It is your obligation to periodically check for such modification and changes. If such a modification or change materially modifies your rights or obligations, you will be required to accept the modified EULA in order to continue to use the Software and System and the modifications or changes will be effective upon your acceptance of the modified EULA. Modifications or changes that are not material will be effective upon publication.
NOTICE REGARDING APPLE
If you are using the Software on an Apple iOS device, the following terms apply. You acknowledge that this EULA is between you and Hilton Software only, not with Apple, and Apple is not responsible for the Software or System. If the Software or System fails to conform to any applicable warranty, you may contact Apple, and Apple may refund any applicable purchase price for the mobile application to you. Apple has no other warranty obligation with respect to the Software or System or any obligation to address any claim by you or any third party relating to the Software or System. Apple and Apple’s subsidiaries are third party beneficiaries of this section of this EULA, and Apple may have the right to enforce this section of this EULA against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
CONTROLLING LAW
This EULA will be interpreted under and governed by the laws of the State of Florida, except that Florida’s conflict-of-law provisions shall not be invoked for the purposes of applying the law of another jurisdiction. The United Nations Convention on contracts for the international sale of goods will not apply to this EULA. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Florida for any claim or dispute with Hilton Software or any of its subsidiaries, affiliates, officers, directors, agents, or employees. You must file any claim or suit related to the Software or System within one year after it arises.
MISCELLANEOUS
This EULA constitutes the entire agreement between the parties with respect to the use of the Software and System and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this EULA, which shall remain in full force and effect. No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term. Hilton Software may assign this EULA at any time without notice or consent, but you may not assign or transfer this EULA without Hilton Software’s prior written consent. The section titles in this EULA are for convenience only and have no substantive effect. The Software is protected by United States copyright law and international treaty. Unauthorized reproduction or distribution of the Software is subject to civil and criminal penalties.