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SOCAIR USER AGREEMENT

IMPORTANT – READ CAREFULLY: This Socair User Agreement ("Agreement") is a legal contract between you and Socair for the Socair Client.

BY INSTALLING OR OTHERWISE USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (“TERMS OF USE”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEBSITE.

For convenience, we will refer to the content on the Socair website and content on other Socair websites together as “Socair Services." Portions of the Socair Services may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms of Use.

MODIFICATION OF LICENSE AGREEMENT

Socair may wish to update or change the terms, conditions, and notices for the from time to time to reflect changes in the Socair Services, changes in the laws affecting the Socair Services, or for other reasons. You understand that Socair reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the Socair Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Socair Services shall be subject to the Terms of Use, as modified from time to time.

PERSONAL AND NON-COMMERCIAL USE

You may only use the Socair Services for your own personal and non-commercial purposes. You must enter into a different legal agreement with Socair if you wish to offer the Socair Services to users of your own application, web site, or web service. You may not use any software or hardware that reduces the number of users directly accessing or using the Socair Services such as "multiplexing" or "pooling" software or hardware.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell any information, software, products or services that are part of the Socair Services except as expressly provided in these Terms of Use.

PRIVACY AND PERSONAL INFORMATION

Socair agrees that it will only use your personal information in accordance with the terms of the Socair Privacy Statement.

If you maintain an account with Socair, you are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Socair immediately of any unauthorized use of your account. Socair is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

SOCAIR PRIVACY STATEMENT

THIRD PARTY DOCUMENTS AND LINKS TO THIRD-PARTY SITES

The web pages that are part of the Socair Services may contain third party documents (“Documents”) or links to other web sites ("Linked Sites"). The content of any Document or any Linked Sites are not under the control of Socair and Socair is not responsible for the contents of any Document or Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Socair is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Socair responsible if the Linked Site is not working appropriately. Socair is providing these Documents and Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by Socair of the content of any Document of the site or any association with its operators.

You are solely responsible for any dealings with third parties (including advertisers) who support the Socair Services or are identified in the web pages that are part of the Socair Services, including the delivery of and payment for goods and services.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Socair Services, you agree that you will not use the Socair Services for any purpose that is unlawful or contrary to these Terms of Use. You also may not use the Socair Services in any manner that could damage, disable, overburden, or impair the Socair Services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any computer systems or networks associated with the Socair Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Socair Services.

SOCAIR’S RIGHT TO USE SUBMITTED FEEDBACK OR SUGGESTIONS

Unless otherwise agreed to in writing, submitting any feedback or suggestions to Socair concerning the Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Socair and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, obtain proprietary rights in, transfer, or sell any such feedback or suggestions; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

No compensation will be paid with respect to Socair’s use of the materials contained within such feedback or suggestions. Socair shall not be obligated to post or use any materials you may provide and may remove such materials at any time at Socair’s sole discretion.

This section is not applicable to any personally identifiable information that you provide.

SOCAIR SOFTWARE AND CONTENT

All content and software (if any) that is made available to view or download from the web pages that are part of the Socair Services ("Software") is owned by and is the copyrighted work of Socair or its suppliers. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. All Software is owned by Socair or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions.

LIABILITY DISCLAIMER

SOCAIR OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE SOCAIR SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SOCAIR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL SOCAIR OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE .NET PASSPORT SERVICES, WITH THE DELAY OR INABILITY TO USE THE .NET PASSPORT SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE .NET PASSPORT SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE .NET PASSPORT SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SOCAIR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to Client. This warranty gives Client specific legal rights, and Licensee may also have other legal rights, which vary from jurisdiction to jurisdiction.

TERMINATION AND RESTRICTION OF ACCESS

Socair reserves the right, in its sole discretion, to terminate your access to the Socair Services or any portion thereof at any time, without notice.

GENERAL

These Terms of Use are governed by the laws of the State of Colorado, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Denver, Colorado, U.S.A. in all disputes arising out of or relating to the use of the Socair Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Socair as a result of these Terms of Use or use of the Socair Services. Socair may assign these Terms of Use, in whole or in part, at any time. You agree to indemnify and hold Socair, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Socair Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and Socair with respect to the Socair Services and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Socair with respect to the Socair Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.