AirLink Software License Agreement

Single Use License Terms and Conditions

Effective Date:  June 25, 2013

By downloading, installing, or using this application, or any future versions, updates, or features purchased by you (collectively, the “Application”), you agree to be bound by these Terms and Conditions (the “Terms”). If you disagree with any of these Terms, you are not granted any rights to this Application including, without limitation, the right to install or use this Application, and you may not use the Application.

You can always find the most recent version of these Terms at www.airlink.io. You understand and agree that your use of the Application after any change in these Terms is subject to such changes, and your use after such change constitutes acceptance of such changes.

1. USE OF THE APPLICATION

Virtual Origin LLC (“Virtual Origin”) grants you a non-exclusive, non-transferable, non-sublicenseable, limited right and license to install and use the Application, and any updates or upgrades to the Application delivered to you, or activated by you, exclusively for your internal use under these Terms.  Your rights are further limited to the following:

a. You may download, install, and personally use one (1) copy of the Application on a single personal mobile or personal computing device that you own or control at any one time solely for your own personal, non-commercial benefit.

b. If you are a commercial enterprise or educational institute, you may download, and install one (1) copy of the Application for use by a single individual employed by you on each mobile or computing device that you own or control at any one time, and may only use the Application for your internal data.

c. Except as expressly set forth in this Agreement, you will not allow any other individual or entity to use the Application for any purpose.  You shall not use the Application in the operation of a service bureau, either for a fee or gratuitously.  

d. You understand that you use the Application (or servers or networks from which the Application is downloaded) at your own risk.

e. You agree to use the Application only for purposes that are permitted by (i) these Terms and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including, without limitation, any laws regarding the export of data or software to and from the United States or other relevant countries).

f. You agree that you are solely responsible for (and that Virtual Origin has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under these Terms, and for the consequences (including any loss or damage which Virtual Origin may suffer) of any such breach.

g. You may not use the Application in any manner that could damage, disable, overburden, disrupt or impair the Application (or servers or networks which pertain to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks which are connected to the Application).

h. You may not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

i. You may not use, or export the Application in violation of applicable U.S. laws or regulations.

Virtual Origin reserves all rights to this Application not specifically granted to you under these Terms. No rights regarding this Application or Virtual Origin shall arise by implication or estoppel.

2. PROPRIETARY RIGHTS

The Application is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries.  You agree to abide by all applicable laws, as well as any additional proprietary rights notices or restrictions contained in these Terms.  As against you, the Application is owned by Virtual Origin, and the Application is licensed, not sold, to you.  Except as specifically set forth in these Terms, you are granted no right, title, or interest in any intellectual property owned by Virtual Origin including, without limitation, the Application and Virtual Origin trademarks, and creates no relationship between you and Virtual Origin.

a. You acknowledge and agree that Virtual Origin owns all right, title and interest in and to the Application including, without limitation, any intellectual property rights pertaining to the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

b. You will not, and will not allow any third party to, (i) modify, decompile, reverse engineer, disassemble or otherwise attempt to derive source cwode from the Application or Content (as hereafter defined) that may be presented or accessed through the Application for any purpose except to the extent a contractual prohibition against reverse engineering is not permitted under applicable law, (ii) use the Application to create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) of the Application or any portion thereof; (iii) sell, rent, lease, loan, distribute, transfer, reproduce, copy, trade, resell or sublicense the Application or access thereto or derive income from the use or provision of the Application, whether for direct commercial or monetary gain or otherwise, without Virtual Origin's prior, express, written permission, (iv) use the Application to access, copy, modify, transfer, transcode or retransmit Content (as hereafter defined) in violation of any law or third party rights, or (v) remove, obscure, or alter Virtual Origin's or any proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.

c. Unless you have agreed otherwise in a hard copy writing with the Chief Executive Officer of Virtual Origin, nothing in these Terms gives you a right to use any of Virtual Origin's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

d. This product includes third party software that are licensed under open source licenses and information about them is available on http://www.airlink.io/

3. FEATURES AND SUPPORT

In the exercise of its sole discretion, Virtual Origin may elect to provide you with customer support and/or software updates, upgrades, enhancements, or modifications for the Application and may terminate such support at any time without prior notice to you.  Virtual Origin may change, suspend, or stop (permanently or temporarily) any aspect of the Application at any time.  The Application may also impose limits on certain features and services or restrict your access to parts or all of the Application without notice or liability.

You understand and agree that Virtual Origin may include in the Application software code executing features that may only be activated upon your payment to Virtual Origin of additional consideration.

You may stop using the Application at any time. You do not need to specifically inform Virtual Origin when you stop using the Application.

4. TERMINATION

Your right and license to the Application under these Terms continue until they are terminated by either you or Virtual Origin as set forth below.  In such events, you must immediately discontinue the use of and permanently delete the Application.

a. You may terminate these Terms at any time by discontinuing the use of, and permanently deleting, the Application in its entirety.

b. These Terms terminate automatically without notice from Virtual Origin if you violate any of these Terms.  

c. Virtual Origin may at any time, terminate these Terms by posting a written notice of termination online, or Virtual Origin may send a written notice of termination to you.  

d. No termination of this Agreement shall affect either party’s rights or duties existing prior to the termination.  

5. YOUR PRIVACY

a. Virtual Origin's privacy policy for the App is available at www.airlink.io. This policy explains how Virtual Origin treats your personal information, and any data derived from your use of the Application.

b. You agree to the use of your data in accordance with Virtual Origin's privacy policies as such policies may change from time to time.

6. FEES AND PAYMENTS

a. Virtual Origin reserves the right to charge fees for use of future versions or updates to the Application in Virtual Origin's sole discretion.  

7. CONTENT IN APPLICATION

Virtual Origin will provide help files for end users on the Application.  Any other text, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may load, or have access to, as part of, or through your use of, the Application are your responsibility.  You agree that you assume all liability, for (and that Virtual Origin has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Application and for the consequences of your actions (including any loss or damage which Virtual Origin may suffer) by doing so.

8. U.S. GOVERNMENT RESTRICTED RIGHTS

This Application, related materials and documentation have been developed entirely with private funds.  If the user of the Application is an agency, department, employee, or other entity of the U.S. Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Application, including technical data or manuals, is restricted by these Terms.  In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the Application is further restricted by these Terms.

9. INDEMNIFICATION

To the maximum extent permitted by law, you shall defend, indemnify and hold harmless Virtual Origin, its affiliates and their respective owners, members, directors, officers, managers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or accruing from your use of the Application including, without limitation, any of your Content, your downloading or installation of the Application, your violation of any of these Terms, your Content, your violation of applicable laws, or your violation of any rights of another person or entity.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION, OR YOUR ACCESS OF ANY SERVERS OR NETWORKS RELATING TO THE APPLICATION, IS AT YOUR SOLE DISCRETION AND RISK.  THE APPLICATION, AND ANY SERVICE OR NETWORKS PERTAINING TO THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

VIRTUAL ORIGIN LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE APPLICATION AND ANY DATA OR CONTENT ACCESSED THROUGH THE APPLICATION, OR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, SECURITY, FUNCTIONALITY, OR ADEQUACY OF THE APPLICATION AND ANY DATA OR CONTENT ACCESSED THROUGH THE APPLICATION INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF CONDUCT OR TRADE PRACTICE.

YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE, EVEN IF VIRTUAL ORIGIN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES.

THE APPLICATION IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Virtual Origin, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU OR BY THIRD PARTIES, THROUGH THE USE OR INABILITY TO USE OR ACCESS THE APPLICATION, ANY DATA OR CONTENT ACCESSED THROUGH THE APPLICATION, AND SERVERS OR NETWORKS WHICH ARE CONNECTED TO THE APPLICATION INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM, OR OTHER DEVICE, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF USE, ANY LOSS OF GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSS, WHETHER OR NOT Virtual Origin HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.  Virtual Origin HAS NO LIABILITY ARISING OUT OF YOUR CONENT, OR ITS LOSS AS A RESULT OF MALFUNCTIONS IN THE APPLICATION OR OTHERWISE.  Virtual Origin’S ACTUAL DAMAGES ARISING OUT OF OR RELATING TO THE APPLICATION OR ANY BREACH OF THESE TERMS SHALL NOT EXCEED THE AMOUNT OF $10.00.

12. ADVERTISEMENTS

The Application may be supported by advertising revenue and may display advertisements and promotions.  In consideration for your use of the Application, advertising may be displayed to you, and you agree to such display and further agree that advertising may be targeted to you by using (i) the Content of information stored by the Application, (ii) data pertaining to your use of the Application, or (iii) other information.  The manner, mode and extent of advertising by Virtual Origin are subject to change without notice.

13. GENERAL LEGAL TERMS

a. These Terms constitute the entire understanding and agreement between you and Virtual Origin and govern your use of the Application, superseding, and completely replacing all prior or contemporaneous agreements between you and Virtual Origin regarding the Application.  

b. You agree that the failure of Virtual Origin to exercise or enforce any legal right or provision of these Terms shall not constitute a waiver of such right or provision and that those rights or provision will still be available to Virtual Origin.  If any court of law of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be modified only to the extent necessary to make the Terms enforceable while maintaining the parties’ intent without affecting the rest of these Terms.

c. These Terms, and the relationship between you and Virtual Origin under these Terms, shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions or the United Nations Convention on the International Sale of Goods. You and Virtual Origin agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Oakland, State of Michigan, United States of America to resolve any legal matter arising from these Terms.  Notwithstanding this, you agree that Virtual Origin shall be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.

Virtual Origin may modify these Terms at any time upon ten (10) days prior notice by providing such revised Terms to you or by posting notification of that these Terms on www.airlink.io.  Your continued use of this Application ten (10) days following such notice constitutes your acceptance of such revised Terms.  No modification of these Terms, however, shall affect either party’s rights or duties existing prior to the modification.  Virtual Origin may assign these Terms or delegate any of its duties under these Terms.  

14. SURVIVING PROVISIONS

Sections 2, 4, 5 through 11, 13 through 14, and those that by their terms apply after termination of this agreement will survive any termination of these Terms.

AirLink includes 3rd party software that are licensed under the open source license. The software components are as follows:

AirLink doesn't collect user specific information/data.