AERO RANGER FORUM

PILOT SUPPORT

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Note that our terms and conditions have changed as at 9th of April, 2018. We have improved the clauses around ownership of your output/imagery

Terms and conditions of software end user licence agreement

Introduction

These terms and conditions of software end user licence agreement, any schedules and in the case you have agreed to purchase a licence to use the Software the Order Form, constitute a legally binding agreement between you and Us and sets out the conditions for your licensed use of the Software

The Software comprises all software applications that may be made available for licence (whether or not for a fee) by Us to You from time to time

By accessing, downloading or using the Software, either directly through Us or in any other way, you warrant your acceptance of and agree to be bound by the terms or conditions of this end user licence agreement

If you do not accept the terms of this Agreement you are not authorised to use the Software

Meaning of words

Agreement means these terms and conditions and any schedule, annexure or document related to or referring to or referred by these terms and conditions including the Order Form if completed 

Business Days means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made

Code means all software code, source code, object code, binary code, executable code, modules, components, algorithms, web clients, analysis tools, templates, configurations, business rules, dynamic link libraries, models, database schemas, updates, service packs, patches, hot fixes, know-how, trade secrets and domains, in any media or format, which is a part of or component of the Software

Content includes all information and content in the Software, Code and Documentation

Device and Devices means any hardware you are authorized to use with the Software, whether purchased from a Distributor or as supplied by you

Distributor means a third-party distributor or service-provider authorised in writing by Us to supply Software or Other Services

Documentation includes the printed and electronic materials as made available by us in relation to the Software, including user guides, reference documents, training documents, marketing materials and technical documents

Fee and Fees means the fees payable by you for the use of the Software as may be set out in an Order Form to this Agreement and payable in the manner prescribed and as varied (if at all) pursuant to this Agreement

GST has the meaning it has in the GST Act

GST Act means the A New Tax System (Goods and Services) Tax Act 1999 (Cth)

GST Exclusive Consideration means any consideration payable under this Agreement that does not include an amount referable to as GST

Intellectual Property means, whether registered or not, all copyright, designs and industrial designs, circuit layouts, trademarks, service marks and commercial names and designations, trade secrets, know-how confidential information, patents, invention and discoveries, literary artistic and scientific works, inventions in all fields of human endeavour, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields

Notice includes a disclaimer, a disclosure or other statement and a consent provided in writing

Order Form means the form you may have submitted to us in writing or electronically, entitled “Order Form”, offering to purchase a licence to use the Software particularised in that form

Other Services means any other service whatsoever that we may provide to you whensoever or have provided whensoever, whether or not related in any way whatsoever to any of the Software or anything else we provide, supply or offer pursuant to this Agreement and whether or not because of or related to this Agreement or any other agreement or arrangement with you howsoever and whether or not in response to or consideration of any specific or general request of yours

Output includes any information, logs, outputs, media, reviews, video, maps, models, folders, data, text, photographs, images and data that is generated or uploaded by you as a user through the Software and on, or via your Device

Request Direct, we, us and our means Request Direct, Request Direct (HK) Limited, Request Direct Pty Ltd ABN 84 617 661 668 and any of its related bodies corporate

RPA means a remotely piloted aircraft including an UAV

Software refers to any software that may be made available by Us

UAV means unmanned aerial vehicle including a RPA

You refers to you, the person whose name and address appears as the user of the Software, Documentation, Device and Output or Order Form

the singular includes the plural and vice versa

Licence to use the Software

We grant you a limited, non-exclusive, non-transferable, revocable right to access, download and use the Software and the Documentation for the sole purpose of accessing the functionality provided by the Software for the lawful use of your Devices to generate, upload and use the Output

The right granted to use the Software:
  • shall cease in the event that you do not pay the Fee;
  • shall cease if this Agreement is terminated;
  • is not a sale of the Software or Documentation;
  • does not include any right to sublicense the Software or Documentation;
  • may includes the training materials provided in the Documentation, and may include access to a web-based support service; and
  • may from time to time include the provision of assistance, support, maintenance or training services from third party agents or Distributors authorised in writing by Us
If you do not accept all of the terms of this Agreement you are not authorised to use the Software

Evaluation

If we have agreed to make the Software available to you for evaluation purposes only, then your right to use the Software and the Documentation is limited solely to evaluation, demonstration and test purposes for the evaluation period as specified by Us

Non-commercial use

If you are using a free version of the Software and are not paying a Fee the licence provided by Us to you is to use the Software only for the intended purpose of creating and uploading the Output to our servers and you are restricted from using the Software for any commercial purpose whatsoever

User obligations

You are responsible for your use of the Software, Documentation, Device and Output. This includes but is not limited to:
  • maintaining the security of user names and passwords required for use of the Software;
  • maintaining adequate security measures to prevent unauthorised or inappropriate use of the Software, Documentation, Device and Output;
  • ensuring adequate configuration, operation and maintenance of any computer and communication systems or other electronic devices used with the Software, including any support systems or ancillary services, hardware, software or platforms; and
  • establishing and maintaining adequate backup and recovery systems to minimise and prevent adverse consequences in the event that the Software or Devices malfunctions
You acknowledge that you have relied on your own skill, knowledge, experience and judgement to verify that the Software or Devices meets your requirements and that you are not relying on any implied warranty of fitness for your needs

You are responsible for your use of your Devices, whether supplied by you, or obtained from a Distributor

You must ensure that only you and no other party uses the Software, Documentation and Device

Notwithstanding that a UAV may include the feature of automated flight, you accept and agree that you are responsible for the operation, control, use and supervision of the UAV. This includes, but is not limited to:
  • ensuring that Devices are properly maintained and fit for flight or use;
  • ensuring that the area the UAV will operate in is safe and that you are legally authorised to operate the UAV in this area;
  • ensuring that the take-off and landing area is clear of hazards;
  • maintaining a look-out and awareness of other aircraft, people, property or obstacles before and during operation of the UAV;
  • issuing a “fly home” or “land now” command to avoid any interference or collision; and
  • ensuring only you and no other party uses the Software, Documentation and Device
You acknowledge and agree that:
  • the Software provides only a top-level user interface to the UAV which provides additional functionality to the pre-existing features and functions of the UAV;
  • the UAV and not the Software is responsible for ensuring the UAV remains airborne, carrying out flight commands, controlling the UAV rotors and selecting the exact flight path between waypoints; and
  • notwithstanding that the UAV may include the feature of automated flight, you are the pilot of the UAV and therefore must exercise adequate care and judgement. The Software provides only additional functionality and as such We and the Distributor are not in any way responsible for flying the UAV
Use of Software to control RPA

You are responsible for obtaining all regulatory permits, permissions, approvals and licences required to own or operate an RPA in your particular region

In Australia you need to comply with the Civil Aviation Safety Regulations 1998 Cth Part 101 and any other regulations set by the Commonwealth Civil Aviation Safety Authority or any other laws applicable to your location of operation

By accessing and using the Software you warrant your compliance with this clause and any regulatory and licensing requirements

You must comply with all applicable laws, regulations or guidelines of the country or region in which you use the Software to operate your RPA device(s). In Australia this includes, but is not limited to:
  • operating an RPA within visual line of sight at all times;
  • not operating an RPA over sporting events, concerts, or any other populous areas;
  • not operating an RPA within a restricted or prohibited area; and
  • not operating an RPA within prohibited distance of aerodomes, helipads, airports and uncontrolled airspace
You may be subject to other regulatory, licencing or other requirements in other regions that you operate and it is your sole responsibility to ensure compliance

Users and accounts

To access and use the Software, you may have to download the Software onto a compatible electronic device and create a user account, by providing certain personal information, including your name, address, phone number, as well as a username, password and payment details

To create a user account you must be at least 18 years of age or otherwise have valid parental consent to use the Software. If you create an account and are under 18 years of age, you are deemed to have received parental consent. If you are not 18 years of age and do not have parental consent, you must not use the Software

You are responsible for maintaining the security and confidentiality of your user credentials and password and ensuring that these details remain accurate and up-to-date. See our Privacy Policy www.requestdirect.com/privacy for further information on how we will use your personal information

You are responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security

We will not be liable for, and you release us from any claim regarding, any loss that you may incur or claim you may make or be made against you as a result of someone else using your password or account, whether with or without your knowledge. You accept liability for all losses incurred by us or another party due to someone else using your account or password

You may not use anyone else's account at any time, nor assign or transfer your account to any other person

You agree to maintain and update your user information, data and password as required to keep it accurate, current, and complete

You agree that we may store and use the user information and data you provide us (including payment card information) for use in maintaining your accounts and for billing fees to your payment card

You acknowledge and agree that we may establish general practices and limits for the use of the Software, including, without limitation:
  • the maximum number of days that content will be retained;
  • the maximum disk space that will be allotted on our servers on your behalf; and
  • the maximum number of times (and the maximum duration for which) you may access the Software in a given period of time
You release us from any claim for loss, responsibility or liability in any way related to the deletion or failure to store any content created, maintained or transmitted by or via the Software or Device

Software updates, modifications and support

We do not make any warranty that we will release updates, service packs, patches or hot fixes in relation to any defects in the Software. Any updates to the Software will be made at our sole discretion

We may modify the Software at any time however we choose including for our convenience, and if you are dissatisfied with a modification your sole remedy will be to cease using the Software

Support for any issues or queries in relation to the Software may be made available via a web-based or email support service

We reserve the right to sub-contract the provision of any training and support services in relation to the Software to third-party agents, Distributors or service-providers. You may be subject to a separate agreement with a third party for any of these services

From time to time a nominated third-party may be specified as the first point of contact for any questions or issues in relation to the Software. If no party is specified or you need to contact us directly you may do so at support@requestdirect.com

Fees and payment

If you have purchased a paid version of the Software you must pay the Fee strictly in accordance with the amounts and in the manner set out in the Order Form until this Agreement is terminated

Limitation of liability

To the extent permitted by law, we exclude and you release us and any Distributor from any claim arising from or relating to the application of all terms, conditions, warranties and representations express or implied by statute or otherwise

To the maximum extent permitted by law we do not warrant that the Software, Code, Documentation or Other Services are free from defects or that any of them will perform in compliance with any specifications, laws or your requirements. We do not guarantee:
  • the accuracy or correctness of databases or details of restricted or prohibited areas, aerodromes, helipads, airports, controlled or uncontrolled airspace contained in the Software or Code;
  • uninterrupted access to and use of the Software at all times; or
  • that the Software is fault tolerant or is designed or intended for use in connection with environments that require fail-safe performance
Neither we, the Distributor, nor any of our employees, agents or officers are liable to you for, and you hereby agree to release us from and indemnify us against, any direct or indirect loss, harm or liability, or any costs, charges or expenses you or a third party may incur in connection with or arising from the Software, Documentation, Code, Devices or Other Services including but not limited to any interruption, inaccuracy, error, or omission, regardless of cause

This limitation, release and indemnity exists whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.

Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
  • correcting and resupplying the Software;
  • supplying a workaround for defects in the Software; or
  • refunding any fees paid by you for the Software in which case the right to use the Software and this Agreement will be terminated
You acknowledge that there are risks associated with the general operation of all RPAs, including risks to the safety of the RPA itself, people and property in the immediate vicinity of the operation and flight of the RPA (including the operator) and other aircraft in the area of operation of the RPA. You confirm you accept and are solely responsible for these risks. You accept and acknowledge that these risks may manifest due to any number of reasons including but not limited to:
  • poor decision-making by the user or operator in defining a flight plan;
  • unexpected weather conditions, for example strong wind or rain;
  • mechanical failure of the RPA, such as of batteries, motors or propellers;
  • loss of connection between the RPA and operator; or
  • loss of GPS signal due to atmospheric interference or insufficient satellite connection.
You accept and acknowledge that some manufacturers include in their UAV software and hardware a number of safety features but you remain solely responsible for any loss or damage arising from the Software, Documentation, Code, or Devices. You accept and acknowledge that some UAV software and hardware safety features include:
  • hardware support and firmware upgrades;
  • the ability to fly home or land now in the event of loss of connection between UAV and controller; and
  • flight path and range restrictions
You accept and acknowledge that the Software includes a number of safety features but you remain solely responsible for any loss or damage arising from the Software, Documentation, Code, or Devices. You accept and acknowledge that the Software safety features may include:
  • on starting the Software, a check that the UAV firmware version is compatible;
  • during mission creation, a number of checks of the flight path such as avoiding duplicate waypoints, waypoints outside flight path restrictions and minimum and maximum altitude restrictions;
  • a number of pre-flight checks that must all be passed before the UAV will be able to fly, including GPS signal, flight path, battery level and status errors; and
  • a range of options available during flight to initiate automated return to home and landing
Indemnity

You agree to indemnify us and the Distributor against, and hold us and the Distributor harmless from, any claims, actions, damages, judgements, fines, penalties or demands relating to or arising out of your use of or our supply of any one or more of the Software, Code, Documentation, Devices or Other Services, including but not limited to:
  • any Output you create through the Software;
  • your use or misuse of the Software, Code, Documentation, Devices or Output;
  • any breach of this Agreement by you;
  • any breach of third party rights by you; and
  • any unlawful, wilful or negligent act or omission by you
Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives the termination, completion and expiration of this Agreement. It is not necessary for a party to incur expense or make any payment before enforcing a right of indemnity conferred by this Agreement

Software security

We do not guarantee that information or media transmitted over the internet and/or through the Software is totally secure. Therefore, when you create or upload any Output you do so at your own risk. We take reasonable steps to keep your Output secure while it is in our own systems but we do not guarantee that it is secure

Your use of the Software is at your own risk. We do not guarantee that the Software is free from viruses, or that access to the Software will be uninterrupted. You should therefore ensure that your equipment is protected from viruses and any other interference that could damage your Device or equipment

Information about you & your privacy

When you download and use the Software, we may collect personal information about you, including your credit card or payment details. Ordinarily, we tell you the purposes for which we collect that information when it is collected. As a general rule, we only collect such information which is necessary for us to provide our product to you or to maintain our relationship with you

Our Privacy Policy at www.requestdirect.com/privacy sets out how we collect and deal with personal information generally, including our use of cookies on any of your devices. Our Privacy Policy forms part of this Agreement, and if inconsistent with this Agreement, this Agreement will take precedence

By downloading, installing and using the Software you acknowledge and agree with our Privacy Policy, and consent for us to collect and disclose your personal information as necessary to provide the product to you

Third party websites

The Software may contain links to other products and services of third parties. We do not endorse or otherwise approve the owners or operators of the third party website, or the information, graphics and material on those websites or the goods or services (including software) offered on those websites

To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website, application or the goods and services (including software) offered by a third party or any information appearing in any product or service we may offer

We may receive payments from third parties in relation to goods or services supplied or received as a result of users and third parties accessing any links to third party applications or websites contained in the Software or website

Third party applications and websites are not subject to our privacy standards so you should review the privacy policy and any other relevant notice that appears on a third party application or website

Intellectual Property

You acknowledge all Content and Intellectual Property held, located within and related to the Software, Code and Documentation is the property of Us and our related bodies corporate and protected by Intellectual Property law. Nothing in this Agreement conveys or vests to you any interests or ownership in Our Content or Intellectual Property

You retain ownership of any intellectual property rights that you hold in the Output. In short, what belongs to you stays yours. However we require a licence to use your Output. You grant us (and those we work with) a non-exclusive, worldwide license to use, store, reproduce, process, modify, publish, incorporate, transmit, display, and distribute your Output. This license continues even if you stop using the Software

We may provide tools through the Software that enable the export of information, including the Output, to third party services. By using the Software, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information

Any improvements, suggestions, ideas, enhancement requests, feedback, recommendations, templates, libraries or other software or information you provide to or jointly develop with Us shall belong solely to Us

Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of it without our prior written consent

The Software and Intellectual Property includes trademarks owned by us (or our related bodies corporate). You must not use any of these trade marks in any way without our prior written consent

You must not, without our prior written consent, redistribute or resell the Software, Documentation or the Intellectual Property in the Software or Documentation

You agree that you will not do or cause to be done any act or thing that may impair any of Our Intellectual Property rights in connection with the Software, Code and Documentation

You agree that you must not and will not:
  • copy, sell, market, license, sublicense, lend, loan, distribute, transmit, rent, lease, upload, post, electronically transfer or otherwise assign or transfer or directly or indirectly permit any third party to use, access, exploit or copy any part of the Software, Code or Documentation;
  • copy ideas, features, functions or graphics of the Software or Documentation for use in another product or service; or
  • incorporate or use the Software in whole or in part in any other software, service or product
Permitted use

You agree not to use the Software:
  • for any purpose that is unlawful or prohibited by this Agreement;
  • in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party's use and enjoyment of the Software;
  • to attempt to gain unauthorised access to any service, other accounts, computer systems or networks connected to our server through hacking, password mining or any other means;
  • to attempt to obtain any materials or information through any means not intentionally made available through the Software;
  • to offer or provide a commercial bureau or application service provider service;
  • to transmit or otherwise make available any content or media that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • to impersonate any person or entity;
  • to transmit or otherwise make available any content that you do not have a right to make available under any law or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • to transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation unless expressly authorised to do so;
  • to stalk or otherwise harass another; or
  • to collect or store personal data about other users
You agree to not:
  • modify, customise, reverse engineer or disassemble the Software or the Code;
  • input or store materials into or in the Software or Code containing software viruses, worms, trojan horses or other harmful computer code, files scripts, agents or programs;
  • interfere with or disrupt the integrity or performance of the Software or Code; or
  • circumvent, alter or modify disabling mechanisms which may be resident in the Software or mechanisms that control access to use of the Software
We have the right (but not the obligation) in our sole discretion to:
  • refuse the transmission of any content via the Software;
  • refuse access to or use of the Software;
  • move any content that is available via the Software;
  • to remove any content that violates this Agreement or is otherwise deemed by us to be objectionable; and
  • preserve or disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (A) comply with legal process; (B) enforce the Agreement; (C) respond to claims that any content violates the rights of third-parties; or (D) protect our rights, property or the personal safety of our staff, other users and the public
As a condition of your use of the Software, you authorise us to include at our absolute and sole discretion you or your organisation’s name and logo (including any trade mark) in our published list of users and marketing and promotional materials

Termination and modification of Software

We may in our sole discretion immediately suspend, terminate or limit your access to the Software, Documentation if:
  • we deem that you are in breach of this Agreement or our Privacy Policy;
  • you have not paid any fee payable under this Agreement on the date they are due; or
  • we deem that your use of the Software is low and warrants termination of your access
We will notify you of such suspension, termination or limitation by email within 5 Business Days. You agree that we will not be liable to you or any third-party for any termination of your access to the Software or Documentation

We will be entitled to terminate this Agreement immediately upon delivery of written notice of termination to you if you commit or permit any one or more of the following acts:
  • any act of bankruptcy or insolvency;
  • the appointment of a receiver or administrator or other custodian (either temporary or permanent) to your business or any part of your assets;
  • make an assignment of or charge over your rights arising under this Agreement without the prior written consent of Us;
  • other than in the case of a bona fide dispute, violate any law, ordinance, rule or regulation of any governmental or other authority in connection with the use of the Software, Documentation or and do not correct such violation within 10 Business Days after the written notice of such violation to comply (which shall describe the action that you must take) is delivered to you; or
  • breach any material term of this Agreement and fail to remedy the breach within 10 Business Days of written notification of the breach
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software and Documentation (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Software, Documentation or our related services.

We do not guarantee that information or media transmitted over the internet and/or through the Software is totally secure. Therefore, when you create or upload any Output you do so at your own risk. We take reasonable steps to keep the Output secure while it is in our own systems but we do not guarantee that it is secure

On termination of this Agreement, you must immediately:
  • pay us the balance of any Fees payable for the remainder of the minimum licence period specified in the Agreement or Order Form;
  • deliver to us all other property of Ours which is in your possession;
  • deliver to us or destroy as directed any material documents or copies (including electronic copies) of our Confidential Information or other materials in your possession; and
  • cease accessing or using the Software, any of our systems, electronic or communications links
Goods and Services Tax (GST) for Australian users

Terms used in this clause have the same meaning as in the GST Act. The Fees specified in this Agreement do not include an amount for GST unless otherwise stated

Where GST is imposed on any supply made under this Agreement by one party (“Supplying Party”) to another party (“Receiving Party”), the Receiving Party must pay or provide the GST Exclusive Consideration for the supply and, in addition to and at the same time as the GST Exclusive Consideration is payable or to be provided, an additional amount calculated by multiplying the value of that GST Exclusive Consideration (without deduction or set-off) by the prevailing GST rate. This clause does not apply to a supply for which a GST inclusive consideration has been agreed

Jurisdiction, severability and waiver

The information in the Software and this Agreement have been prepared in accordance with the laws of the State of Western Australia, and the Commonwealth of Australia. The Software may not comply with the laws of another State, territory or country

The terms and conditions of this Agreement will be construed in accordance with the laws in force in the State of Western Australia, and we both agree to submit to the non-exclusive jurisdiction of the courts of Western Australia

If any provisions of this Agreement become void, voidable or unenforceable then those provisions are deemed to be severed and the remaining provisions will continue to have full force and effect

Any failure or delay by Us in exercising any right, power or privilege available to us will not operate as a waiver of that power or right

We shall not be in breach of this Agreement or be liable to you if we fail to perform or delay the performance of an obligation as a result of an event beyond our reasonable control, including, but not limited to, strikes, industrial disputes, fire, flood, act of a god, war, insurrection, vandalism, sabotage, invasion, riot, national emergency, piracy, hijack, acts of terrorism, embargoes or restraints, legislation, regulation, order or other act of any government or governmental agency

Changes to this Agreement

This Agreement sets out our current End User Licence Agreement for the Software. It replaces any other Licence Agreement which we have previously issued

We may amend this Agreement (including any schedules and any Fees payable) at any time. If we do, we will publish the amended version in the Software, on our website www.requestdirect.com or via email to you. By accepting this Agreement, you agree that our publishing or sending to you of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of the Software will constitute your acceptance of those amendments

Changes to the Fees will take effect at the end of any term specified in the Order Form

We suggest you periodically review our website for any changes

All information within the Software is subject to change without notice

Notice

We may give Notice under this Agreement by means of notice on the Software, on our website, or by email

Contacting us

If you have any questions regarding this Agreement please contact us at support@requestdirect.com
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