Nondisclosure agreement

1. Grant of License
This Software License Agreement (“Agreement”) grants you (the “User”) a non-exclusive, non-transferable license to use Talking Flight Monitor (the “Software”).
2. Restrictions
You may not:
• Modify, reverse engineer, or decompile the Software, including any associated services such as websites, servers, and other related components.
• Distribute, sublicense, or transfer the Software to any third party.
• Use the Software in any manner not expressly authorized by this Agreement.
3. Ownership
The Software is licensed, not sold. Talking Flight Monitor retains all rights, title, and interest in and to the Software, including any associated services such as websites, servers, and other related components, as well as all intellectual property rights.
4. Confidentiality and Non-Disclosure
4.1 Definition of Confidential Information
“Confidential Information” includes all information or material that has or could have commercial value or other utility in Talking Flight Monitor’s business, and is treated with confidentiality. This includes, but is not limited to, unpublished computer code, design definitions and specifications, flow diagrams and flowcharts, formulas and algorithms, system and user documentation, data structures and data compilations, marketing and sales data, customer lists, and pending patent applications.
4.2 Obligations of Receiving Party
The receiving party agrees to:
• Maintain the confidentiality of the Confidential Information.
• Use the Confidential Information solely for the purpose of using the Software as authorized by this Agreement.
• Not disclose Confidential Information to any third party without the prior written consent of Talking Flight Monitor.
4.3 Exclusions from Confidential Information
Confidential Information does not include information that:
• Is discovered or created by the receiving party before disclosure by Talking Flight Monitor.
• Is learned by the receiving party through legitimate means other than from Talking Flight Monitor or Talking Flight Monitor’s representatives.
• Is disclosed by the receiving party with Talking Flight Monitor’s prior written approval.
5. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term(s) of this Agreement. Upon termination, you must cease all use of the Software and destroy all copies.
6. Disclaimer of Warranties
The Software is provided “as is” without warranty of any kind. Talking Flight Monitor disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
7. Limitation of Liability
In no event shall Talking Flight Monitor be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of the use of or inability to use the Software.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Lynchburg, Virginia.
9. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.
10. Payment Terms
By participating in the beta program, the user agrees to pay $7.99/month until such time as their beta residency comes to an end. At that time, user has the option of subscribing at the normal rate. There are no refunds. If the User cancels their subscription, they will retain access to the Software for the remainder of their subscription term. The User is responsible for managing their subscription through their website account. Talking Flight Monitor will not be responsible for charges incurred due to the User’s failure to manage their account.
11. Support and Maintenance
Official support is provided through the services offered on the website (www.talkingflightmonitor.com). We will provide support through unofficial channels, but the timeliness may vary depending on other commitments. Users receiving support through unofficial channels may be referred to official channels by our support team. We will provide updates and upgrades during the term of the license agreement.
12. Indemnification
The licensee agrees to indemnify and hold harmless Talking Flight Monitor from any claims, damages, or liabilities arising from the licensee’s use of the Software. This includes, but is not limited to, any harm to oneself or others, hardware and software failures, and any other damages or liabilities that may arise from the use of the Software.
13. Data Privacy and Security
Talking Flight Monitor will comply with all applicable data protection laws and implement reasonable security measures to protect personal data collected through the Software.
14. Force Majeure
Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including natural disasters, war, or government action.
15. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and communications, whether written or oral.
16. Amendments
Any amendments to this Agreement must be made in writing and signed by both parties.
17. Assignment
The licensee may not assign or transfer their rights or obligations under this Agreement without the prior written consent of Talking Flight Monitor.
18. Notices
All notices required under this Agreement shall be in writing and delivered by email or registered mail to the addresses specified by the parties.
19. Dispute Resolution
Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Contact

Talking flight monitor

info@talkingflightmonitor.com