END USER LICENSE AGREEMENT
This End User License Agreement (EULA) is effective as of Monday, April 1st, 2019.
END USER LICENSE AGREEMENT
The Complete CFI Binder, Complete CFII Binder, or Complete MEI Binder (including the different publication editions) together with accompanying documentation is each a “Subscription Product” that is licensed to you and not sold. This ELUA also applies to other products that are licensed to you through our website (“Other Products” or collectively with Subscription Products, “Products”). All Products are protected by copyright laws and treaties, as well as laws and treaties concerning other applicable forms of intellectual property. Divergent Aerospace, Ltd. or its subsidiaries, affiliates, and suppliers (collectively “Divergent”) own intellectual property rights in the Products that may or may not be associated with a direct subscription. Your license to download and use the Subscription Product as an end user of a Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING ANY SUBSCRIPTION PRODUCT OR OTHER PRODUCT. BY SUBMITTING YOUR ORDER ON OUR WEBSITE, YOU ARE REQUIRED TO REVIEW OUR LEGAL PAGE WHICH CONTAINS THIS EULA AND OTHER TERMS AND CONDITIONS. AFTER REVIEWING SAID LEGAL PAGE, YOU MUST PHYSICALLY CLICK ON A MANDATORY “AGREE” RADIO BUTTON BEFORE YOUR ORDER WILL BE PROCESSED. BY CONTINUING TO PLACE YOUR ORDER, DOWNLOADING, USING, OR PRINTING THE SUBSCRIPTION PRODUCT, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, AND DO AGREE TO THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE, YOU MUST NOT CONTINUE SUBMITTING YOUR ORDER, YOU MUST NOT INSTALL, USE, OR PRINT THE SUBSCRIPTION PRODUCT IN ANY WAY. IF YOU HAVE ALREADY DOWNLOADED THE SUBSCRIPTION PRODUCT, YOU MUST DELETE IT FROM YOUR DEVICE IMMEDIATELY. YOU ALSO UNDERSTAND THAT YOU WILL NOT BE GIVEN A REFUND.
This Agreement is a non-exclusive license for personal, private use of a Subscription Product during the term of the Agreement as follows: The license allows you to download a single copy of the Subscription Product a maximum of five (5) times until the next update is released. Each time an update is released, you are granted an additional five downloads. Downloads will continue to be granted until the subscription is canceled. Once the subscription is canceled, downloads will be removed from your customer account once the termination date for your subscription has been reached. Subscription Termination occurs one year from the date of original purchase or date of the last subscription renewal.
EACH COPY OF A COMPLETE CFI BINDER PRODUCT IS A SUBSCRIPTION SUBJECT TO ITS OWN LICENSE AND FEE.
EXAMPLE – YOU PURCHASE A COPY OF THE COMPLETE CFI BINDER, C172-RG EDITION; THIS REQUIRES A USER LICENSE. YOU ALSO PURCHASE A COPY OF THE COMPLETE CFI BINDER, PA-28R-201 EDITION; THIS ALSO REQUIRES A USER LICENSE. IN THIS EXAMPLE. YOU ARE REQUIRED TO PAY FOR TWO SEPARATE LICENSES, EACH OF WHICH INCURS A SEPARATE FEE.
You are permitted to install a maximum of four (4) individual copies, per Subscription Product, simultaneously, on any devices that you personally own, so long as they remain in your possession, for your personal use, only. In addition, you are permitted to make one archival copy, per Subscription Product. The archival copy may only be used for emergency recovery purposes (reinstallation of a Subscription Product, following a device failure). The archival copy must be stored on a medium other than a computer hard drive. The license being granted to you is for personal use only. This license prohibits the commercial use of the Subscription Product in any way. Furthermore, you understand that you are being granted a single license for private use only. You are not permitted to share copies of the Subscription Product with anyone, except yourself, the original subscriber. For information regarding commercial licensing of the Subscription Product, please contact our corporate headquarters at the address listed below:
Divergent Aerospace, Ltd.
600 Seventeenth Street
Suite 2800 South (28th Floor)
Denver, Colorado 80202-5428
RESTRICTIONS ON TRANSFER
Without first obtaining the express written consent of Divergent, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, modify, sell, rent, lease, sublicense, or otherwise transfer your rights to the Subscription Product.
RESTRICTIONS ON USE
You are restricted to downloading any Subscription Product a maximum of five (5) times after initial subscription. Thence, a maximum of five (5) times after any update to the Subscription Product is published, so long as you remain a subscriber.
You are permitted to install a maximum of four (4) individual copies, per Subscription Product, on any devices that you personally own, so long as they remain in your possession, for your personal use, only. In addition, you are permitted to make one archival copy, per Subscription Product. You are not permitted to share copies of the Subscription Product with anyone, except yourself, the original subscriber. You are prohibited from using our products for commercial use in any way. You may not copy or modify any of our products in any way (with the exception to annotating e-books for personal study). You may not use, copy, or simultaneously install any Subscription Product on more than four (4) devices which are personally owned by you, and are personally used by you. Nor are you permitted to copy, transfer, or install the Subscription Product on a device which is not owned by you. Furthermore, you are absolutely prohibited from permitting persons other than yourself from using, downloading, accessing, or printing a copy of said Subscription Product. You will not share the Subscription Product with anyone other than the original license-holder (the original license-holder is the subscriber who created the customer account through which the Product was originally purchased). If you hold multiple, validly licensed copies, you may not use, copy, or install the Subscription Product on any system with more than the number of devices permitted by license, or permit the use, copying, or installation by more users, or on more devices than the number permitted by the license. You may not decompile, “reverse-engineer”, disassemble, copy, destroy, deface, or otherwise attempt to modify the content of the Subscription Product or any Other Product.
RESTRICTIONS ON ALTERATION
You may not modify any of our Products or create any derivative work from our Products or their accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of our Products.
RESTRICTIONS ON COPYING
You may not copy any part of our Products except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY DIVERGENT, DIVERGENT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH OUR PRODUCTS.
Divergent makes no warranty that any of our Products will meet your requirements or operate under your specific conditions of use. Divergent makes no warranty that operation of a Subscription Product will be secure, error-free, or free from interruption. YOU MUST DETERMINE WHETHER OUR PRODUCTS SUFFICIENTLY MEET YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SUBSCRIPTION PRODUCT TO MEET YOUR REQUIREMENTS. DIVERGENT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL DIVERGENT, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SUBSCRIPTION PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF DIVERGENT OR ANY OTHER PARTY, EVEN IF DIVERGENT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS DIVERGENT’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
LIMITATION OF REMEDIES AND DAMAGES
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is a corrected copy of the Product. You understand that corrections to the Subscription Product occur on a semi-annual basis, up to twice per year. You also understand that Divergent does not provide specific delivery dates to customers on when a correction will be published. Any dates given are mere estimates provided as a courtesy and you agree to hold Divergent harmless if we do not publish updates on such dates. Any and all content modifications within any Product licensed by Divergent is at the sole discretion of Divergent.
You will not be entitled to any refund whatsoever. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Divergent to have been caused by you. All limited warranties on the Subscription Product are granted only to you and are non-transferable. You agree to indemnify and hold Divergent harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
GOVERNING LAW, JURISDICTION, AND COSTS
This site (excluding any linked sites) is controlled by Divergent from our offices within the State of Colorado, in The United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this site, both of us agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits that any and all claims, controversies, breaches or disputes arising from or related to this Agreement, including those pertaining to the formation, construction, performance, applicability, interpretation, or enforceability of this Agreement, or any claim or assertion that all or part of this Agreement is void or voidable, shall be settled by binding arbitration before one arbitrator according to the rules and procedures of JAMS . The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this agreement. The arbitrator may consider the testimony and evidence presented by the parties through any or all of the following types of hearings: documentary hearing, teleconference hearing, or through a standard scheduled hearing physically-attended by the parties and legal counsel if any. Any standard arbitration hearing that requires the parties’ physical presence shall be held in Denver, Colorado. The Parties also agree that any award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
AUTOMATIC SUBSCRIPTION ENROLLMENT
You are automatically enrolled in a program called a “Premium Update Subscription.” This is your license subscription. At the time of purchase, you are initially purchasing the right to utilize said license for a period of one-year. After the one-year period lapses, you will be automatically billed for an additional year. This will continue until you cancel your subscription, subsequently forfeiting your license for continued product use.
YOU ARE PERMITTED TO CANCEL YOUR SUBSCRIPTION LINKED TO A PRODUCT AT ANY TIME IN YOUR CUSTOMER ACCOUNT, LOCATED AT HTTPS://WWW.DIVERGENTAERO.COM/LEARNER-PROFILE/. CANCELLATION WILL BE EFFECTIVE ON THE NEXT ANNIVERSARY DATE OF YOUR SUBSCRIPTION. ONCE YOUR LICENSE IS CANCELED, YOUR SUBSCRIPTION WILL ENTER A “PENDING CANCELATION” STATUS; PERMITTING YOU TO DOWNLOAD PRODUCT UPDATES UNTIL YOUR SUBSCRIPTION FULLY EXPIRES ON THE DAY WHICH OCCURS EXACTLY ONE-YEAR FROM THE INITIAL DATE OF PURCHASE. AT THIS TIME, BILLING WILL STOP, AND YOUR LICENSE TO USE, AND YOUR ACCESS TO, THE SUBSCRIPTION PRODUCT WILL END. ONCE YOUR LICENSE IS CANCELED, YOU WILL BE OBLIGATED TO DELETE AND REMOVE ALL COPIES OF THE SUBSCRIPTION PRODUCT IN YOUR POSSESSION, AND YOU NO LONGER HAVE ANY RIGHTS WHATSOEVER TO INSTALL, USE, RETAIN, OR VIEW THE SUBSCRIPTION PRODUCT. AT SAID TIME, ALL COPIES OF THE SUBSCRIPTION PRODUCT MUST BE DELETED FROM ALL DEVICES IN WHICH THEY WERE INSTALLED, INCLUDING ON THE STORAGE MEDIUM FOR ARCHIVAL PURPOSES.
ONCE A SUBSCRIPTION (LICENSE) IS CANCELLED. IT CAN BE REINSTATED. OUR CUSTOMER SIMPLY WOULD NEED TO RE-SUBSCRIBE TO THE SUBSCRIPTION PRODUCT AND PAY THE ANNUAL SUBSCRIPTION FEES. TO RE-SUBSCRIBE TO A SUBSCRIPTION, YOU MUST GO TO YOUR CUSTOMER ACCOUNT LOCATED AT HTTPS://WWW.DIVERGENTAERO.COM/LEARNER-PROFILE/SUBSCRIPTIONS/, THEN CLICK VIEW (ON THE CANCELLED SUBSCRIPTION), THEN RE-SUBSCRIBE. PAY THE FEES, AND YOUR SUBSCRIPTION WILL BE INSTANTLY REINSTATED. MORE INFORMATION ON HOW TO RE-SUBSCRIBE CAN BE FOUND AT HTTPS://HELP.DIVERGENTAERO.COM/.