Licensing and Agreement

Updated: 19 June, 2021.

Please read this Single-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using Excel Pilot Logbook (“Software”).

By clicking the “I Agree” button, downloading or using the Software, you are agreeing to be bound by the terms and conditions of this Agreement on this page and the Checkout page.

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Software.

License

1. Under this Single-User License Agreement (the “Agreement”), Excel Aviation Limited (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use Excel Pilot Logbook^TM (the “Software”).
2. “Software” includes the spreadsheet files, the source code and any related printed, electronic and online documentation and any other files that may accompany the product.
3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.

Restrictions

4. The Software may only be used by 1 (one) User: the Licensee.
5. The Software may not be loaded onto more than one computer. A single copy may be made for backup purposes only.
6. You agree not to, and you will not permit others to:

• license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party.

7. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
8. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
9. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

License Fee

10. The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.

Delivery

11. The Vendor will provide a link to download the Software via email. The Software is an electronic file in .xlsx format and requires any one of the following programs to run (these programs not included with the purchase):

• Microsoft Excel for Windows and Mac
• Numbers for Mac
• LibreOffice (free to download)
• OpenOffice (free to download)
• Google Sheets (free to use) – Viewable online in any web browser
• Google Sheets App (free to download) – Mobile App

12. The Software is not an executable program which operates or executes individually.

Limitation of Liability

13. The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
14. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
15. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
16. The Software is designed to assist you with Currency calculations, however, we strongly recommend that you check your countries specific regulations and that the Excel Pilot Logbook^TM User Settings are configured appropriately. Excel Aviation LTD accepts no liability for any flights taken place where the pilot is actually not current due to false information gained from the Excel Pilot Logbook^TM calculations. Any responsibility or liability rests with the Pilot-In-Command.
17. Where the Vendor feels any of the Software is non-conforming to its specifications, the Vendor may choose to remedy this issue by any of the following: to repair or replace any or all of the Software; or provide a refund to the Licensee.
18. Any refund provided under this section may be reduced where the Licensee has gained significant use and value from the Software. The reduction will be prorated over the anticipated life of the Software.

Warrants and Representations

19. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.

Acceptance

20. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on registration of the Software with the Vendor.

User Support

21. The Licensee will be entitled to 12 months of Real-time chat support, email support available 0900 to 1700 UTC +12, Weekdays only, at no additional cost.
22. The Licensee will be entitled to maintenance upgrades and bug fixes, at no additional cost, for a period of 12 months from the date of Acceptance.
23. The Software may periodically be updated to fix bugs and compatibility issues. When this does happen, we require your contact information to inform you of these. See our Privacy Policy for more details.

Term

24. The term of this Agreement will begin on Acceptance and is perpetual.

Termination

25. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.

Force Majeure

26. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Governing Law

27. The Parties to this Agreement submit to the jurisdiction of the courts of New Zealand for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of New Zealand.

Copyrights and Trademarks

28. Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Software and/or Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Excel Aviation LTD.
29. Our Software and Website as a whole are protected by copyright and trade dress. Nothing on our Software and/or Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Software and/or Website, without the prior written permission of the Intellectual Property owner.
30. Excel Aviation LTD aggressively enforces its intellectual property rights to the fullest extent of the law.
31. The names and logos of Excel Aviation LTD, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Software and/or Website, without prior, written permission from Excel Aviation LTD.
32. Excel Aviation LTD prohibits use of any logo of Excel Aviation LTD or any of its affiliates as part of a link to or from any Website unless Excel Aviation LTD approves such link in advance and in writing. Fair use of Excel Aviation LTD’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Miscellaneous

33. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
34. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
35. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
36. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
37. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.

Modifications to this Agreement

38. We reserve the right to:

• Change or modify the current terms of use without prior notice or consent;
• Refuse or cancel a license if fraud or abuse is suspected.

Refunds

38. We firmly believe in and stand behind our spreadsheets 100%, but we understand that it cannot work perfectly for everyone all of the time. If you have an issue that we are unable to resolve that makes the system unusable, we will be happy to consider offering a refund.
39. Refunds will be offered at our sole discretion and must meet all of the following conditions:

• You are within the first 30 days of the purchase of the product.  After 30 days no refunds can be processed and;
• Your issue(s) comes from not being able to open the product properly or get the product to perform its basic functions and;
• You have attempted to resolve your issue(s) with our support team and;
• Issues caused by 3rd party software or operating systems, and when there is a suitable alternative (e.g. Google Sheets – free), will not provide grounds for a refund.

Please note that by purchasing the product, you agree to the terms of the refund policy. To submit a refund request, please contact us.

Contact

Excel Aviation LTD trading as Excel Pilot Logbook^TM.

PO Box 301720, Auckland, New Zealand

support@excelpilotlogbook.com

If you have any questions regarding this Software License Agreement, please contact us:

• By visiting this page on our website: https://excelpilotlogbook.com/support/