1. Grant of License and Restrictions on Use:
Highlander Aviation Ltd. (”High Lander”) shall grant You a non-exclusive, nontransferable, non-sublicensable, non-assignable, revocable, limited license to install and use the Software for your internal use only (the “License”). THIS SOFTWARE IS LICENSED TO YOU, NOT SOLD. You agree not to: (i) copy, reproduce, sell, license (or sub-license), lease, loan, assign, transfer, or pledge the Software or any part thereof, or otherwise permit any third party to do any of the foregoing; (ii) modify, disassemble, decompile, reverse engineer, revise or enhance or create any derivative works or otherwise merge or utilize all or any part of the Software with or into any third party materials or components or attempt to access or discover the Software’s source code; (iii) place the Software onto a server so that it is accessible via a public network or use the Software for timesharing or service bureau purposes; (iv) ship, transfer, or export the Software or any component thereof or use the Software in any manner, prohibited by law, including without limitation to, sell, distribute, export or download Software: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Lebanon or Syria, (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals, (c) to any country to which such export or re-export is restricted or prohibited, or as to which the U.S. or Israeli government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval, or (d) otherwise in violation of any export or import restrictions, laws or regulations of the U.S. or Israel or any foreign agency or authority; (v) contest High Lander’s intellectual property rights to the High Lander IPR; (vi) perform any act or be responsible to any omission that is illegal or in High Lander’s discretion jeopardizes, destabilizes. interrupts or encumbers the Software or their server and/or has a detrimental impact on Highlander and/or High Lander IPR; (vii) transmit or upload any spam, viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (viii) access any Software and/or their servers through or use with the Software any unauthorized means, services or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of the Software; (ix) use the Software for any purpose other than as permitted by these Terms; (x) utilize the Software including without limitation any related point of presence, servers and network, in any way which will result in the violation or circumvention of any applicable laws or regulations including, without limitation, those enforcing censorship, privacy, government authority restrictions or other; (xi) directly or indirectly conduct any penetration testing (including to user’s systems, network and/or servers) through or using the Software and/or their respective connectivity or network; (xii) remove or otherwise alter any of High Lander’s trademarks, logos, copyrights or other proprietary notices or indicia, if any, fixed or attached to the Software; (xiii) disclose, publish or otherwise make publicly available the results of any benchmarking of the Software; or (ix) cause or permit any third party to do any of the foregoing. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Software, including without limitation paying all fees and other costs related to internet access.
All right, title and interest, in and to the Software, Feedback (defined below) and any modifications, enhancements and derivatives thereof and ll intellectual property rights thereto are owned by High Lander and/or its licensors (“High Lander IPR”). You agree that any feedback or ideas you provide to High Lander regarding the Software, their use or any suggested improvements, enhancements or derivatives thereto ("Feedback") will be the exclusive property of High Lander and shall be deemed as High Lander IPR and confidential information.
3. Flight Planning:
High Lander allows users to register flight plans through the Software, providing a convenient tool for users to plan and organize their drone flights. It's important to note that while the Software facilitates the planning process, it does not assume any legal responsibility for the actual flight itself. Users are responsible for ensuring that their drone operations comply with all relevant laws, regulations, and safety guidelines.
4. User Warranties and Limitation of Liability:
Users are solely responsible for the operation of their drones and equipment. High Lander is not legally responsible for any damage, injury, or harm caused during the operation of drones or related equipment. Users acknowledge that the use of drones involves inherent risks, and High Lander disclaims any liability for accidents, malfunctions, or other issues that may arise during drone operation. You represent and warrant to High Lander that: (a) you have, and will have at all times, all rights, licenses and consents required for your use of the Software; and (b) you and your use of the Software will comply with all applicable laws, rules and regulations; and (c) you are not located in or a national or resident of any of the countries or entities referred to in Section 1(iv) above and/or any country or entity that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties. TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL HIGH LANDER AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS (COLLECTIVELY, “AFFILIATE”) BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SOFTWARE, OR RELIANCE ON ANY OF THE SOFTWARE OR HIGH LANDER IPR OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY HIGH LANDER. IN NO EVENT SHALL HIGH LANDER AND ITS AFFILIATE’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, HIGH LANDER IPR AND/OR THE SOFTWARE, EXCEED $100 US DOLLARS.
6. Use of Third-Party Services:
If the Software integrates with or uses any third-party services, files or components Users are subject to the terms and conditions of those services, files or components. High Lander disclaims any liability arising from the use of third-party services, files or components.
7. Changes and Termination:
High Lander reserves the right to modify or update the Software, the High Lander IPR and/or these Terms at any time. Users will be notified of such changes through the Software or other communication channels. It is the User's responsibility to regularly review these Terms. Continued use of the Software after any changes constitutes acceptance of the modified Terms or Software.
High Lander may terminate these Terms and/or suspend your right to access or use any portion or all of the Software and/or High Lander IPR immediately at High Lander’s sole discretion without notice. Upon termination you shall immediately cease using the Software and the following Sections shall survive: 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12.
8. Regulatory Compliance:
The User acknowledges and agrees that they are solely responsible for compliance with all laws, regulations, and rules including without limitation those that apply to the operation of unmanned aerial vehicles (UAVs) or drones in their jurisdiction. High Lander's Software serves as a tool for flight planning and management and does not relieve the User of their obligations under applicable local, state, national, and international laws and regulations. The User must ensure that their use of the Software is in compliance with all applicable legal requirements including without limitation those governing drone operations in their area of operation.
9. Insurance Requirements:
The User shall be solely responsible for obtaining and maintaining appropriate insurance coverage for their drone operations. High Lander disclaims any liability for incidents or damages arising from the use of its Software in the User's drone operations. It is the User’s responsibility to ensure that their drone operations are adequately insured as per the requirements of the jurisdiction in which they operate. The User agrees that High Lander shall not be held liable for any claims, damages, or losses which may arise due to the absence of, inadequacy of, or non-compliance with any insurance coverage by the User.
10. Entire Agreement; Assignment; Applicable Law and Dispute Resolution:
These Terms are the entire agreement between you and High Lander regarding the subject matter herein. High Lander may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Highlander. This Agreement and any dispute or claim arising out of or in connection with it are governed by and construed in accordance with the laws of the State of Israel, without giving effect to any choice or conflict of law provision or rule. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be exclusively settled by arbitration in Tel Aviv, Israel, in accordance with the rules of the Israeli Arbitration Association then in effect, and the arbitral decision may be enforced in any court of competent jurisdiction. ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.
11. Indemnification and Limitations:
Users agree to defend, indemnify and hold High Lander and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless from any claims, damages, losses, or liabilities arising from their use of the Software and/or violation of these Terms, and/or infringement of any third-party rights.
The use of the Software is at the User's own risk. The Software and/or High Lander IPR are provided “as is” without warranties of any kind. High Lander disclaims any and all warranties, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, High Lander disclaims all warranties, express or implied, including without limitation implied warranties of merchantability, security, noninfringement and fitness for a particular purpose. High Lander does not warrant or make any representations regarding the use or the results of the use of the High Lander IPR or Software including without limitation their correctness, usefulness, accuracy, reliability, availability or otherwise. you are responsible for taking all precautions necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of or reliance upon the Software and/or any of the High Lander IPR.
13. Contact Information:
If you have any questions or concerns about these Terms, please contact us at Support@highlander.io
Thank you for using High Lander!