End User License Agreement and Terms of Use
This App and associated data are provided by Tremont Air, LLC for educational and informational purposes only, are to be used only in conjunction with your Pilot Informational Manual (“PIM”)/Pilot Operating Handbook (“POH”)/Airplane Flight Manual (“AFM”), including all updates thereto. These End User License Agreement and Terms of Use (“Terms”) may be updated from time to time, and You (‘User”) acknowledges the acceptance of and agree to be bound by these Terms by downloading, installing, and/or using this App. A copy of these Terms may be found https://tremontair.com.
By accepting these Terms, User acknowledges that Tremont Air grants you a non-exclusive, non-transferable, non-assignable, revocable license to install and use this App for your personal and exclusive use on a supported devise and for the purposes of supporting your regular of the applicable aircraft’s PIM/POH/AFM. This app may not be distributed or modified, and any person other than the User may not use this App.
The App is provided “as is” and is made available to the User without any warranties whatsoever, either express, implied, imposed by statute, including any warranty of merchantability, fitness for a particular purpose, non-infringement, or as to their accuracy and applicability. The App and any information provided therein are for reference only and are only to be used after confirmation and verification against your aircraft’s PIM/POH/AFM. User agrees to configure the App to correspond with User’s aircraft and that you alone are responsible for verification of any data, parameters, information, etc. “App” includes any updates or modifications to the App made available to you by Tremont Air.
User acknowledges and accepts that Tremont Air expressly disclaims any and all responsibility and liability which may be claimed or asserted by User or his/her/its heirs, beneficiaries, employees, agents, assigns, licensees, invitees, or guests arising from or claimed to have arisen from reliance upon the procedures and information set forth in the App’s software and associated data. The information contained in this software may be subject to periodic and even frequent modification, and the user should therefore always refer to the current official Aircraft POH/PIM/AFM and all amendments to the official Aircraft POH/PIM/AFM for up-to-date instructions, information and requirements.
User and his/her/its successors and assigns agree to defend, indemnify, save, and hold harmless Tremont Air and its owners, officers, directors, and employees from and against any and all claims, suits, demands, losses, costs and expenses (including attorney’s fees), damages, and/or causes of action, wherever situated, directly or indirectly arising from use of this App, in any manner whatsoever, by any person, corporation, or entity. Such indemnity shall extend to all claims related to, as a consequence of injury from, or for damages allegedly sustained through use of this App.
Tremont Air and its owners, officers, directors, managers, members, or employees are not liable for direct, indirect, incidental, consequential, punitive, or special damages, including loss of business, loss of use, loss of data, damage to devices, aircraft or any other property, or any damages with respect to property damage, personal injury, or death.
User acknowledges and agrees that the operation of an aircraft involves inherent risks of accident, loss (including loss personal and real property), serious bodily injury, and/or death to User and any third-parties. User hereby expressly assumes all risk of loss and harm to User and to others that may result from use of the App.
This Agreement is the entire agreement between User and Tremont Air and supersedes any and all prior agreements, negotiations, or other communications, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein. This Agreement cannot be modified except in writing signed by both parties. If any provision of this Agreement is held to be invalid or unenforceable, then: (a) such provision shall be severed from this Agreement and (b) all other provisions shall remain valid and enforceable. Tremont Air may assign this Agreement without restriction and without any notice to User. Subject to the foregoing, this Agreement shall be binding on the parties and their respective successors and assigns. User acknowledge and understand that if Tremont Air is unable to provide the service as a result of a force majeure event, Tremont Air will not be in breach of this Agreement. A force majeure event means any event beyond the control of Tremont Air. The failure to exercise, or delay in exercising, a right, power or remedy provided in this Agreement or by law shall not constitute a waiver of that right, power or remedy. Tremont Air’s waiver of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or subsequent breach of the Agreement by User. The English language version of this Agreement shall be the official and controlling version, and any translation provided is solely for convenience.
User acknowledges that this Agreement is between User and Tremont Air only, not with Apple, and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then User may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by User or any third party relating to the App or User’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App and/or User’s possession and use of the App infringe that third-party's intellectual property rights. User agrees to comply with any applicable third-party terms, when using the App. Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. User represents and warrants that (i) User is not located in a country 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 (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.
Users privacy is very important to Tremont Air. Therefore, Tremont Air does not have access to any personally identifiable information, does not use personally identifiable information for any reason, and does not collect personally identifiable information. Upon download/installation/use, User is given an anonymized User Device Unique Identification (“UDID”) that is used solely for the purposes of counting total number of App users. Also, the type of aircraft is collected, but personal information of the User is not. No other data or information is collected by Tremont Air.
User provides Tremont Air with information when User enters data into the App; however, that information is not used or accessed by Tremont Air.
Tremont Air does not use cookies.
Tremont air does not share UDID information. User’s UDID will be retained for a length of time depending on the purposes for which it is collected and as required to comply with applicable law.
By checking the box below, you affirm that the device on which you are running the App is and will be used only by you. This will prevent this page from being displayed the next time the App is started. By pressing the “Agree” button below, User acknowledges that acceptance of the above Terms. If User does not accept, User is not authorized to use this App, and the App will not function.