1. AGREEMENT BETWEEN YOU AND AVTECH

EagleEyes's branded software applications (collectively the"EagleEyes Software") including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto ("Updates"),and whether made available for free or for a fee, is supplied to you by AVTECH. These Terms of Use represent the agreement between you and AVTECH concerning EagleEyes Software. When you download and/or use EagleEyes Software, means you accept these terms.


2. CHANGE OR TERMINATE TO THE TERMS

AVTECH may update or otherwise terminate to these Terms of Use at any time, effective immediately. By continuing to use EagleEyes Software after such a modification, you are accepting these changes and will be held to the most recent form of these Terms of Use. If you do not agree with the amended Terms, you may terminate your relationship with AVTECH by immediately cease any and all use of EagleEyes Software.


3. REQUIREMENTS FOR USE OF EagleEyes

To use the EagleEyes Software to its full extent, you must own one of a compatible Smartphone Device, an AVTECH Product/Device, the AVTECH software application, and have internet access. You are responsible for providing all equipments required to access the internet or enable communications.


4. USE OF YOUR DEVICE

EagleEyes Software may use the processing capabilities, memory and bandwidth of Device (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection. If your use of EagleEyes Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your licence to use EagleEyes Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.


5. ACCOUNT

You will be required to create and maintain an account ("Account") in order to use certain functions (including security) of the EagleEyes Software. You are solely responsible for all activities that occur on your Account. AVTECH can terminate or suspend your access to your Account at any time if it reasonably suspects misuse in some manner. While creating the Account, you will provide Personal Information, and you agree your Personal Information can be collected, processed or stored. In addition to this, while using the EagleEyes Software; you will be collecting certain technical data. All data types will be kept confidential, secure, and fully compliant with all appropriate regulatory bodies.


6. TRANSFER AND DISCLOSURE OF DATA

You give consent to AVTECH for the collection and processing of your Account Data, and right of disclosure to law enforcement, government officials, and relevant third parties. This will be on a reasonable basis by AVTECH to fulfill legal obligations, reduce its own liability, or other appropriate use.


7. LICENCE

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, to download and install EagleEyes Software on a personal computer, mobile phone or other device; and personally use EagleEyes Software through your individual device ("Device"). You may not copy, transfer, or assign these rights unless permitted in these Terms of Use.


8. RESTRICTIONS

The EagleEyes Software contains copyrighted material, trade secrets and intellectual property. You may not undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of EagleEyes Software or any part or features thereof.


9. INTELLECTUAL PROPERTY.

EagleEyes Software associated trademarks and logos are trademarks of AVTECH, They may not be used without express consent from AVTECH. All software described in these Terms of Use owned exclusively by AVTECH, you may not use for any purpose without AVTECH's consent. AVTECH can disable or alter any content at any time without prior notice.


10. THIRD PARTY TECHNOLOGY

If you are using EagleEyes Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices ("Third Party Technology"), you agree and acknowledge that AVTECH cannot guarantee that EagleEyes Software shall always be available on or in connection with such Third Party Technology.


11. TERMINATION BY USER

These Terms of Use apply from the time they are accepted until the time they are terminated, which can be done at any time by discontinuing your use of EagleEyes Software. At this time, these Terms of Use will be immediately terminated. Any obligations of confidentiality, license, or restrictions will survive this Termination.


12. TERMINATION BY AVTECH

By not complying with these Terms of Use once accepted, AVTECH reserves the right to force Termination, discontinue your Account, and restrict future access to AVTECH's products.


13. NO WARRANTY

AVTECH cannot guarantee your ability to access EagleEyes Software, this may occur that are out of AVTECH's control. AVTECH also cannot guarantee EagleEyes Software will not contain errors, corruption, or interruptions..etc. You acknowledge and agree that AVTECH will have no liability whatsoever, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to AVTECH, in connection with or arising from your use of EagleEyes Software . Your only right or remedy with respect to any problems or dissatisfaction with such EagleEyes Software is to immediately uninstall such software and cease use of such software.


14. INDEMNITY

AVTECH will not be liable for any damages from your use of EagleEyes Software or related services, this includes errors, loss..etc.. You agree to indemnify AVTECH for any claims related to any claim, damage or loss (whether direct or indirect) arising from or relating to any third party.


15. MISCELLANEOUS

• 15.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto.
  
  
• 15.2 For your convenience, AVTECH may provide you with translations of different language version of these "Terms". In the event of any inconsistency between every language version of these "Terms", shall follow AVTECH's explanation.
  
  
• 15.3 If any provision of these "Terms" (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the "Terms" without affecting the legality, validity or enforceability of the remainder of the "Terms".
  
  
• 15.4 The failure by AVTECH to exercise, or delay in exercising, a legal right or remedy provided by these "Terms" or by law shall not constitute a waiver of AVTECH's right or remedy.
  
  
• 15.5 You may not assign these "Terms" or any rights or obligations contained in them. AVTECH may, without prior notice, assign these "Terms" or any rights or obligations contained in them to any third party.
  
  
• 15.6 You acknowledge and agree that if AVTECH is unable to provide relative service of EagleEyes Software as a result of a force majeure event, AVTECH will not be in breach of any of its obligations towards you under these Terms and do not have to bear any form of liability or damages. A force majeure event means any event beyond the control of AVTECH.
  
  
• 15.7.If you are under the age of 18, your legal guardian should review these Terms of Use and agree to this Agreement.
  
  
• 15.8 These Terms shall be governed by and interpreted in accordance with the laws of Taiwan and shall be subject to the jurisdiction of the courts of the district of Taipei.
  

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL EagleEyes Software , YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO AVTECH THE RIGHTS SET FORTH HEREIN.

Last updated: January 2013

If you have any questions regarding these Terms of Use, please contact AVTECH at a www.avtech.com.tw.