Rev #5
Version 1.01
July
2020
Page 7 of
34
If you are purchasing or using a FLARM device, the terms "firmware", "license key", and
"data" refer to such items installed or available in the FLARM device at time of purchase or
use, as applicable.
1.
License and Limitation of use
1.1. License.
Subject to the terms and conditions of this Agreement, FLARM Technology
hereby grants to you a non-
exclusive, non
-transferable right to download, install,
copy, access, and use the software, firmware, license key, or data in binary
executable form solely for your own personal or inter
nal business operations. You
acknowledge that the software, firmware, algorithms, license key, or data and all
related information are proprietary to FLARM Technology and its suppliers.
1.2. Limitation of use.
Firmware, license keys, and data may only be used as embedded
in and for execution on devices manufactured b
y or under license from FLARM
Technology. License keys and data may only be used in the specific devices, by serial
number, for which they were sold or intended. Software, firmware, license keys, and
data with an expiration date may not be used after the expiration date. Right to
download, install, copy, access, or use software, firmware, license key, or data with
an
expiration
date
does not imply right to upgrade or extension of the license beyo
nd
the expiration date. No other licenses are granted by impli
cation, estoppel or
otherwise.
2.
Terms of use of FLARM
2.1.
Every FLARM installation must be approved by license
d Part-66 certifying staff or the
national equivalent. A FLARM installation requires an EASA Minor Change Approval or
the national equivalent.
2.2.
FLARM must be installed according to the Installation Instructions and the EASA
Minor Change Approval, or the national
equiv
alent.
2.3.
FLARM cannot warn in all situations. In particular warnings may be incorrect, late,
missing, not being issued at all, show other threats than the most dangerous or
distract the pilot's attention. FLARM does not issue resolution advisories. FLARM can
only warn of aircraft that are equipped with FLARM, SSR tr
ansponders (in specific
FLARM devices), or of up-to-date obstacles stored in its database. The use of FLARM
does not allow a change of flight tactics or pilot behaviour. It is the sole responsibility
of the pilot in command to decide upon the use of FLARM.
2.4.
FLARM may not be used for navigation, separation, or under IMC.
2.5.
FLARM does not work if GPS is inoperative, degraded, or unavailable for any reason.
2.6.
The most recent Operating Manual must be read, understood and followed at all
times.
2.7.
Th
e firmware must be replaced once per year (every 12 months). T
he firmware must
also be replaced earlier if a Service Bulletin or other information is published with
such instruction. Failure to replace the firmware may render the device inoperable or
incompatible with other devices, with or without warning or notice thereof.
2.8.
Service Bulletins are published as a Newsletter by FLARM Technology. You are
required to sign up for
the Newsletter on www.flarm.com to ensure that you are
informed of published Service Bulletins. If you are entering into this agreement in a
form where your email address is available (e.g. online shop) you may be
automatically signed up for the Newsletter.
2.9.
After power-up, FLARM performs a self-test which must be monitored by the pilots. If
a malfunction or defect is observed or suspected, FLARM must be disconnected from
the aircraft by maintenance before the next flight and the device inspected and
repaired, as applicable.
2.10.
The pilot in command is solely responsible to operate FLARM according to applicable
national regulations. Regulations might include, but are not limited to, airborne usage
