EX5000 Release 8.2.2 Installation Manual
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WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, LOSS OF USE, LOSS OF REVENUE OR
PROFIT, PROPERTY DAMAGE, PERSONAL INJURY, WRONGFUL DEATH, OR OTHER DAMAGE (WHETHER OR NOT AVIDYNE (OR
ITS AFFILIATES) WERE NOTIFIED OF THE POSSIBILITY THAT ANY DAMAGE MIGHT BE INCURRED), ARISING OUT OF OR RELAT-
ED TO PRODUCTS NOT MANUFACTURED BY AVIDYNE, THE PURCHASE OR SALE OF SUCH PRODUCTS, THEIR PERFORMANCE
OR RELIABILITY, EITHER ALONE OR WHEN USED WITH ANY PRODUCT MANUFACTURED BY AVIDYNE, OR THE SUITABILITY OF
ANY SUCH PRODUCT FOR USE WITH ANY PRODUCT MANUFACTURED BY AVIDYNE. THIS EXCLUSIVE LIMITED WARRANTY
ALSO APPLIES IN LIEU OF AND EXPRESSLY SUPERCEDES AND EXCLUDES ALL OTHER RIGHTS ANY PURCHASER HAS OR MAY
HAVE RELATED TO THE PRODUCT AND/OR ARISING OUT OF OR RELATED TO ITS PURCHASE, SALE, PERFORMANCE, RELIABIL-
ITY OR USE, EITHER ALONE OR WITH ANY OTHER PRODUCT OR PRODUCTS, WHETHER IN CONTRACT, IN TORT (INCLUDING
RIGHTS SOUNDING IN NEGLIGENCE, STRICT LIABILITY AND MISREPRESENTATION), UNDER STATUTE, AT LAW, IN EQUITY, OR
OTHERWISE, AND PURCHASER EXPRESSLY AND KNOWINGLY WAIVES ALL SUCH RIGHTS TO THE FULLEST EXTENT PERMITTED
BY LAW. PURCHASER ALSO EXPRESSLY AND KNOWINGLY AGREES THAT THE PRODUCT IS NOT A CONSUMER GOOD. THE
FOREGOING PARAGRAPHS DEFINE AND LIMIT AVIDYNE'S SOLE RESPONSIBILITY AND LIABILITY AND PURCHASER'S SOLE AND
EXCLUSIVE REMEDIES RELATED TO THE PRODUCT.
Some jurisdictions may not allow the exclusion or limitation of warranties or
liabilities, in which case the above limitations or exclusions, or some of them, may not apply in those jurisdictions.
Software License
Avidyne Corporation (“Avidyne”) is willing to license this software, pilot's guide, and related materials (the
“Software”) only on the condition that you agree to all the terms of this agreement. Please read these
terms carefully.
Trademarks
Avidyne and the Avidyne logo are trademarks of Avidyne Corporation. Other brands or products are the
trademarks or registered trademarks of their respective holders and should be treated as such.
License and Certain Restrictions
You may use the Software on the EX500 on which it was delivered. You may not copy the Software for
any purpose. You may not transfer the Software or any rights under this Agreement to another party with-
out this Agreement. The other party must agree to accept the terms of this Agreement. The Software con-
tains trade secrets. You may not decompile, reverse engineer, disassemble, or otherwise reduce the
Software to human-readable form. You may not modify, adapt, translate, rent, sublicense, assign, lease,
loan, resell for proof, distribute, or network the Software, disk or related materials or create derivative
works based upon the software or any part thereof. Title, ownership rights, and intellectual property rights
in and to the Software belongs to Avidyne and its licensors. The Software is protected by the copyright
laws of the United States and by international copyright treaties. Title, ownership rights and intellectual
property rights in and to the content accessed through the Software is the property of Avidyne, and where
applicable, to the licensor content owners and may be protected by applicable copyright or other law. This
Agreement gives you no rights to such content.
Note, the Software includes an internal capability to record certain of the operations and data generated
by or provided to the EX5000, hereinafter referred to as "data files". These data files are an integral part
of the Software as they assist Avidyne in testing and assessing the performance of the Software and the
EX500. You agree in partial consideration for this license that such data files are the property of Avidyne
and that you will neither tamper with nor destroy such data files. Further you agree to make such data
files (or the EX5000) available to Avidyne at reasonable times and upon reasonable notice. Avidyne will
endeavor to keep the information contained in the data files confidential, except to the extent required by
reasonable exercise of its obligations to the FAA or other governmental agency or as a part of a court
order. Avidyne makes no commitment to review or share the information contained within the data files
with you, and you agree that you have no expectation that this information will be reviewed or shared.
