POWERFLARM FUSION
INSTALLATION MANUAL
Date: 2020-11-10
Version: 1.0
Page: 37 of 38
FLARM Technology Ltd
Hinterbergstrasse 15
CH-6330 Cham
Document Number:
FTD-077
Appendix E – End User License Agreement (EULA)
By purchasing or using a FLARM device or by downloading,
installing, copying, accessing, or using any FLARM Technology
Ltd, Cham, Switzerland (hereafter "FLARM Technology")
software, firmware, license key, or data, you agree to the
following terms and conditions. If you do not agree with the
terms and conditions do not purchase or use the FLARM device
and do not download, install, copy, access, or use the software,
firmware, license key, or data. If you are accepting these terms
and conditions on behalf of another person, company, or other
legal entity, you represent and warrant that you have full
authority to bind that person, company, or legal entity to these
terms and conditions.
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 internal
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 by 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 beyond the expiration date.
No other licenses are granted by implication,
estoppel or otherwise.
2.
Terms of use of FLARM
2.1.
Every FLARM installation must be approved by
licensed 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 equivalent.
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
transponders (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 behavior. 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.
The firmware must be replaced once per year (every
12 months). The 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 of radio frequencies,
aircraft installation, safety regulations, or
regulations for sports competitions.
3.
Intellectual Property
. No part of the software, firmware,
license keys, data (including obstacle databases), the
FLARM radio protocol and messages, and the FLARM
hardware and design may be copied, altered, reverse
engineered, decompiled or disassembled without an
explicit and written approval by FLARM Technology.
Software, firmware, license keys, data (including obstacle
databases), the FLARM radio protocol and messages, the
FLARM hardware and design, and the FLARM logos and
name are protected by copyright, trademark and patent
laws.
4.
Manipulation
. It is forbidden to intentionally feed
artificially generated signals to the FLARM device, its GPS
antenna or the external/internal GPS antenna connections,
unless agreed with FLARM Technology in writing for limited
R&D activities.
5.
FLARM Data and Privacy
5.1.
FLARM devices receive, collect, store, use, send, and
broadcast data to enable the system to work,
improve the system, and to enable troubleshooting.
This data may include, but is not limited to,
configuration items, aircraft identification, own
positions, and such data of other aircraft. FLARM
Technology may receive, collect, store, and use this
data for said or other purposes including Search and
Rescue (SAR).
5.2.
FLARM Technology may share data with its partners
for aforementioned or other purposes. FLARM
Technology may in addition publicly make available
data from a FLARM device (Flight Tracking). If a
FLARM device has been configured to limit tracking,
SAR and other services may not be available.
5.3.
Data sent or broadcast by FLARM devices may only
be used at own risk and under the same conditions
as the FLARM device itself, and is encrypted partially
to ensure message integrity, system safety and
provide protection for the relevant content against
eavesdropping, namely by article 3 of the Budapest
Convention on Cybercrime as signed and ratified by
most countries respectively its national
implementations. FLARM Technology is not
responsible for any third party device, software, or
service receiving, collecting, storing, using, sending,
broadcasting, or making publicly available data
regardless of whether legally or illegally.
