1. Description of Service
Subject to any pre-existing written agreement to the contrary between ATSI and User, ATSI is providing User with a license to view online information and/or access various portions of the Service FOR INFORMATIONAL, NON-COMMERCIAL USE ONLY. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees related to such connection.
2. Disclaimer of Warranties.
The Service is provided by ATSI on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, ATSI makes no representations or warranties of any kind, expressed or implied, regarding the use or the results of the Service in terms of its correctness, accuracy, reliability, or otherwise. It is User’s responsibility to examine any results or output provided by the Service and determine its appropriate use, if any. User assumes all liability for such use. ATSI shall have no liability for any interruptions in the use of the Service. ATSI disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable.
3. Limitation of Liability
ATSI SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ATSI SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ATSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
User agrees to indemnify and hold ATSI, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User or any other entity using User’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Subject to any pre-existing written agreement ATSI may have with User, ATSI reserves the right to modify or discontinue the Service with or without notice to the User. ATSI shall not be liable to User or any third party should ATSI exercise its right to modify or discontinue the Service. User acknowledges and accepts that ATSI does not guarantee continuous, uninterrupted or secure access to the Service and the Service may be interfered with or adversely affected by numerous factors or circumstances outside of ATSI’s control.
6. Third-Party Sites
7. Governing Jurisdiction of the Courts of the State of Oklahoma.
The Service is operated and provided in the State of Oklahoma, and Oklahoma law will govern this Agreement, without giving effect to any choice of law rules. ATSI makes no representation that the Service is appropriate, legal or available for use in other locations. Accordingly, if User chooses to access the Service, User agrees to do so subject to the internal laws of the State of Oklahoma.
8. Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information
All content included or available through the Service, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 ATSI, with all rights reserved, or is the property of third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, other than as permitted in a pre-existing agreement between User and ATSI, without prior written permission of an authorized officer of ATSI is strictly prohibited. Users agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy any part of the Service or the content contained therein without prior written permission of an authorized officer of ATSI.
AeroScene3D, ASATng, ASAT4VESA, ASAT4ODTO, ASAT4WV-Pro, ASAT4SCIA, ASAT4LAHSO, ASAT4ILSRNP, DrawSpace, EOSE, LPV-Pro, RDAT-Pro, RDVA-Pro, RNAV-Pro, SAAAR-Pro, the SAAAR-Pro logo, SMART, SMART RC, VSpace-Pro, WIDAT, the WIDAT logo, and the ATSI logo are trademarks of ATSI, and proprietary to ATSI. ATSI’s trademarks may not be used in connection with any product or service that is not provided by ATSI, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ATSI. ATSI’s trademarks may not be used without permission.
DTED® used in some products is courtesy U.S. Geological Survey. DTED is a registered trademark of the National Geospatial-Intelligence Agency.
Some products were developed using DAFIF™, a product of the National Geospatial-Intelligence Agency. DAFIF is a trademark of the National Geospatial-Intelligence Agency.
Blue Marble imagery produced by NASA and the Earth Observatory (http://earthobservatory.nasa.gov).
Some website imagery © 2006 Jupiterimages Corporation.
Products have not been endorsed or otherwise approved by the National Geospatial-Intelligence Agency, United States Department of Defense, or the United States Federal Aviation Administration. Portions of some products sponsored by the United States Federal Aviation Administration, DTFA-02-01-D-12906. Sectional charts should not be used for actual flight navigation.
All other trademarks displayed on the Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those owners. In addition, such use of trademarks or links to the web sites of others is not intended to imply, directly or indirectly, that those owners endorse or have any affiliation with ATSI.
10. Notification of Claimed Copyright Infringement
ATSI respects others’ intellectual property rights. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ATSI designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
3317 Deer Valley
Edmond, Oklahoma 73034 USA
For any claim of copyright infringement, please provide the following information in writing:
- A statement by the person authorized to act on behalf of the owner of the copyright interest (the “Claimant”) that the Claimant has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by the Claimant, made under penalty of perjury, that the above information in the notice is accurate and that the Claimant is the copyright owner or authorized to act on the copyright owner’s behalf;
- A description of the copyrighted work that the Claimant believes has been infringed upon;
- A description of where the claimed infringing material is located on the Service;
- The address, telephone number, and e-mail address of the copyright owner;
- The signature of the Claimant.
11. Abuse of Service and Termination
Subject to any pre-existing written agreement between User and ATSI, the Service is for informational purposes only, AND MAY NOT BE USED FOR ANY FOR-PROFIT OR COMMERCIAL PURPOSE. WITHOUT A VALID COMMERCIAL-USE LICENSE AGREEMENT, ACCESSING OR USING THE SERVICE FOR FOR-PROFIT OR COMMERCIAL PURPOSE IS STRICTLY PROHIBITED. USER WILL BE LIABLE FOR APPLICABLE LICENSE AND RECOVERY FEES AND LOST PROFITS FOR UNAUTHORIZED FOR-PROFIT OR COMMERCIAL USE.
ATSI retains the right, at its sole discretion, to terminate any User involved with botnets, spoofing, or related activities. If any hostnames are used as command and control points for botnets, ATSI reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Notwithstanding any of these terms and conditions, ATSI reserves the right, without notice and in its sole discretion, to terminate the User’s license to use the Service, and to block or prevent future access and use, for violation of this Agreement.
12. Export Restrictions
Any software and all underlying information downloaded from the Service may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. The User is responsible for complying with all foreign and domestic trade regulations. Except as authorized by law, the User agrees and warrants not to export or re-export anything from the Service to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. The User further represents and warrants that no U.S. federal agency has suspended, revoked, or denied the User’s export privileges.
13. Other Terms
If any provision of this Agreement shall be held unlawful, void or unenforceable by a Court of competent jurisdiction for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. User agrees that this Agreement and any other agreements referenced herein may be assigned by ATSI, in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to any other written agreement between ATSI and User.