General Terms and Conditions ROTAIR FlightLog
Terms of use for the software products
These General Terms and Conditions govern the use of ROTAIR's software products, in particular the FlightLog software.
ROTAIR Software, Esslingerstrasse 63, 8618 Oetwil am See, hereinafter referred to as «ROTAIR Software», makes the FlightLog software available to the licence holder for use. Use is subject to the following conditions:
1 Scope of the General Terms and Conditions of ROTAIR FlightLog
1.1 The Terms of Use shall also apply to future transactions between the parties concerning the provision and making available of software
1.2 ROTAIR Software shall not recognise any terms and conditions of the Licensee that differ in whole or in part. This shall also apply in the event that ROTAIR Software provides services in the knowledge of the licencee's general terms and conditions to the contrary.
1.3 ROTAIR Software makes the Software available to the Licensee exclusively on the basis of these Terms of Use.
2. rights of use and exercise of rights of use
2.1 The software is subject to Swiss copyright law. It is or is deemed to be an electronically accessible database work within the meaning of copyright law. ROTAIR Software is the owner of all copyright utilisation and exploitation rights to the software.
2.2 The Licensee shall be granted a non-exclusive, non-sublicensable right to use the Software for the agreed number of users and time for the duration of the contractual term.
2.7 Upon termination of the licence agreement or expiry of the licence, the right and possibility for the licensee to access the software and data via the Internet shall expire. If the licence relationship is terminated, ROTAIR Software shall offer options for further data provision for a fee:
- Export to Excel document variant: Creation of an Excel document containing the most relevant flight log data.
- Electronic data transfer variant: On request, ROTAIR Software supports the licence holder in transferring database data.
This is done, for example, via established interfaces, insofar as this is technically possible.
3. passing on
3.1 It is not possible to transfer the account or the licence.
4. conclusion of contract, termination of contract
4.1 ROTAIR Software may accept an order from the Licensee within a period of 14 days after the order has been placed by telephone or sent by the Licensee.
4.2 The contract shall be concluded at the latest after activation of the new licence purchased from ROTAIR.
4.3 Unless otherwise agreed, the contract shall have a term corresponding to the licence purchased or the duration of the licence extension.
4.4 Both parties reserve the right to extraordinary termination without notice for good cause. Good cause shall be deemed to exist for ROTAIR Software in particular if the Licensee breaches one of the restrictions on use or otherwise uses the Software unlawfully.
4.5 Any cancellation must be in writing to be effective, which shall also be deemed to have been complied with if sent by e-mail.
4.6 The Licensor provides licences as test versions or for advertising purposes without obligation and without commitment. These services can be cancelled at any time without notice.
5. remuneration
5.1 The agreed remuneration is charged in advance for the selected period of use. Unless otherwise agreed, it is to be paid directly via the ROTAIR flight management website (https://flightmanagement.ch).
5.2 The Licensee may only offset or assert a right of retention against undisputed or legally established counterclaims.
6. liability
6.1 The evaluations, overviews and data records offered in the software serve exclusively for the control and work organisation of the Licensee. The use of the Software does not release the Licensee from its statutory obligations to provide instruction and documentation thereof
6.2 ROTAIR Software assumes no liability for the topicality, correctness, completeness or quality of the information and data sets provided and in particular accepts no liability for material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information. This limitation of liability does not apply in the event of a breach of material contractual obligations. It also does not apply in the event of gross negligence or intent on the part of ROTAIR Software, its legal representatives or vicarious agents.
6.3 The liability of ROTAIR Software for warranted characteristics and for personal injury or on the basis of other mandatory statutory provisions shall remain unaffected.
6.4 ROTAIR Software expressly reserves the right to modify, supplement or delete the Software in whole or in part without prior notice or to discontinue publication temporarily or permanently.
6.5 ROTAIR Software shall not be liable for the content of direct or indirect links to external websites (hyperlinks) for which ROTAIR Software is not responsible.
6.6 In the case of third-party systems and software involved, such as: Mail dispatch services, systems for the provision of interface data, licencee's own hardware etc. ROTAIR Software shall not be liable for the correct or expected functionality.
7 Obligations of the licence holder
7.1 The Licensee warrants that the data provided to ROTAIR Software is correct and complete.
7.1 Furthermore, the Licensee undertakes to keep passwords and other access data that ROTAIR Software has provided to it for the purpose of accessing the Software strictly confidential and to inform ROTAIR Software immediately if it becomes aware that third parties have knowledge of the password and other access data.
8. data protection
8.1 The Licensee is aware that data protection for data transmissions in open networks such as the Internet cannot be fully guaranteed according to the current state of the art. The Licensee is aware that the data stored by the Licensee may be viewed by third parties or the provider and is therefore responsible for the backup and security of the data it transmits and places on the Internet.
8.2 The Licensee is aware that database copies or backup files are periodically (if necessary) made on ROTAIR Software servers for test and development environments. ROTAIR Software backs up these database copies in accordance with the current state of the art. The solutions and databases can only be accessed with a login and password.
9. general
9.1 The contractual relationship between the parties shall be governed exclusively by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2 The exclusive place of jurisdiction for all claims arising from contracts with ROTAIR Software shall be the registered office of ROTAIR Software.
Data protection declaration
Data protection obligations of employees
ROTAIR Software ensures that employees comply with the provisions of data protection legislation.
It obliges employees to comply with these legal requirements.
Confidentiality of data and information
Non-personal data as well as business and trade secrets are also subject to confidentiality. ROTAIR Software shall not pass this information on to third parties. It shall use it exclusively in accordance with the specifications of the licence holder. This includes all non-public information. This applies regardless of its form and regardless of whether it is expressly designated as confidential. This includes all information that becomes known to ROTAIR Software or its personnel in connection with the contractual services. The confidentiality obligation shall also apply after the end of the contract.
Consequences of breaches of duty
ROTAIR Software draws the attention of all employees to these obligations. Failure to comply may result in both criminal and civil prosecution.
The Licence holder declared that all of ROTAIR Software documents and tools only for the agreed purpose. They may not be passed on to third parties.
Further information on using the software can be found in the FlightLog online documentation.
The legal basis for this includes the Federal Act on Copyright and Related Rights.