YENO CHECKLIST DOWNLOADABLE SOFTWARE LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND YENO ("Yeno"). GOOGLE IS NOT A PARTY TO THIS
AGREEMENT. YENO, NOT GOOGLE, IS SOLELY RESPONSIBLE FOR THE SOFTWARE AND THE CONTENT HEREOF. PLEASE READ THIS
SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE YENO SOFTWARE ("SOFTWARE"). BY USING THE
SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, DO NOT CLICK THE "I AGREE" BUTTON. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT, DO NOT INSTALL OR USE ANY PART OF THE SOFTWARE.
1. General. The software, data subscriptions, and documentation accompanying or referenced in this License Agreement, including
references to the website of Yeno, or on any other media or in any other form (collectively the "Software")
are licensed, not sold, to you by Yeno for use only under the terms of this License, and Yeno reserves
all rights not expressly granted to you. The rights granted herein are limited to Yeno's and its licensors'
intellectual property rights in the Software and do not include any other patents or intellectual property rights.
You own the media on which the Software is recorded but Yeno and/or Yeno's licensor(s) retain ownership
of the Software itself. Licensee is granted a non-exclusive, non-assignable, non-transferable right to use the
software. The terms of this License will govern any software upgrades provided by Yeno that replace and/or
supplement the original Software product, unless such upgrade is accompanied by a separate license in which case the
terms of that license will govern. Title and intellectual property rights in and to any content displayed by or
accessed through the Software belongs to the respective content owner. Such content may be protected by copyright or
content. This License does not grant you any rights to use such content.
2. Permitted License Uses and Restrictions.
a. This License allows you to install and use one copy of the Software on one Android device that you
own or control and as permitted by the Usage Rules set forth in the Android Market Terms of Service. Any such copy is
subject to the terms of this License Agreement.
b. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy,
decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof.
You may not make the Software available for access or use by any other person or entity, including but not limited
to acting as a service bureau.
3. Transfer. You may not rent, lease, lend or sublicense the Software. All components of the Software are provided
as part of a bundle and may not be separated from the bundle and distributed as standalone applications. If a
Software update completely replaces (full install) a previously licensed version of the Software, you may not use
both versions of the Software at the same time nor may you transfer them separately.
4. Consent to Use of Data. You agree that Yeno and its subsidiaries may collect and use technical and related
information, including but not limited to technical information about your computer, your physical location, system
and application software, and peripherals, that is gathered periodically to facilitate the provision of software
updates, product support and other services to you (if any) related to the Software. Yeno may use this
information, as long as it is in a form that does not personally identify you, to improve our products or to provide
services or technologies to you.
5. Termination. This License is effective until terminated. Your rights under this License will terminate
automatically without notice from Yeno if you fail to comply with any term(s) of this License. Upon the
termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the
Software. Upon such termination, all provisions of this License Agreement except for the License Grant in Section 1
will survive termination and continue in effect.
6. No Warranty on Media; Other Limitations. Yeno DOES NOT warrant the media on which the Software may be
recorded to be free from defects in materials and workmanship nor does it warrant compatibility with the Software.
Your exclusive remedy under this Section shall be, at Yeno's option, a refund of the purchase price of the
software license. Yeno, and not Google, is solely responsible for any obligation arising under this
provision or by law. Google has no obligation whatsoever to furnish any maintenance or support services with respect
to the Software. In the event of any failure of the Software to conform to any applicable warranty, you may notify
Google, and Google will refund the purchase price for the Software to you. Google shall have no other warranty
obligation whatsoever with respect to the Software. Google shall have no responsibility for the investigation,
defense, settlement or discharge of any claim that the Software or your possession or use of the Software infringes
the intellectual property rights of any third party.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YENO DOES NOT AND CANNOT WARRANT THE SERVICE
FOR ACCURACY, RELIABILITY, COMPLETENESS, SAFETY OR FITNESS FOR LICENSEE'S PARTICULAR PURPOSES. THEREFORE, LICENSEE
UNDERSTANDS AND AGREES THAT THE SERVICE AND SOFTWARE LICENSED HEREUNDER IS INTENDED SOLELY FOR INFORMATIONAL AND
ENTERTAINMENT PURPOSES; THAT IT INCORPORATES INFORMATION PROVIDED BY THIRD PARTIES OVER WHICH YENO HAS NO
CONTROL; AND THAT IN NO CASE IS IT INTENDED THAT ANY INFORMATION SUPPLIED BY YENO, WHETHER OR NOT OF ITS OWN
CREATION, BE SUBSTITUTED FOR LICENSEE'S OWN BEST JUDGMENT, OR CONFIRMATION OF INFORMATION THROUGH OFFICIAL SOURCES,
IN ANY GIVEN SITUATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS RESTRICTING WARRANTIES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN THE EVENT ANY JURISDICTION DOES NOT ALLOW THE LIMITATION OF WARRANTY AS SET FORTH ABOVE,
THIS PROVISION SHALL BE CONSTRUED IN THE MANNER WHICH CLOSEST REPRESENTS ITS ORIGINAL INTENT. YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY BY JURISDICTION.
THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND
THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND
YENO AND YENO'S LICENSORS (COLLECTIVELY REFERRED TO AS "YENO" FOR THE PURPOSES OF SECTIONS 7 AND
8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY,
OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
YENO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED
IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE,
OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOREFLIGHT OR A
YENO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL YENO BE LIABLE FOR PERSONAL
INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF YENO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Yeno's total liability to you for all
damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of
ten dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential
9. Government End Users. The Software and related documentation are "Commercial Items", as that term is defined at
48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software
Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government
end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant
to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
10. Complete Agreement; Governing Language. This License and material referenced herein but contained on
the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersede
all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this
License will be binding unless in writing and signed by Yeno. Any translation of this License is done for
local requirements and in the event of a dispute between the English and any non-English versions, the English
version of this License shall govern.
11. Third Party Acknowledgements. Portions of the Software utilize or include third party software and other
copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the
online electronic documentation for the Software, and your use of such material is governed by their respective
12. Indemnification. Licensee shall indemnify and hold harmless Yeno and its respective suppliers of data from
and against all claims and liabilities (including claims by third parties) and costs and expenses (including
attorneys fees) incident thereto or incident to successfully establishing the right to indemnification, for injury
to or death of any person or persons, including employees of Licensee, if any, including any aircraft, arising out
of or in any way relating to Licensee's breach of the terms of this Agreement and/or Licensee's utilization of the
Software or Service or any other things provided hereunder, whether or not arising in tort or occasioned by the
negligence of Yeno, except to the extent of any obligation, liability, claim or remedy in tort due to the
recklessness of willful misconduct of Yeno. Licensee's obligations under this indemnity will survive the
expiration, termination, completion or cancellation of this Agreement.
13. Third Party Beneficiary. Google and Google's subsidiaries are third party beneficiaries of this Agreement,
and upon your acceptance of the terms and conditions of this Agreement Google will have the right (and will be deemed
to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.
14. Due Authority. By accepting this Agreement, Licensee acknowledges and confirms that Licensee is at least 18
years of age and competent to enter into a contract, and agrees to be bound by the terms and conditions of this
15. Product Claims or Questions. Any claims by you or by any third party relating to the Software or to your
possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim
that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation shall be directed to Yeno, and not to Google. Questions, complaints,
or claims related to the Software should be directed to:
THIS LICENSE AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND YENO. BY CLICKING "I
ACCEPT" YOU AGREE TO BE BOUND BY ITS TERMS. YOU SHOULD PRINT AND RETAIN A COPY OF THIS LICENSE AGREEMENT FOR YOUR
RECORDS. A COPY OF THIS AGREEMENT IS AVAILABLE AT YENO'S WEBSITE:
(Last revised 26/08/2010)
Copyright Yeno 2010