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Version: 0.21.1

Disclaimer

Last Updated: 2024

IMPORTANT NOTICE​

Please read this Disclaimer carefully before using this documentation website ("Documentation Site") or any SkyDynamics software products, services, or related materials (collectively, the "Software" or "Services"). By accessing or using this Documentation Site, you acknowledge that you have read, understood, and agree to be bound by this Disclaimer.

1. GENERAL DISCLAIMER​

This Documentation Site and all content contained herein, including but not limited to text, graphics, code examples, configuration files, user guides, technical specifications, implementation guides, roadmaps, integration documentation, and any other materials (collectively, the "Documentation"), are provided by SkyDynamics ("SkyDynamics," "we," "us," or "our") on an "AS IS" and "AS AVAILABLE" basis for informational and reference purposes only.

2. DOCUMENTATION ACCURACY AND CURRENCY​

CRITICAL WARNING: The Documentation provided on this site may contain errors, inaccuracies, or outdated information. The Documentation may not reflect the current version of the Software, may not have been updated to match the latest Software releases, and may not be correct, accurate, complete, or current.

2.1 Version Discrepancies​

  • Documentation may describe features, functionalities, configurations, or implementations that differ from the actual Software version you are using or have licensed.
  • Documentation may reference Software versions that are no longer supported, maintained, or available.
  • Documentation may not include information about recent Software updates, patches, bug fixes, or feature changes.
  • Documentation may contain references to deprecated features, removed functionalities, or superseded implementation methods.

2.2 No Warranty of Accuracy​

SKYDYNAMICS EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, THAT:

  • The Documentation is accurate, complete, current, or error-free;
  • The Documentation reflects the latest Software version or any specific Software version;
  • The Documentation is suitable for your particular use case, environment, or requirements;
  • Following the Documentation will produce the intended results or outcomes;
  • The Documentation is compatible with your specific hardware, software, systems, or configurations.

2.3 Reliance on Documentation​

YOU ACKNOWLEDGE AND AGREE THAT:

  • You use the Documentation at your own risk and discretion;
  • You are solely responsible for verifying the accuracy, currency, and applicability of any Documentation before relying on it;
  • You should consult the most recent Software release notes, changelogs, and official product documentation for current information;
  • You should contact SkyDynamics support or your designated SkyDynamics representative for authoritative guidance regarding the Software;
  • The Documentation should be used as a reference guide only and should not be the sole basis for operational, training, safety, or regulatory decisions.

3. NO PROFESSIONAL ADVICE​

The Documentation does not constitute, and should not be relied upon as:

  • Professional aviation training advice, guidance, or recommendations;
  • Legal, regulatory, or compliance advice regarding aviation regulations, safety standards, or operational requirements;
  • Technical implementation advice tailored to your specific environment, infrastructure, or use case;
  • Professional consulting services, software development services, or integration services.

You should seek appropriate professional advice from qualified experts, including but not limited to aviation safety experts, regulatory compliance professionals, software architects, system integrators, or SkyDynamics professional services, before making any decisions or taking any actions based on the Documentation.

4. AVIATION SAFETY AND REGULATORY COMPLIANCE​

4.1 Safety-Critical Disclaimers​

EXTREME CAUTION: Software and Documentation related to aviation training, flight operations, safety management, and regulatory compliance involve matters of extreme importance where errors or misuse could result in serious personal injury, death, property damage, or regulatory violations.

  • The Documentation is NOT intended to be used as the sole basis for safety-critical decisions, flight operations, training curriculum development, or regulatory compliance programs.
  • SkyDynamics does not warrant that use of the Software or Documentation will ensure compliance with any aviation regulations, safety standards, or operational requirements.
  • You are solely responsible for ensuring that your use of the Software complies with all applicable aviation regulations, including but not limited to Federal Aviation Administration (FAA) regulations, European Aviation Safety Agency (EASA) regulations, International Civil Aviation Organization (ICAO) standards, and any other applicable national or international aviation regulations.

4.2 Training and Operational Use​

  • The Documentation may not reflect current aviation training standards, best practices, or regulatory requirements;
  • Documentation examples, scenarios, or configurations may not be suitable for your specific training programs or operational needs;
  • You must independently verify that any training methodologies, scenarios, or operational procedures described in the Documentation comply with applicable regulations and your organization's policies;
  • SkyDynamics assumes no responsibility for the adequacy, accuracy, or compliance of any training programs, operational procedures, or safety management systems developed using or referencing the Documentation.

5. NO WARRANTY​

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DOCUMENTATION AND ALL INFORMATION, MATERIALS, AND CONTENT ON THIS DOCUMENTATION SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

SKYDYNAMICS SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY;
  • WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE;
  • WARRANTIES OF NON-INFRINGEMENT;
  • WARRANTIES OF ACCURACY, COMPLETENESS, OR CURRENCY;
  • WARRANTIES THAT THE DOCUMENTATION WILL MEET YOUR REQUIREMENTS;
  • WARRANTIES THAT THE DOCUMENTATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • WARRANTIES REGARDING THE RESULTS OR OUTCOMES OBTAINED FROM USING THE DOCUMENTATION.

6. LIMITATION OF LIABILITY​

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKYDYNAMICS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES;
  • LOSS OF USE OF SOFTWARE, SYSTEMS, OR EQUIPMENT;
  • COSTS OF SUBSTITUTE SOFTWARE, SERVICES, OR EQUIPMENT;
  • BUSINESS INTERRUPTION OR DOWNTIME;
  • PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE;
  • REGULATORY VIOLATIONS, FINES, OR PENALTIES;
  • LOSS OR DAMAGE ARISING FROM AVIATION INCIDENTS OR ACCIDENTS;
  • ANY OTHER COMMERCIAL OR ECONOMIC LOSSES;

ARISING OUT OF OR RELATED TO YOUR USE OF, RELIANCE ON, OR INABILITY TO USE THE DOCUMENTATION, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF SKYDYNAMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.1 Maximum Liability Cap​

Notwithstanding anything to the contrary in this Disclaimer, and to the maximum extent permitted by applicable law, SkyDynamics' total cumulative liability for all claims arising out of or related to the Documentation, regardless of the form of action, shall not exceed the amount you have paid to SkyDynamics for the Software license or service in the twelve (12) months preceding the claim, or one hundred U.S. dollars (USD $100), whichever is greater.

6.2 Essential Purpose​

The limitations and exclusions of liability set forth in this Disclaimer are fundamental elements of the basis of the agreement between SkyDynamics and you, and these limitations and exclusions shall apply even if any remedy fails of its essential purpose.

7. SOFTWARE LICENSE TERMS​

This Disclaimer applies to the Documentation only and does not modify, supersede, or affect the terms and conditions of any separate Software license agreement, service agreement, or other contractual agreement between you and SkyDynamics. Your use of the Software is governed by the applicable license agreement or terms of service, which may contain different warranty disclaimers and liability limitations.

If there is a conflict between this Disclaimer and your Software license agreement or terms of service, the terms of the Software license agreement or terms of service shall control with respect to the Software, and this Disclaimer shall control with respect to the Documentation.

8. THIRD-PARTY CONTENT AND LINKS​

The Documentation may contain links to third-party websites, services, or resources, and may reference third-party software, products, or services. SkyDynamics does not endorse, control, or assume any responsibility for:

  • The content, accuracy, availability, or practices of third-party websites or services;
  • Third-party software, products, or services;
  • Any loss or damage that may arise from your use of third-party websites, services, products, or software.

Your interactions with third parties are solely between you and the third party, and SkyDynamics shall not be liable for any loss or damage arising from such interactions.

9. INTELLECTUAL PROPERTY​

All Documentation, including but not limited to text, graphics, logos, code examples, and software code snippets, is the property of SkyDynamics or its licensors and is protected by copyright, trademark, and other intellectual property laws. Unauthorized copying, distribution, modification, or use of the Documentation may violate copyright, trademark, or other laws and may result in civil and criminal penalties.

10. EXPORT CONTROL AND REGULATORY COMPLIANCE​

The Documentation may be subject to export control laws and regulations. You agree to comply with all applicable export control laws and regulations, including but not limited to:

  • U.S. Export Administration Regulations (EAR);
  • International Traffic in Arms Regulations (ITAR);
  • Sanctions administered by the U.S. Office of Foreign Assets Control (OFAC);
  • Any other applicable national or international export control or sanctions regulations.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions or any other applicable sanctions.

11. MODIFICATIONS TO DOCUMENTATION​

SkyDynamics reserves the right, at its sole discretion, to modify, update, add to, or remove any content from the Documentation at any time without prior notice. SkyDynamics does not warrant or represent that it will update the Documentation to reflect Software changes, and you acknowledge that the Documentation may become outdated immediately upon Software release.

12. NO AGENCY OR PARTNERSHIP​

Nothing in this Documentation or Disclaimer creates any agency, partnership, joint venture, or employment relationship between you and SkyDynamics. You may not represent yourself as an agent, representative, or employee of SkyDynamics.

13. SEVERABILITY​

If any provision of this Disclaimer is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Disclaimer, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

14. ENTIRE AGREEMENT​

This Disclaimer, together with the Terms of Use and any applicable Software license agreements, constitutes the entire agreement between you and SkyDynamics regarding your use of the Documentation, and supersedes all prior or contemporaneous communications, proposals, and agreements, whether oral or written, relating to the Documentation.

15. GOVERNING LAW AND JURISDICTION​

This Disclaimer shall be governed by and construed in accordance with the laws of [Jurisdiction to be specified by SkyDynamics], without regard to its conflict of law provisions. Any disputes arising out of or relating to this Disclaimer or the Documentation shall be subject to the exclusive jurisdiction of the courts located in [Jurisdiction to be specified by SkyDynamics].

16. ACKNOWLEDGMENT​

BY ACCESSING OR USING THIS DOCUMENTATION SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS DISCLAIMER IN ITS ENTIRETY, UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS DISCLAIMER, YOU MUST IMMEDIATELY CEASE ALL USE OF THIS DOCUMENTATION SITE AND ALL DOCUMENTATION.

17. CONTACT INFORMATION​

If you have questions about this Disclaimer, please contact SkyDynamics at:

SkyDynamics
Website: https://skydynamics.aero
[Additional contact information to be provided by SkyDynamics]

IMPORTANT REMINDER: This Documentation is provided for reference purposes only. Always verify information with the latest Software version, official product documentation, or SkyDynamics support before making any operational, safety-critical, or compliance-related decisions.

Last Updated: 2024