Skyware® Inventory consists of (1) the public website (www.skywareinventory.com), and (2) the secure, user authenticated web application (hereinafter collectively referred to as Skyware or the Service).
You are responsible for obtaining access to the Internet and to provide your own mobile phone and mobile services to use Skyware which may involve third party fees (such as Internet service providers, mobile phone carriers, etc). You are responsible for those fees. In addition, You must provide and are responsible for all equipment necessary to access and use Skyware.
You will need to register for an account to access our Service. And you or your business may register for only one account. If you register for an account, you are required to provide personal information through a registration process. You will also need to use a credit card to subscribe to any additional services within Skyware. By registering, you represent that you:
Open Sky may terminate your account if you provide false information.
By creating an account on the Service, you consent to receive electronic communication from the Service, (e.g., via email or by notices within our Service). These communication may include notices about your account (e.g., payment authorizations, password changes and other transactional information). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
You have sole responsibility for maintaining all records relating to your Content, and you are solely responsible for determining whether our Service is suitable for use in light of any laws and regulations that govern your country, entity, industry, or your relationship associated with your Content - including but not limited to consumer protection, privacy, advertising, intellectual property or other laws. You may not store Content for which you do not have a lawful basis for processing, permissions or consents in accordance with applicable data protection laws.
Skyware is provided "AS-IS" - and Open Sky assumes no responsibility for the timeliness of, deletion of, misdelivery of, storage of, retrieval of, or accessibility of your Content.
You may elect to purchase additional services through Skyware. Updated pricing information is available on our Pricing page. Any additional services you purchase are available on a monthly or an annual subscription basis. You agree to pay Open Sky all fees for subscriptions purchased on or through Skyware under your account under the then-current rates for such subscriptions (including any applicable taxes). In the event of any changes in fees, Open Sky will send you notice of such changes at least 30 days in advance (via a notification through Skyware or via email or both).
Your subscription continues until you cancel it. Your credit card will be charged automatically on or about the same date each month. All fees are charged in United States Dollars. If you need to update your subscription, please do so through the billing section within Skyware.
You or Open Sky may terminate the Agreement and cancel any subscriptions at any time and for any reason through the Service. No refunds are provided on unused portions of subscriptions. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
Open Sky does not claim ownership of your Content within your account. And you may export and download your Content from Skyware at any time by using the export features.
Open Sky will decide who owns an account based on the registration information, billing information and/or the content in that account that we can verify with you. If multiple people or entities claim ownership of the account, we will rely on the registration information listed for that account. We may suspend any account associated with a dispute to protect the security and privacy of the data held within the account.
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using Skyware. When you access or use Skyware, you agree that you will not:
You represent and warrant that your access to and use of Skyware will comply with all applicable laws, rules and regulations, including but not limited to those that relate to privacy and data protection and to the sending of electronic communications. You may not use Skyware for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
Skyware, including but not limited to Skyware's associated text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the Intellectual Property) are owned by or licensed to Open Sky and are protected under both United States and foreign laws.
Any use of our Intellectual Property other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may give rise to a claim for damages and/or be a criminal offense.
We may display content, advertisements and promotions from, as well as links to, third parties through Skyware (Third Party Content). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF SKYWARE. OPEN SKY WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY'RE BASED ON NEGLIGENCE OR WE'VE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
IN ADDITION, WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY THIRD PARTY CONTENT MADE AVAILABLE ON OR LINKED TO BY SKYWARE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Open Sky, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the Open Sky Parties) from and against any loss, liability, claim, demand, damages, expenses or costs (Claims) arising out of or related to:
Skyware may be subject to U.S. export control and economic sanctions laws (Export Controls). You agree to abide by all Export Controls as they relate to your access and use of Skyware. You may not access or use Skyware if you are located in a jurisdiction where the provisioning of Skyware is prohibited by law (a Prohibited Jurisdiction), and you may not provide access to Skyware to any government, entity or individual located in any Prohibited Jurisdiction. You represent and warrant that:
By providing or submitting any statements, questions, comments, bug reports, feedback or proposed modifications concerning Skyware to Open Sky, you hereby agree to grant Open Sky a perpetual, royalty-free, non-exclusive, irrevocable, worldwide right to use, reproduce, display, modify, and create derivative works from such submissions in whole or in part. And you warrant that such submissions do not violate any third party rights.
Open Sky Software, Inc.
Attn. Skyware Inventory
15400 Knoll Trail Crossing, Ste 370
Dallas, TX 75248 USA