AICC SAMPLE WBT
LICENSE AGREEMENT

Instructions:

Please supply the information requested below. A reponse to each item is required (except where designated as optional). When finished, click the SUBMIT button below. Access information will be then provided.

If you have any questions about this agreeement, please contact: Scott Bergstrom, Administrator, AICC, via any of the following methods:

email: admin@aicc.org
phone: +1 208 496 1136
fax: +1 208 496 5136
Name of the Licensee ("Vendor")::
 
Name and description of use ("Vendor's Product):
 
Vendor’s Technical Contact Person (“Technical Contact”):
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This AICC SAMPLE WBT LICENSE AGREEMENT (the “Agreement”) is made and entered into as of the date first written above by and between the Aviation Industry Computer-based Training Committee (“AICC”) and Vendor..
 
RECITALS

A. AICC has developed a computer software program as a reference implementation of certain industry standards and protocols for computer-based aviation training software. The computer software program is known as the AICC Sample WBT (the "Sample Code").

B. The Vendor desires to use the Sample Code as a reference in order to develop AICC compliant learning content or to use the Sample Code to test with Learning Management Systems. Therefore, AICC has provided Vendor with a copy of the Sample Code for its own use.

C. The purpose of this Agreement is to establish Vendor’s rights and restrictions with respect to the Sample Code.
 
AGREEMENT

1. RIGHTS TO USE OF THE SAMPLE CODE.

Vendor shall have the nonexclusive, nontransferable right to use a copy of the Sample Code for the sole purpose of developing derivative products compliant with AICC/CMI standards.


AGREE
 

2. RESTRICTIONS ON VENDOR’S USE.

Vendor agrees that it will not use the Sample Code for any purpose other than the purpose set forth above without acquiring AICC’s prior written consent. Vendor further agrees that it will not:

(a) Sell, market, or distribute any copies of the Sample Code or any components thereof; or

(b) Use the Sample Code for any commercial purposes, assign, or transfer rights to the Test Suite or under this Agreement without AICC’s written consent.


AGREE
 

3. OWNERSHIP.

Vendor further agrees that it shall not acquire any rights of ownership and that all rights, title and interest in the Sample Code remain the property of AICC or its suppliers.


AGREE
 

4. DISCLAIMER OF WARRANTY/LIMITATIONS OF REMEDIES.

4.1 “As Is” Condition

THE SAMPLE CODE AND RELATED MATERIALS HAVE BEEN OR ARE PROVIDED TO LICENSEE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

4.2 No Warranty

VENDOR HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, LIABILITIES, RIGHTS AND REMEDIES -- EXPRESS OR IMPLIED -- AGAINST AICC, OR AGAINST ANY INDEPENDENT TEST LAB COMMISSIONED BY AICC, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE AICC/CMI TEST SUITE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

AICC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT USE OF THE SAMPLE CODE OR RELATED TECHNOLOGY OR MATERIALS WILL NOT INFRINGE ON ANY PATENT, COPYRIGHT OR ANY OTHER PROPRIETARY RIGHTS OF OTHERS.

4.3 Waiver of All Claims. Vendor hereby waives, releases, and renounces any obligation, liability, right, claim or remedy, whether or not arising in tort or occasioned in whole or in part by the negligence of AICC, whether active, passive or imputed. In no event, shall AICC nor its members be liable to licensee for any incidental, consequential, special or indirect damages arising out of the subject matter of this agreement.

4.4 Indemnification. Vendor hereby indemnifies and agrees to defend and hold harmless AICC from and against any and all liability, loss or claim arising from this Agreement or from Vendor’s license of, use of or reliance upon the Sample Code or any related documentation or materials.


AGREE
 

5. TERMINATION OF THE LICENSE.

This Agreement and the license granted hereby may be terminated by AICC upon thirty (30) days’ prior written notice to Vendor. Upon any cancellation or termination of this Agreement, Vendor shall immediately cease using the Sample Code and shall return to AICC all copies of the Sample Code.


AGREE
 
 

6. MISCELLANEOUS.

6.1 Applicable Law. This Agreement will be construed in accordance with the laws of the State of Idaho, U.S.A.

6.2 Entire Agreement. This Agreement constitutes the entire understanding of the parties with regard to the subject matter of this Agreement. No modification or amendment of this Agreement shall be valid or binding upon the parties hereto unless made in writing and signed on behalf of each of the parties hereto by their respective duly authorized representatives.

6.3 Attorneys Fees. If any party to this Agreement is required to engage legal counsel to enforce its rights under this Agreement, that party shall be entitled to all attorneys fees and other costs associated with such enforcement.


AGREE
 
 
IN WITNESS WHEREOF, this Agreement is executed effective as of the date first written above.
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If you have agreed to all terms and have provided all required information,
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