END USER LICENSE AGREEMENT
THE SIGNING OF THE ATP ORDER FORM OR OTHER ORDERING DOCUMENT (THE "ORDER FORM"), OR THE RECEIPT OR USE OF ANY PART OF THIS PACKAGE OR ONLINE SERVICE BY OR FOR CUSTOMER, WHICHEVER OCCURS FIRST (THE "EFFECTIVE DATE"), SHALL BIND EACH PARTY TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT; ANY OBJECTIONS TO THIS AGREEMENT MUST BE MADE IN WRITING WITHIN 10 DAYS OF RECEIPT OF THIS PACKAGE OR ONLINE SERVICE ORDER.
ATP, a California Corporation ("Licensor" or "ATP") and the Company ("You" or "Customer" or "Company" or "Operator" or "Licensee" or "Subscriber") hereby agree as follows:
Customer hereby appoints ATP as its procuring agent, at ATP's sole expense, for the purpose of obtaining technical information and other documentation from all third party information suppliers, including, without limitation, aircraft manufacturers, engine manufacturers, instrument manufacturers, other equipment manufacturers, the Federal Aviation Administration, other federal or state agencies, other international regulatory bodies, and any other third party.
2. GRANT OF LICENSE
ATP grants to Customer a non-transferable and non-exclusive right (the "License") to install, access and use the services and deliverables provided hereunder including (if applicable) all computer programs, as well as software, databases, documentation, information, updates, upgrades, downloads, maintenance schedules and related subscription materials ordered by the Customer and provided by ATP (collectively the "Licensed Services and Materials"). The License is granted on the condition that Customer limits installation, access and use to per the terms of the Licensed Services and Materials, including but not limited to, per concurrent user, per named user, or per managed asset (such as an airframe or engine).
Concurrent User Access for Licensed Services and Materials
The License is granted on the condition that Customer limits installation, access and use to no more than the number of authorized concurrent users as confirmed in writing by Licensor (the "Licensed Concurrent Users") and solely for the internal use of Customer (the "Licensed Use") for the period covered by the Customer's subscription.
Customer may install the Licensed Services and Materials on a server, computer, or other compatible device up to the total number of Licensed Concurrent Users for the Licensed Services and Materials. In a network installation, the Customer may install Licensed Services and Materials on any number of computers or compatible devices. Customer's access or use whether through standalone, client, hosted or other compatible devices cannot exceed the Licensed Concurrent Users for any License.
Per Named User for Hosted Licensed Services and Materials
It is further understood and agreed that for purposes of the foregoing and to assist in license management as it determines in its sole and exclusive discretion, ATP may provide individual named user license(s) for access to the hosted Licensed Services and Materials (e.g., ATP Aviation Hub® Apps) by specific authorized by named users (the "Named User License"). The Named User License is solely for the use of the Customer's particular named user (the "Licensed User") for the period covered by the Customer's License.
Per Managed Asset for Maintenance and Compliance Tracking
It is further understood and agreed for the purposes of the foregoing and to assist in license management as it determines in its sole and exclusive discretion, ATP may provide individual named asset license(s) for access to the Licensed Services and Materials (e.g., ATP Aviation Hub® Compliance Management Application) by the specific asset name (e.g., "Registration Number of an Aircraft or Name of the Managed Equipment"). The Named Asset License and/or Licensed Maintenance Schedule is solely for the use of the Customer's particular named asset (the "Licensed Asset") for the period covered by the Customer's License.
Notice of Change
Customer agrees to inform ATP of any changes to the Customer's number of Licensed Users and particular names for the Named User License(s) as well as, if and as applicable, the number of Licensed Concurrent Users for each such License obtained by Customer or number of named assets.
ATP CONTACT INFORMATION
101 South Hill Drive
Brisbane, CA 94005
U.S. & Canada: 800-227-4610
Worldwide: (+1) 415-330-9500
You acknowledge and agree that Apple is not a party to this Agreement and that Apple has no responsibility for any of Licensor's obligations. The license granted to the end-user for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any iPad that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service. Licensor is solely responsible for the Application and for all maintenance and support related thereto and for the investigation, defense, settlement and discharge of any claim relating to any breach of its representation regarding infringement provided above. You acknowledge that any claims relating to the possession or use of the Licensed Application will be addressed to ATP, not Apple, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple will have no other obligations whatsoever with respect to the Application including any claims, losses, liabilities, damages, costs or expenses attributable to the use thereof. You and Licensor also acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple 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. You acknowledge and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
IN NO EVENT SHALL CUSTOMER REPRODUCE, PUBLISH, DISTRIBUTE OR DISCLOSE ANY PART OF THE LICENSED SERVICES AND MATERIALS WITHOUT THE PRIOR WRITTEN CONSENT OF ATP; IN NO EVENT MAY CUSTOMER EXPAND BEYOND THE LICENSED USE WITHOUT FIRST OBTAINING THE WRITTEN CONSENT OF ATP. THE FOREGOING LICENSE APPLIES TO ALL LICENSED SERVICES AND MATERIALS PROVIDED BY ATP; ALL THIRD-PARTY SOFTWARE (IF ANY) PROVIDED WITH THE DELIVERABLES ARE ALSO LICENSED SERVICES AND MATERIALS AND SHALL ONLY BE USED WITH THE OTHER LICENSED SERVICES AND MATERIALS AS PERMITTED HEREUNDER AND SHALL NOT BE USED INDEPENDENTLY. NO LICENSE WHATSOEVER IS GRANTED TO ANY PERSON FOR ANY PURPOSE OTHER THAN FOR A LICENSED USE BY A BONA FIDE END-USER CUSTOMER OF ATP AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND FOR THE AVOIDANCE OF DOUBT, NO LICENSE IS GRANTED TO ANY COMPETITOR, POTENTIAL COMPETITOR, CONSULTANT TO ANY COMPETITOR OR POTENTIAL COMPETITOR, OR TO ANY OTHER THIRD-PARTY WHO IS NOT A BONA FIDE END-USER CUSTOMER OF ATP. ANY UNAUTHORIZED INSTALLATION, USE, ACCESS OR ATTEMPTED INSTALLATION, USE, OR ACCESS TO THE LICENSED SERVICES AND MATERIALS IS AN INFRINGEMENT AND VIOLATION OF ATP'S INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS UNDER APPLICABLE FEDERAL AND STATE LAWS, AND ATP WILL ENFORCE SUCH INFRINGEMENTS AND VIOLATIONS TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. CUSTOMER GRANTS ATP THE RIGHT TO AUDIT ALL CUSTOMER SITES TO ASSURE PROPER INSTALLATION, ACCESS AND USE OF THE LICENSED SERVICES AND MATERIALS IN ACCORDANCE WITH THE FOREGOING GRANT OF LICENSE AND LIMITATIONS ON THE GRANT OF LICENSE. CUSTOMER MAY NOT EXPORT OR RE-EXPORT ANY OF THE LICENSED SERVICES AND MATERIALS WITHOUT THE PRIOR WRITTEN CONSENT OF ATP AND IN ALL EVENTS, IN SEEKING SUCH WRITTEN CONSENT, CUSTOMER MUST CONFIRM ITS COMPLIANCE WITH ALL APPLICABLE EXPORT CONTROL LAWS AND ALL NECESSARY GOVERNMENTAL PERMITS, AUTHORIZATIONS, AND OTHER GOVERNMENTAL LIMITATIONS.
Customer shall not circumvent these access-control measures on ATP Licensed Services and Materials. Such circumvention violates 17 U.S.C. § 1201, the anti-circumvention provision of the Digital Millennium Copyright Act, which imposes civil and criminal liability for circumvention of technological access-control and copyright protection measures, and additionally constitutes a material breach of this Agreement.
3. INTELLECTUAL PROPERTY OWNERSHIP
Customer acknowledges and agrees that ATP is the owner of all of its original work including all copyrights, patents, trademarks and other intellectual property rights of ATP in the products supplied to Customer hereunder, including but not limited to the structure, sequence, visual presentation, and organization of those products. The Licensed Services and Materials are protected by United States copyright laws, other intellectual property laws and international provisions. Customer acquires only the right to use the Licensed Services and Materials, and does not acquire any rights of ownership in the Licensed Services and Materials or the media which they are provided. Copyright is not claimed by ATP as to any part of an original work prepared by a United States Government Officer or employee as part of that person's official duties or by any other third party officer or employee as part of that person's official duties. "ATP" is a registered trademark of ATP. All original authorship of ATP is protected under U.S. and foreign copyrights and is subject to written license agreements between ATP and its Customers.
4. PRICING AND SERVICE; CHANGES; ATP PUBLISHED POLICIES
ATP reserves the right to change prices and terms of service without notice. All prepaid Licenses are non-refundable AND ARE SUBJECT TO ATP'S OTHER PUBLISHED POLICIES AS SET FORTH ON ATP'S INTERNET WEB SITE AT www.atp.com/policy INCLUDING BUT NOT LIMITED TO POLICIES ON ADDITIONAL CHARGES THAT WILL APPLY, FOR EXAMPLE, TO EXPEDITE SHIPPING, LATE PAYMENT CHARGES AND OTHER MATTERS AS PUBLISHED FROM TIME TO TIME ON ATP'S INTERNET WEB SITE AT WWW.ATP.COM. Customer agrees to supply their mailing address and email address to receive communications from ATP; however, Customer understands that any notices to ATP regarding any alleged breach of this Agreement shall be in writing and shall be hand delivered or delivered by certified mail to ATP at its offices at: ATP, 101 South Hill Drive, Brisbane, CA 94005-1251.
5. LIMITED MEDIA WARRANTY; DISCLAIMER OF ALL OTHER WARRANTIES
For ATP products delivered on physical media, the media on which the Licensed Services and Materials are contained (for example, microfiche and/or discs) are warranted to perform substantially in accordance with its then current documentation, for a period of 10 days from the date of delivery of the Licensed Services and Materials (the "Warranty Period"). Any support or maintenance following the Warranty Period shall be by separate written agreement between the parties.
EXCEPT AS PROVIDED BY THE FOREGOING, ATP MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE CONTENT, PERFORMANCE, USE OR ACCURACY OF THE LICENSED SERVICES AND MATERIALS, OR ANY UPDATE, UPGRADE, RENEWAL, OR ANY OTHER PRODUCT OR SERVICE SUPPLIED HEREUNDER, AND ATP EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES IMPLIED BY LAW OR OTHERWISE ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR IN ANY OTHER MANNER. NO EMPLOYEE OF ATP IS AUTHORIZED TO MODIFY OR OTHERWISE CHANGE THIS AGREEMENT IN ANY RESPECT.
6. LIMITATIONS OF LIABILITY; EXCLUSIVE REMEDIES
ATP DISCLAIMS ALL EXPRESS AND ALL IMPLIED WARRANTIES AND ALL OTHER REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDLESS OF WHETHER ARISING BY STATUTE OR OTHER LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE OR OTHERWISE. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY LICENSED SERVICES AND MATERIALS OR OF ANY SERVICES, AND THERE IS NO WARRANTY THAT ERRORS OR OMISSIONS IN THE SOFTWARE OR IN ANY OF THE OTHER LICENSED SERVICES AND MATERIALS WILL BE CORRECTED, OR THAT THE USE OR PERFORMANCE THEREOF WILL MEET CUSTOMER'S PURPOSE OR EXPECTATIONS. THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH IS, AT LICENSOR'S OPTION, EITHER: (A) REPAIR, (B) REPLACEMENT, (C) REFUND OF THE ANNUAL LICENSE, SERVICE, OR SUBSCRIPTION FEE, OR OTHER ANNUAL FEES PAID HEREUNDER.
7. UPDATES, UPGRADES AND RENEWAL NOTICES
From time to time, ATP may provide updates or upgrades to the Licensed Services and Materials or renewal for any support or maintenance provided by Licensor as well as other products, programs or series available from Licensor. It is understood and agreed that Licensor does not assure continued support or maintenance for any version of the Licensed Services and Materials that has been superseded by an update or upgrade to the Licensed Services and Materials. IT IS UNDERSTOOD AND AGREED THAT USE OF SUPERSEDED LICENSED SERVICES AND MATERIALS IS NOT RECOMMENDED, IS AT YOUR OWN RISK, AND IS NOT SUBJECT TO ANY SUPPORT, SERVICE OR OTHER OBLIGATION OF ATP.
8. WAIVER OF CLAIMS
ATP SHALL HAVE NO LIABILITY FOR ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF ANY PRODUCT OR SERVICE SUPPLIED UNDER THIS AGREEMENT, OR BY REASON OF ANY INADEQUACY, DEFICIENCY OR DEFECT IN ANY OF THE LICENSED SERVICES AND MATERIALS, WHETHER ARISING DUE TO ATP'S ACTIVE OR PASSIVE NEGLIGENCE, IN STRICT LIABILITY, OR OTHERWISE, OR IN ANY OTHER WAY. CUSTOMER HEREBY INDEMNIFIES ATP AND AGREES TO PROTECT AND HOLD ATP HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ATP MAY SUFFER BY REASON OF ANY CLAIM MADE ARISING OUT OF USE OF ANY PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT, WHETHER ARISING OR CLAIMED TO ARISE FROM ATP'S PASSIVE OR ACTIVE NEGLIGENCE, IN STRICT LIABILITY OR OTHERWISE. THE FOREGOING ALSO EXTENDS TO ATP'S SUPPLIERS OF ANY PORTION OF THE SOFTWARE OR OTHER LICENSED SERVICES AND MATERIALS OR ANY OTHER PRODUCT OR SERVICES PROVIDED HEREUNDER.
9. BINDING ALTERNATIVE DISPUTE RESOLUTION
All disputes and disagreements shall be resolved first by negotiation between the parties including escalation to senior management for both parties. Failing such negotiations, at the request of either party, senior management shall appear before a neutral mediator appointed by the American Arbitration Association in San Francisco, California. If mediation fails, the matter shall be submitted to final, binding, expedited, and confidential arbitration before a neutral retired judge (the "Arbitrator") appointed by JAMS in San Francisco, California. The arbitration hearing shall be limited to two hearing days (one for each party's presentation of evidence) unless the Arbitrator orders, for good cause, an extension of the hearing. The decision of the arbitrator shall be final and binding on all parties and it may be enforced in any court of competent jurisdiction. In the written decision made following the arbitration hearing, the Arbitrator shall not modify or otherwise change any term or condition of this Agreement. The costs of the mediation and of the arbitration shall be shared equally between the parties; each party shall bear their own legal fees and other expenses.
10. RESTRICTED RIGHTS ONLY
The Licensed Services and Materials including program code, documentation, and any other material that is provided by ATP with the Licensed Services and Materials or otherwise provided under an agreement between ATP and with or for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is provided with Restricted Rights only. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is ATP, 101 South Hill Drive, Brisbane, CA 94005-1251. Phone: 415-330-9500. Fax: 415-468-1596. Internet: www.atp.com.
The Licensed Services and Materials may contain industry approved anti-piracy features. These may include, but are not limited to, serial numbers, tamperproof packaging, password and security authentication, processes, copy controls, user and instance counters and timers. Tampering, disabling or overriding any of said features is not permitted and shall result in immediate termination of the license rights granted herein without further action by ATP, and ATP may also take action under the anti-circumvention provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 1201 et seq.
11. COMPLETE AGREEMENT
Except for ATP's policies published from time to time on ATP's Internet Web Site (www.atp.com) and which are binding on Customer, the foregoing is a complete and exclusive statement of all the terms of the agreement between ATP and the Customer and contains the complete Agreement of the parties. This Agreement shall not be varied, supplemented, qualified or interpreted by any prior course of dealing between the parties or by any course of dealing or usage of trade.
12. NO AMENDMENTS
None of the pre-printed terms and conditions in any Customer purchase order shall amend this Agreement, nor shall any of them be binding on ATP. Both parties agree that any Amendment requested by Customer must be approved in a writing signed by an officer of ATP.
ATP PUBLISHED POLICIES
It is very important that you carefully read and understand ATP's End User License Agreement before opening your ATP package. Only new and unopened packages may be returned to ATP. Before you can return a package to ATP, you must contact an ATP Customer Service Representative to receive an ATP Return Authorization Number. This number must be clearly marked on the outside of the returned package. ATP reserves the right to assess a 25% restocking charge for any merchandise returned to ATP. If you do not accept the Terms and Conditions, please follow these steps:
1. Do not open the package! 2. Contact ATP to receive an ATP Return Authorization Number. 3. Write the ATP Return Authorization Number clearly on the unopened package. 4. Return the unopened package to ATP, shipping prepaid.
Your order will then be cancelled and any payments, less a restocking charge of 25%, will be refunded to you. There will be no refund given for packages that have been opened, or that do not have an ATP Return Authorization Number written clearly on the package. (Please be aware that only new orders are returnable within 10 days of receipt; revision packets are not returnable at any time.)
OTHER TERMS AND CONDITIONS
The information contained in the paper, microfiche, disc, online service, or any other format in the ATP system and all subsequent revisions thereof, are believed to be correct. ATP makes no text changes to the material. Source documents are converted to microfiche by digital photographic methods. Source documents for disc and online services are converted to PDF and/or XML. ATP does not warrant the accuracy of the source material and assumes no responsibility to any person or persons in connection with the use of the Licensed Services and Materials. The Licensed Services and Materials and the revisions thereto are all subject to the foregoing POLICIES, TERMS, CONDITIONS, AND PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN OR VERBAL NOTIFICATION.
ATP MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE USE OR ACCURACY OF THE LICENSED SERVICES AND MATERIAL, EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE.
ATP SHALL HAVE NO LIABILITY TO SUBSCRIBER FOR ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF THE LICENSED SERVICES AND MATERIALS SUPPLIED UNDER THIS AGREEMENT, OR BY REASON OF ANY INADEQUACY, DEFICIENCY OR DEFECT THEREIN, ARISING DUE TO ATP'S ACTIVE OR PASSIVE NEGLIGENCE, IN STRICT LIABILITY OR OTHERWISE, OR IN ANY OTHER WAY RELATED TO OR ARISING OUT OF THIS AGREEMENT.
SUBSCRIBER INDEMNIFIES ATP AND AGREES TO PROTECT AND HOLD ATP HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ATP MAY SUFFER BY REASON OF ANY CLAIM MADE ARISING OUT OF SUBSCRIBER'S USE OF THE SERVICES OR PRODUCTS SUPPLIED UNDER THIS AGREEMENT, WHETHER ARISING OR CLAIMED TO ARISE FROM ANY ATP PASSIVE OR ACTIVE NEGLIGENCE OR OTHERWISE.
ATP grants to Subscriber a non-transferable and non-exclusive right to use the Licensed Services and Materials ordered by Subscriber. IN NO EVENT SHALL SUBSCRIBER REPRODUCE, PUBLISH, OR DISTRIBUTE IN ANY FORM BY ANY MEANS ANY PART OF THE MATERIALS ORDERED BY SUBSCRIBER WITHOUT THE PRIOR WRITTEN CONSENT OF ATP.
In general, before expiration of your subscription, you will receive an invoice for renewal of your Licensed Services and Materials. To renew your subscription and assure continued service, please return your remittance prior to the expiration date indicated on the renewal invoice. Payment must be made in U.S. funds drawn on a U.S. bank or through an authorized clearing house. See Wire Transfer section below for transfer information. If you have more than one ATP library, we recommend a single annual renewal. We can establish a common expiration date for your libraries.
ATP has a reinstatement policy for those Subscribers whose Licensed Services and Materials have lapsed and who subsequently wish to renew. The cost to renew will be prorated and varies depending on the lapse date.
Please note that Licensed Services and Materials that lapse after 90 days will be considered as a new sale and will be priced accordingly.
CHARGES AND FEES
A minimum order of $25.00 is required. Local and/or state sales tax is not included in the rates and must be added when applicable. There will be a $25 fee for any returned checks. ATP reserves the right to assess late charges of 1.0% per month (12% per annum) or the highest monthly amount permitted by law, whichever is less, on all accounts not paid according to invoice terms. The Customer will be responsible for any and all fees, including collection and attorney's fees incurred in conjunction with the collection of a delinquent account or unpaid account. ATP reserves the right to change prices without notice. ATP's fees do not include any taxes, levies, duties or similar governmental assessment of any nature, including, for example value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"). Customer is responsible for paying all Taxes associated with its purchases hereunder. If ATP has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, Customer will indemnify and hold ATP harmless from and against any such Taxes, including without limitation paying such Taxes as invoiced to Customer. Customer may provide ATP with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, ATP is solely responsible for taxes assessable against it based on its income, property and employees.
ATP will offer a three month no-interest payment plan. For payment plans in excess of three months, a 1.0% fee will be assessed. The minimum fee for establishing a payment plan is $100.
If payment is not received on time, ATP has the right to suspend Customer Licensed Services and Materials, including access to subscription-based online services (e.g. such as the ATP Aviation Hub®).
The License is effective until terminated by You or ATP at the end of the subscription period. In addition, your rights under this license will terminate automatically without notice from ATP if You fail to comply with any term(s) of this License. Upon termination of the license, you shall cease all use of the Licensed Services and Materials, and destroy all copies, full or partial, of the Licensed Services and Materials.
For Customer data entered into an online service by the Customer (e.g. aircraft profile and compliance information), ATP will continue to provide read only access to the Customer's online information for a period of up to 12 months after the termination of the license. After 12 months, ATP reserves the right to delete all customer data without any prior notification or warning. ATP will not maintain any backup or other archive of the customer data after it is deleted from the system.
ATP subscription services are non-refundable. Except for third party produced libraries (e.g., Cessna ), customers will be issued a credit for the unused portion of their subscription service provided the credit is over $50.00. The credit is valid up to 12 months from cancellation date. It may be applied against a new purchase, to extend the renewal subscription of an existing ATP product or to upgrade a subscription or service.
Any failure to make timely payment or in the event of a material default, ATP will have the right to suspend or terminate access to the Licensed Services and Materials and/or revision service delivery.
Your initial subscription for an ATP Licensed Services and Materials includes the revision services. Revisions are mailed or provided in accordance with each product's revision calendar. Online services are updated automatically. Paper, microfiche, or disc updates to the Licensed Services and Materials will be mailed to Subscribers based on the revision contract. Typically, revisions are mailed biweekly or monthly during the term of the subscription agreement. A minimum order of $25.00 is required.
We accept wire transfers: Please include $25.00 processing fee in addition to your order total.
Bank Transfer Information:
Bank Name: California Bank and Trust
Bank Address: S.F. Corporate Banking Office #117, 465 California Street, San Francisco, CA 94104
Beneficiary Name: ATP
BIC No. / Swift No.: ZFNBUS55
ABA/Routing No.: 121002042
Account No.: 1170059921
Please include your company name, customer number, invoice reference and country of origin upon each transaction.
We at ATP value you as a Customer and we respect your privacy. We recognize that we must maintain and use customer information responsibly.
You agree that ATP may collect and use technical data and related information, including but not limited to technical information about Your device, 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 Licensed Services and Materials. ATP may use this information, as long as it is in a form that does not personally identify You, to improve its products, services or technologies.
All new ATP microfiche or paper libraries are estimated to be shipped within seven to ten days of acceptance of the order unless otherwise notified. All new disc libraries are estimated to be shipped within three to five days of acceptance of the order unless otherwise notified. Unless otherwise notified, a shipping address must be a physical street address. All packages are FOB, Brisbane, CA 94005, USA, to stated destination.
All prices are subject to change without notice. Unless otherwise specified, orders will be shipped and invoiced at the price in effect at the time of shipment.
The following priority delivery charges apply: On next-day rush orders the minimum charge is $40 or 7% of the order, whichever is greater. On same-day rush orders the minimum charge is $50 or 10% of the order, whichever is greater. Export orders require additional shipping charges.
All exports are subject to the jurisdiction of the U.S. Dept. of State, U.S. Dept. of Commerce, and other U.S. governmental organizations. Our commodities and software are exported from the U.S. in accordance with applicable U.S. laws and regulations, including the Export Administration Regulations.
Customer is responsible for obtaining at its own risk and expenses any import license or other official authorization for the importation of the goods at the agreed point of destination. Commercial invoices for international packages will list the full retail value of your order's contents by product type and composition.
Customer or its agent is responsible for direct and timely customs clearance at the agreed place of destination, and the Customer shall bear all duties, taxes, or other official charges payable upon importation of the goods as well as the costs and risks of carrying out customs formalities