TRACDsolutions™ and BASELINEsolution™

LICENSE AGREEMENT TERMS AND CONDITIONS: Version 3.0

1 Definitions

In this License Agreement:
“us”, “we”, “our” or “Siggins Aviation” means Siggins Aviation Consulting Pty Ltd (ACN 164 128 885) care of John Nicholls, Suite 6, 57 Labouchere Road, South Perth Western Australia 6151 or its successors or assigns.
“you” means your company, your staff and students enrolled in a training course through the licenced application.
Anytime Access Subscription means an annual subscription allowing access to specified purchased courses for the Subscription Period;
Business Day means a day that is not a Saturday, Sunday or public holiday in Perth, Western Australia;
CASA means the Civil Aviation Safety Authority of Australia.
Content means the Course, the BASELINEsolution™ training material, training sequences, supporting diagrams, information, procedures, graphics and other items provided or available through the Software.
Course means a training course provided through the System as selected by you from time to time;
Course Fee means the fee payable for Courses which you order from time to time as set out in the Pricing Schedule;
License means the license to use the System granted by this License Agreement;
License Agreement means the provisions of this license agreement, including all annexures, credit application, application forms, including all rules, agreement, notices or disclaimers displayed elsewhere (either directly or by hyperlink) in the Licensed Application, provided by us to you which refers to this License Agreement.
Licensed Application means our TRACDsolutions™ software application, source code, web application and cloud storage facilities and all of its content.
Intellectual Property includes but is not limited to all Content, trade marks, patents, copyright, designs, marks, processes, know-how, specifications, statements, formulae, trade secrets, manner of new manufacture, drawings and data or other like property or rights owned or held by the relevant Party. These rights include but are not limited to:
   (i)  marks, logos, images, service marks, trade names, business names, internet domain names, slogans, symbols, brand names, copyright or other trade indicia; and
   (ii) all rights in information, know-how, processes, procedures, compositions, devices, methods, formulae, protocols, techniques, software, designs, drawings, programs, source code, dynamic link libraries, graphical user interfaces, trade secrets or data whether or not protectable by patent application, design registration, copyright, circuit layouts or otherwise, whether unregistered, registered or registrable.
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity anywhere in the world in or in relation to copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions and confidential information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include:
   (a) all rights in all applications to register these rights including all rights to claim Paris Convention priority;
   (b) all renewals and extensions of these rights; and
   (c) all rights in the nature of these rights, such as Moral Rights.
Moral Rights means:
   (a) rights of integrity of authorship or performership;
   (b) rights of attribution of authorship or performership;
   (c) rights not to have authorship or performership falsely attributed, conferred by the Copyright Act 1968 (Cth); and
   (d) rights of a similar nature that exist, or may come to exist, anywhere in the world.
New Intellectual Property means any discovery, derivation, adaption, additional content or data for use in the Licensed Application, creation, invention, secret process, improvement of or advancement to the Intellectual Property or the Content, made, added or discovered by you during the currency of the License Agreement or any intellectual property howsoever brought into existence by you as contemplated by this License Agreement.
Owner means Competency Solutions Pty Ltd (ACN 607 929 199) as the trustee for TRACD Unit Trust (ABN 43 467 615 141);
Party or Parties means Siggins Aviation and you, the user.
Pricing Schedule means the schedule in the Licensed Application setting out the Course Fee, Subscription Fee and other costs as may be amended from time to time;
Student Registration Fee means the fee payable by you when you register a student for a course. The student registration fee is triggered again if you register a second student for this same course or if you register an existing student for another course.
Subscription Fee means the fee payable by you for an Anytime Access Subscription;
Subscription Period means the period of 365 days from the Commencement Date or such other period as the Parties may agree in writing for an Anytime Access Subscription;
System means our training system providing the Courses of which the Licensed Application and the Content are components.
Third Party(ies) means any person(s) or entity(ies) who is not your officer, employee or student where such student has specifically paid for a Course;
In this License Agreement, unless the context requires otherwise:
   (a) the singular includes the plural and vice versa;
   (b) a reference to a statute, ordinance, code, or other law, includes all regulations and other instruments under it and consolidations, amendments, re-enactments, or replacements, of any of them;
   (c) a reference to a section, clause, recital, schedule, appendix, or annexure, is to a section, clause, recital, schedule, appendix, or annexure, in this Agreement;
   (d) the word person includes a firm, a body corporate, an unincorporated association, an authority, or other entity;
   (e) a reference to a person includes a reference to the person’s executors, administrators, and successors;
   (f) headings are inserted for convenience and do not affect the interpretation of this Agreement;
   (g) an agreement, representation, or warranty, in favour of two or more persons is for the benefit of them jointly and severally;
   (h) an agreement, representation, or warranty, on the part of two or more persons binds them jointly and severally;
   (i) when the day or last day for doing an act is not a Business Day, the day or last day for doing the act will be the next following Business Day;
   (j) “including” and includes” are not terms of limitation; and
   (k) all sums of money are denominated in Australian dollars
Special Conditions means the special conditions which form part of this License Agreement as agreed in writing between the parties from time to time.

It is important to us that you understand this License Agreement. If you have any questions, please contact us at info@sigginsaviationconsulting.com.au

2 AGREEMENT

We License you to use the System and any New Intellectual Property for the purposes and periods set out in clause 3.1 on the terms and subject to the conditions contained in this License Agreement.
2.1 We warrant that we have the right to grant such license under license from the Owner.
2.2 By accessing or using the Licensed Application you confirm that you have read, and agree to be bound by, this License Agreement.
2.3 We may change this License Agreement at any time. If we do, an amended version of this License Agreement will be sent to your registered email address and will also be accessible through the hyperlink in the Licensed Application.
2.4 You are responsible for ensuring that you regularly review the License Agreement. Your continued use of the Licensed Application after any changes are made to the License Agreement will be deemed to constitute your acceptance of those changes.
2.5 If you object to any changes to License Agreement, or otherwise become dissatisfied with your account for the use of the Licensed Application you must notify us immediately of your specific objection or provide details of your dissatisfaction. If you fail to provide such notification to us within 7 days of any change, or continue to use the Licensed Application as set out in clause 2.4, you will be deemed to have accepted the change.

3 LICENSE AND RESTRICTIONS

3.1 Subject to this License Agreement, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, non-re-sellable license and right to use the Licensed Application, the Content and the New Intellectual Property for the purposes of accessing and amending any Courses you purchase:
   (a) for the Subscription Period where you purchase an Anytime Access Subscription; or
   (b) prior to approval of such Courses by CASA, as set out in clause 3.3, where you purchase Courses only;
3.2 You may only use the Content and the System for sole purpose of providing a Course to your entity’s students.
3.3 Where you elect to purchase Courses only without an Anytime Access Subscription:
   (a) you will have 45 days to personalise or customise each Course within the Licensed Application prior to submission of hard copies for approval of CASA. Course amendments may not be made after 45 days, or after the Course is approved by CASA;
   (b) upon approval by CASA we will provide you with a PDF version of the Course for use with your students. You may use this PDF version of the Course for multiple students;
   (c) should you wish to amend the Course after approval by CASA, you may:
       (i) request an Anytime Access Subscription – an additional administration fee may apply; or
       (ii) request the new version of the Course in which case we may make your initial amended version of the Course available to you together with the current version of the Course when you purchase it, and
   (d) we are under no obligation to store or provide your previous amended versions of a Course once it has been approved by CASA.
3.4 Where you purchase any anytime Access Subscription, you may access and amend the Courses selected for the Subscription Period subject to clauses 3.5 to 3.8.
3.5 You may use the “paper based” records provided without further cost. If you add a student or students to the database you will be charged a Student Registration Fee for each student enrolled for each course.
3.5 Provision of Courses by us will be subject to the availability of the Course requested from time to time.
3.6 Siggins Aviation, in its sole discretion, reserves the right to add additional Content, features or services, reduce the amount of Courses, Content or the number of features or services, or to provide programming fixes, updates and upgrades, to the System.
3.7 You acknowledge and agree that Siggins Aviation has no obligation to make available to you any subsequent versions of the Courses, Content or Licensed Application developed by Siggins Aviation or the owner. You also agree that you may have to enter into a renewed version of this License Agreement if you want to install or use a new version of the Licensed Application or enter into any new Anytime Access Subscription.
3.8 If you are dissatisfied with a change of Content, features or services you may notify us and we will endeavour to provide the previous version of such Content, feature or service until the end of the Subscription Period.
3.9 In addition, you and Siggins Aviation acknowledge that no Third Party has any obligation to provide any maintenance and support services with respect to the Licensed Application and that Siggins Aviation is solely responsible for the provision of maintenance and support to the extent such maintenance and support is required under any applicable law.

4 PAYMENT AND PRICING

4.1 In consideration Siggins Aviation granting you the License, you must pay us the Couse Fee and optionally, the Subscription Fee or Student Registration Fee, or both.
4.2 We will issue to you with invoices for the Course Fee or Subscription Fee in advance of the provision of any Course or access to the System. The Student Registration Fee will be invoiced monthly for new Student Registrations. You must pay all amounts due prior to us providing you with access to any Course or the System unless otherwise agreed in writing.
4.3 We may also require that payments are made by direct debit in which case you must provide all information and do all things required to effect such payment method.
4.4 If you fail to pay any amount due by the required date, we may charge you interest at the rate of 12% per annum calculated daily and compounded monthly on all amounts outstanding until payment is received in full. You must also pay to us all costs of recovery from you of any amounts due or any breach of this Agreement including legal costs on a full indemnity basis.
4.5 If you do not pay any amounts due as required, the provisions of clause 6 will apply in relation to suspension and termination in addition the rights in clause 4.3.
4.6 We may change the Course Fee in the Pricing Schedule at any time prior to receiving your payment for such Course.
4.7 We will not increase the Subscription Fee for the Subscription Period or the Student Registration Fee for the period that that student is registered for that course. We may increase the Subscription Fee following expiry of the Subscription Period or if you increase the Courses requested under an Anytime Access Subscription. We may increase the Student Registration Fee if the student is registered for another course, or if a new student is registered for a course.

5 USER INFORMATION AND DATA

5.1 When creating an account as a user of the Licensed Application, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your account settings.
5.2 All personal information you provide to us will be treated in accordance with our Privacy Policy.
5.3 You may enter your own content and data into the Licensed Application in order to customise the course you provide to your students. This data and content will become New Intellectual Property upon entry into the Licensed Application.
5.4 You warrant that any data or content you upload to the Licensed Application:
   (a) will not breach any Third Party Intellectual Property Rights; and
   (b) is free from any malicious software or code, computer viruses, worms, malware, spyware, defects or similar item that may harm the System, and you indemnify us from all damages, loss, costs, claims or liability, whether related to any Third Party or us, in any way related to your breach of this clause 5.4.

6 TERMINATION AND SUSPENSION

6.1 An event of default occurs if:
   (a) you fail to pay the Course Fee, Subscription Fee or any other amount due within 10 Business Days of the day that it is due whether or not we have notified you of such failure;
   (b) you fail to perform any of your obligations after we have given you notice of the default, within the period specified in such notice;
   (c) a receiver or receiver and manager or controller as defined in the Corporations Act is appointed in respect of any part of your property;
   (d) a person is appointed under legislation manage any part of a your affairs;
   (e) an application is made to a court for an order or an order is made that you be wound up;
   (f) an application is made to a court for an order appointing a liquidator or provisional liquidator to you;
   (g) except for the purposes of reconstruction or amalgamation you enter into a scheme of arrangement, deed of company arrangement or composition with, or assignment for the benefit of, all or any class of your creditors;
   (h) you resolve to wind yourself up or otherwise dissolve yourself;
   (i) you state that you are insolvent;
   (j) an attachment, distress, execution order, judgment, or other process, in any amount is issued against, levied, or enforced, or becomes enforceable against you for an amount exceeding ten thousand dollars ($10,000) and which is not set aside or satisfied within five (5) Business Days; or
   (k) you take any step to obtain protection or are granted protection from your creditors under any applicable legislation.
6.2 If an event of default or any other event, has or is likely to occur:
   (a) we may immediately suspend access to the System until the default has been remedied; and
   (b) we may terminate the License without notice to you or take whatever steps we deem necessary, at our sole discretion, to remedy the default and protect the System and the New Intellectual Property.
6.3 On termination the License is terminated all unpaid moneys you owe us shall immediately become due and payable, and you must:
   (a) cease to use any part or any copy of any part of the System and any New Intellectual Property and destroy all electronic copies of any part of the System;
   (b) return to us all physical material containing or setting out particulars of the System or any New Intellectual Property, excluding any completed student records, (as the case may be);
   (c) promptly at our request, provide to us a statutory declaration acknowledging that you have not retained any copies of anything comprised in the System or the New Intellectual Property excluding any completed student records; and
   (d) effect any necessary transfers to Siggins Aviation or its nominee of any of the New Intellectual Property.
6.4 We reserve the right to, without limitation, do any or all of the following in relation to your Licensed Application account:
   (a) suspend your account;
   (b) modify your account;
   (c) terminate your account for any reason by providing notice to you by email;
   (d) terminate your account immediately without notice to you if you have committed a breach of the License Agreement;
   (e) permanently or temporarily block your access to all or part of the Licensed Application.
6.5 Where suspension of your account or termination of the License was not related to any breach by you of the License Agreement, we will refund any Course Fee received from you for Courses which you have not started and a pro rata portion of any Subscription Fee we have received from you for the period remaining in the Subscription Period.

7 SYSTEM ACCESS

7.1 While we use reasonable endeavours to ensure that the System is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free.
7.2 Access to the System may be suspended or terminated without notice in the case of system failure, maintenance or repair or for any other reason and in no case will we be liable for any loss, damage, costs or claims in any way related to any suspension or termination of access to or unavailability of the System.
7.3 Scheduled outages for maintenance will be advised to you in a timely manner.

8 SECURE ACCESS

8.1 You are responsible for maintaining the confidentiality and security of your account name and password, the user name and password for your staff and the user name and password for your students. You are wholly responsible for all activities that occur under or with your account name and password. You agree to immediately notify Siggins Aviation of any unauthorised use of your account name or password or any unauthorised access to the System. You must ensure that you, your staff and your students logout from your account at the end of each session and must change your password a minimum of every 6 months.
8.2 You must not give access to your user account or to the System to any Third Party or allow any Third Party (other than a student currently enrolled in a training course with your company) to access any aspect of the System or the New Intellectual Property.
8.3 You must immediately upon our request provide such information and assistance as we may reasonably require in any investigation by us of unauthorised System access, any threat to the System or any breach of this License Agreement by anyone.

9 MONITORING USE

9.1 We have no obligation to monitor any user’s use of the System. However, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement. Subject to the Privacy Act 1988, any information or data that we gather is our sole property and we have no obligation to provide such information or data to you, your student or any Third Person.
9.2 You may choose to provide access to the system to CASA. We will provide access to the system to CASA or the Australian Transport Safety Bureau if required to by law.

10 NO ENDORSEMENT

10.1 Siggins Aviation makes no express or implied endorsement of any Third Party, including any service or product of that third party, that may be referred to in the System.

11 DISCLAIMER AND WARRANTIES

11.1 Whilst Siggins Aviation strives to provide relevant Content through the System, the Intellectual Property, Content, and New Intellectual Property (together “Materials” for the purpose of this clause 11) provided by or contained in the Licensed Application or on any other third party application or website referred to in the Licensed Application or otherwise, may not necessarily be accurate, reliable or correct. You are responsible to ensure that all training material that you use from the system meets your specific training requirements.
11.2 The Materials, including the New Intellectual Property, may incorporate information obtained from Third Parties the accuracy of which may not have been established by Siggins Aviation.
11.3 Siggins Aviation does not warrant that the Materials will comply with any specific CASA requirements in relation to training or otherwise at any time or from time to time.
11.4 You irrevocably and unconditionally authorise us to request and receive from CASA at any time and from time to time any information in any way related to any Course or any similar course or materials related to training that you may have submitted for CASA Approval.
11.5 Except so far as liability under any law is incapable of being excluded, Siggins Aviation:
   (a) disclaims any liability to any person arising out of any action or failure to act, in accessing, downloading, uploading, storing, using or relying on or dealing in any way with Content or New Intellectual Property from or related to the Licensed Application; and
   (b) gives no warranty as to the accuracy, reliability or correctness of the System, and accepts no responsibility, for any errors, or omissions in the Content or New Intellectual Property however arising (including but not limited to errors or omissions arising as a result of the negligence of Siggins Aviation or its employees, agents or representatives). Siggins Aviation, its directors, employees, agents, representatives and their associates may have investments in or relationships with some of the Third Parties, to which the System may refer.
11.6 You accept all risks and responsibility for losses, damages (including any consequential loss or damage), costs, claims and other consequences resulting directly or indirectly from using the System and in relation to any Materials from or related to the Licensed Application.
11.7 Where liability cannot be excluded by law then, to the extent permissible by law, any liability incurred by Siggins Aviation in relation to any Content or New Intellectual Property is limited to the re-supply of the Content or New Intellectual Property or the cost of re-supplying the same. Under no circumstance will Siggins Aviation be liable for any incidental, special or consequential loss or damages, including damages for loss of business, data, capital or other profit arising from, or in relation to, the System, or any use of the Licensed Application.
11.8 Siggins Aviation will not be liable for any loss of any data or New Intellectual Property which you upload or store using the Licensed Application.

12 INDEMNITY

You agree to indemnify us, our officers, directors, employees and agents, from any claims, costs, loss or damages, consequential loss or damage, including without limitation reasonable legal fees on a full indemnity basis, which we may suffer from your activities on or use of the System, including any breach by you of the License Agreement or any breach of Third Party Intellectual Property Rights. You shall fully cooperate as we reasonably require in the defence of any Third Party or student claim in any way related to your activities on or use of the System at your cost. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

13 INTELLECTUAL PROPERTY

13.1 You acknowledge and agree that any and all Intellectual Property Rights in the Licensed Application and the Intellectual Property Rights in all Content and New Intellectual Property (the “IP Rights”) are and shall remain the exclusive property, whether under license or directly, of Siggins Aviation and its licensors. Nothing in this License Agreement intends to or shall transfer any IP Rights to, or to vest any IP Rights in you. You are only entitled to the limited use of the System and the New Intellectual Property granted to you in this License Agreement.
13.2 You will not take any action to jeopardise, limit or interfere with the IP Rights and will immediately notify us if you become aware of any Third Party doing so. You acknowledge and agree that any unauthorised use of the IP Rights is a violation of the Licensed Application License Agreement, as well as a violation of applicable Intellectual Property laws.
13.3 You agree not to sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights or any access to the System or any part of it to any Third Party. You agree that you will not undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Licensed Application, its features or services, or any part of them. You agree not intercept, capture, emulate, or redirect the communications protocols used by the Licensed Application for any purpose, including without limitation causing the Licensed Application or its features or services to connect to any computer server or other device not authorised by Siggins Aviation or in a manner not authorised by Siggins Aviation.
13.4 You also agree that you will not:
   (a) use any “robot”, “spider”, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Licensed Application; or
   (b) “frame” or “mirror” any part of the Licensed Application without our prior written authorisation.
13.5 Other than as permitted under this License Agreement, you must not, nor allow cause, permit or authorise any Third Party to, reproduce, distribute, transmit, publish, copy, transfer, or commercially exploit or use for commercial gain or any purpose whether directly or indirectly through any joint venture, business, company, trust, partnership or firm and whether as owner, partner, director, shareholder, beneficiary, unit holder, officer, contractor, consultant, employee, agent or adviser, the System, the New Intellectual Property or any part of either part of them.
13.6 Immediately upon creation of any New Intellectual Property by you, you irrevocably, unconditionally and perpetually grant an exclusive, royalty-free, transferrable license to the Owner to use and commercially exploit in any manner any New Intellectual Property and all associated Intellectual Property Rights. You waive any Moral Rights in the New Intellectual Property and consent to any act or omission by us which would otherwise infringe any such Moral Rights.
13.7 You will, if and when we require you to do so, (whether before, during or after the termination of the License Agreement) at our expense, do all things necessary to formalise the license set out in clause 13.6 above. You irrevocably and unconditionally appoint Siggins Aviation as your attorney to do all things necessary to formalise the license set out in clause 13.6 above should you fail to do so when required.

14 HYPERLINKS HOTLINKS AND FRAMING

Siggins Aviation does not warrant the accuracy of any links provided at the Licensed Application, nor the suitability of any content located in the Licensed Application. Hyperlinks, hotlinks and frames connecting the Licensed Application with other applications are for convenience only and does not mean that Siggins Aviation endorses or approves those other applications, their content or the people who run or contribute to them. Use of hyperlinks or hotlinks within the Licensed Application is at your sole risk.

15 VIRUSES AND DEFECTS

Siggins Aviation does not represent or warrant that any materials, information, files, data or downloads (the “Items”) obtained from or through the System are free from computer viruses, worms, malware, spyware or defects. Any such Items are provided and may only be used on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those Items. Siggins Aviation liability for such an event is limited to the re-supply of those Items.

16 SEVERABILITY

If any portion of this License Agreement is held invalid, unenforceable or illegal for any reason, the License Agreement shall remain otherwise in full force apart from such provisions which will be deemed deleted.

17 LANGUAGE

To the extent that this License Agreement or any subsequent License Agreement or agreements arising out of this License Agreement are translated into another language, the English version of such agreements shall be the sole authoritative version.

18 DISPUTES AND JURISDICTION

Any dispute arising in connection with the System or this License Agreement which is unable to be settled following the reasonable negotiation, being not less than 10 Business Days following notification of the dispute, of the parties will be settled by the courts of Western Australia. The laws of Western Australia govern this License Agreement. The parties submit to the non-exclusive jurisdiction of the Courts of Western Australia and the Federal Court of Australia. Your use of the System and provision of the Courses may also be subject to other local, state or national laws.

19 NO PARTNERSHIP

The relationship between Siggins Aviation and you is one of licensor and licensee only, and nothing contained in or evidenced by this License Agreement shall or is intended to create any partnership or joint venture between the parties or any of them or any other relationship in which we may be liable generally for your debts or actions.

20 WAIVERS

20.1 Failure to exercise or delay in exercising any right, power or privilege in this License Agreement by a party does not operate as a waiver of that right, power or privilege.
20.2 A single or partial exercise of any right, power or privilege does not preclude any other or further exercise of that right, power or privilege, or the exercise of any other right, power or privilege.

21 WE MAY ACT BY AGENT

All acts and things which we are required or empowered to do under this License Agreement may be done personally or by our respective solicitor, agent, contractor, or employee.

22 FURTHER ASSURANCES

Each party must execute and do all acts and things necessary or desirable to implement and give full effect to the provisions and purposes of this License Agreement.

23 COUNTERPARTS

This License Agreement may be executed in any number of counterparts each of which is an original and all of which constitute one and the same instrument.

24 ENTIRE AGREEMENT

24.1 This License Agreement and the contracts, agreements and arrangements contemplated by or referred to in this License Agreement constitute the entire agreement between the parties with respect to the subject matter of this License Agreement and contains all of the representations, warranties, covenants and agreements of the parties in relation to the subject matter of the Agreement as at the date of this License Agreement.
24.2 An oral statement, representation, undertaking, covenant or agreement made prior to the date of this License Agreement and not contained in this License Agreement is void.

25 GOODS AND SERVICES TAX

In this clause: GST has the same meaning as in the GST Act;
25.1 GST Act means A New Tax System (Goods and Services Tax) Act 1999; and
25.2 Tax Invoice has the same meaning as in the GST Act.
25.3 The parties agree that the Course Fee, Subscription Fee and any other money payable under this Agreement by you to us is exclusive of GST.
25.4 We will provide a valid Tax Invoice in relation to the Course Fee, Subscription Fee and any other amounts payable under this License Agreement.

26 ASSIGNMENT

We may assign or novate our rights, benefits or obligations under this License Agreement without your prior written consent. You must have our prior written consent to assign any of our rights, benefits or obligations under this License Agreement.

27 PRECEDENCE

In case of any conflict between the provisions of any document comprising the License Agreement, the order of precedence of such documents shall be as follows:
   (a) Special Conditions;
   (b) Pricing Schedule;
   (c) License Agreement Terms and Conditions;
   (d) credit application;
   (e) Other relevant documentation.

28 PRIVACY & SECURITY

28.1 Privacy Statement
   (a) Siggins Aviation makes every reasonable effort to safeguard the privacy of all personal information provided to it. This statement provides information of Siggins Aviation privacy practices for the Licensed Application. For full details of the Licensed Application’s Privacy Policy please select the Privacy Policy link from the website www.sigginsaviationconsulting.com.au. You should periodically revisit our Privacy Policy as it may change from time to time as Siggins Aviation continues to develop this Licensed Application.
   (b) Siggins Aviation is not responsible for the privacy and security practices of other applications linked to this Licensed Application. You should refer to the privacy statements contained in those other applications. Siggins Aviation takes no responsibility over information you transmit to us over the Internet. Once we receive your information, we will make all reasonable efforts to keep it secure on our systems but will not be liable for any breach of security.
28.2 What personal information is collected
   (a) The information collected by the Licensed Application about you will depend on your use of the different features and services available on the Licensed Application.
   (b) If you visit this Licensed Application to read browse or download information, our systems will record your IP address, the date and time of your visit, the pages viewed and any download made. The personal information added or updated by you in the secured section of our Licensed Application may be collected and stored. This may include but not limited to name, date of birth, aviation reference number, etc.
28.3 How is the information used
   (a) The information collected may be used to determine the use patterns of the Licensed Application including the popularity of the Licensed Application. This may be used by Siggins Aviation to improve this Licensed Application. The information may also be used for planning, product development, marketing and research purposes.
   (b) If you provide us information via the Licensed Application or direct to us, such as to request information about Siggins Aviation software, we will use the information to forward you such in accordance with your request.
28.4 Disclosure of information
Siggins Aviation will not intentionally reveal or release your personal information collected on the Licensed Application to any third party except were you have given us authorisation to do so, for the purposes of back up in the event of a system failure or where we are required to do so by law. Our systems are backed-up hourly and back-ups are stored on our third-party servers secured by SSL certificates and encryption.
28.5 How secure is your information
   (a) Siggins Aviation has implemented security processes and technologies to reasonable industry standard to secure and maintain information collected and to restrict incorrect use of and unauthorised access to such information. We do not guarantee security of your information and will not be liable for any loss or dissemination of it. Your account information is password protected.
   (b) To protect your information, you may not divulge your password to anyone or use passwords that can be easily guessed. You must change passwords regularly.
28.6 How to access and change personal information
For the secure sections of your Licensed Application account you can change your log in password or contact us in order to change the password.

29 END OF LIFE

In the event that there is a complete shutdown of the system and/or the License Applications, you will be given notice 18 months prior to the date of the end of life.