Terms of Use

I agree with the following NAV CANADA Terms and Conditions for use of the
Internet Flight Planning System and by sending registration form to NAV CANADA
I accept these Terms and Conditions for use of the Internet Flight Planning

1. Rights Granted
(a) NAV CANADA grants the Subscriber the right to access the above indicated
    application or applications (the "Application")
    for the purpose of filing a flight plan on line pursuant to the provisions
    of this Agreement. Any access to the Application may be controlled or may
    be otherwise subject to limitations on the type of activity that may be
    conducted by the Subscriber.

(b) All proprietary rights, including all intellectual property rights
    world-wide arising under the law, and whether or not perfected, including 
        (i)   patents, patent applications and patent rights;
        (ii)  rights associated with works of authorship including copyrights,
              copyright application, copyright registrations, mask work rights,
              mask work applications, masks work registration;
        (iii) rights relating to the protection of trade secrets and
              confidential information;
        (iv)  any right analogous to those set forth in this definition and any
              other proprietary rights relating to intangible property and
        (v)   divisions, continuations, renewals, reissues and extensions of
              the foregoing (as and to the extent applicable) now existing, or
              hereafter filed issued or acquired, shall remain with NAV CANADA.

(c) The Subscriber hereby consents to NAV CANADA's use of the personal and
    confidential information provided pursuant to  this agreement, including 
    any information filed on any flight plan, for data handling/processing of 
    the flight plan, Search and Rescue (SAR) purposes and billing purposes.

2. Access
(a) Following reasonable notice to the Subscriber, the Application may be
    interrupted at any time in order to maintain, modify
    or enhance the Application. Although NAV CANADA shall use reasonable
    efforts to ensure the Applications uninterrupted availability, no
    responsibility is assumed for interruptions of or delays in delivery of

3. General Restrictions on Use
The Subscriber agrees to the following restrictions on the use of the
(a) Access to the Application is provided solely and exclusively for the
    internal use of the Subscriber. The Subscriber shall not
    provide access to the Application to any other person or entity including
    any affiliate.
(b) The Subscriber acknowledges that the Application was compiled, revised,
    selected and arranged by NAV CANADA through the application of methods and
    judgement developed and applied through the expenditure of substantial time,
    money and effort, and constitute valuable intellectual property, including
    copyright, protected compilations, and trade secrets of NAV CANADA.
(c) The Subscriber acknowledges that NAV CANADA will, using its best efforts,
    operate and maintain the Application.
(d) The Subscriber agrees to co-operate with NAV CANADA and protect the
    intellectual property, including copyright and/or any other proprietary
    rights of the Application.
(e) The Subscriber agrees to not sell, transfer, assign, publish, distribute,
    disseminate, allow any third party access to, or convey any part of the
    Application. The Subscriber shall however have the right to print single
    copies of confirmation of the filing of the flight plan obtained, using the
    Application and utilise same for personal use or in the normal course of its
(f) The Subscriber agrees that it shall not attempt to copy, modify, reverse
    engineer, disassemble, decompile or decrypt the Application and that it
    shall not attempt to reconstruct, copy or prepare derivative works based on
    the Application.
(g) The Subscriber shall not remove, alter or obscure any proprietary notices
    on the Application or any printed extracts.
(h) The Subscriber is responsible for the protection and use of the user
    identifier (USERID), password, and access control items to be used by the
    Authorized User. The Authorized User shall be the only person authorized to
    use the Application and the Authorized User shall not be permitted to share
    the USERID or assigned password.

4. Termination
(a) NAV CANADA may terminate this Agreement by 30 days written notice to the
(b) In the event that NAV CANADA determines, at its sole discretion, that the
    Subscriber has violated any of the terms and  conditions contained in this 
    Agreement, NAV CANADA shall have the right to unilaterally terminate the 
    Agreement immediately.

5. Disclaimer of Warranties;
(a) NAV CANADA does not warrant that the Application will perform uninterrupted
    or error free, that any deficiency can or will be corrected, or that the
    functions or performance of the Application will meet the Subscriber's

6. General
(a) Changes. NAV CANADA may from time to time, and in its sole discretion,
    change the content or format of the Application in accordance with general
    changes made to its standard service offering. The terms and conditions
    applicable to use of the Application may be changed from time to time upon
    reasonable notice to the Subscriber.
(b) Assignment. This Agreement and any rights arising out of this Agreement may
    not be assigned in whole or in part by the Subscriber without the written
    consent of NAV CANADA.
(c) Force Majeure. NAV CANADA shall not be liable for any default or delay
    resulting from circumstances beyond its reasonable control.
(d) Notifications. The Subscriber requests and authorises NAV CANADA to inform
    the Subscriber from time to time of other services available from NAV
(e) Injunctive Relief. Since unauthorised use or disclosure of the Application
    may diminish substantially the value of NAV CANADA's intellectual property
    rights, including copyright, proprietary rights, and/or trade secrets 
    interests that are embodied in same and if the Subscriber breaches any of
    the Subscriber obligations with respect to limited use of same, NAV CANADA
    will be entitled to all remedies available at law or in equity to protect
    their interests therein, including but not limited to injunctive relief as
    well as money damages.
(f) Jurisdiction. The terms of this Agreement shall be construed according to
    the laws of and shall be subject to the nonexclusive jurisdiction of the
    courts of Ontario, Canada. The Subscriber agrees to commence any action
    relating to or arising from this Agreement in such courts.
(g) Survival. Any terms which by their nature are intended to survive the
    termination of this Agreement shall continue in full force and effect after
    termination, which terms shall include, but not be limited to Article 3
    (Restrictions) and Articles 5(b) and 5(c) (Disclaimer of Warranties;
    Limitation of Liability).
(h) Severability. The invalidity or unenforceability of any provision or
    covenant in this Agreement shall not affect the validity or enforceability
    of any other provision or covenant herein contained, and this Agreement
    shall be construed as if such invalid or unenforceable provision or
    covenant were omitted.
(i) Action. No action, regardless of form, arising out of or pertaining to the
    Application may be brought by the Subscriber more than two (2) years after
    the cause of action, its discovery by the Subscriber or such time as it
    should have reasonably been discovered by the Subscriber.
(j) French Language. The parties hereby confirm their express wish that this
    Agreement and all documents relating thereto be drawn up in English only.
    Les parties aux présentes confirment leur volonté que le présent contrat
    de même que tous autres documents s'y rapportant soient rédigés en
    anglais seulement.

NAV CANADA Terms of Use and Privacy Policy