PilotAware Conditions of Use.
The software provided by PilotAware Ltd is uncertificated software provided to work with PilotAware hardware for use AS A SECONDARY POSITIONAL AWARENESS AID ONLY. PilotAware is NOT A COLLISION AVOIDANCE DEVICE. PilotAware contains NO collision avoidance algorithms and will NOT give you any advice on how to avoid traffic or any advice to other traffic on how to avoid you.
As Pilot in Command it remains your total responsibility to take all necessary actions to maintain safe flight, including collision avoidance and the safe use of PilotAware. PilotAware Software is provided for use under Visual Flight Rules in Visual Meteorological Conditions only and is NOT CERTIFIED TO ANY AVIATION STANDARD AND MAY FAIL AT ANY TIME PilotAware Ltd will accept no responsibility for its use.
It is a mandatory pre-requisite to using this PilotAware Software, that you agree to these Conditions of Use and have read, understand, agree and comply with the latest Installation and Operating instructions and the PILOTAWARE END USER LICENSE AGREEMENT. This is available from PilotAware Ltd. YOU WILL HAVE BEEN SHOWN AND AGREED TO THIS LICENSE AGREEMENT WHEN YOU ACCEPTED AND DOWNLOADED YOUR PILOTAWARE SOFTWARE LICENSE.
When using PilotAware equipment you will broadcast the GPS position and ICAO code of your aircraft for detection by other PilotAware users. Broadcast messages can and will be detected by anyone with a suitable receiver. This is the same for any EC device including your existing Mode-S transponder, Flarm ADSB or CAP 1391 devices. In using your PilotAware device you must be aware of this and hold PilotAware Ltd blameless for any real or apparent misuse of this broadcast information.
Using Electronic Conspicuity Devices in Aircraft.
Pilots flying under VFR, should spend most of their time looking out of the aircraft and scanning the local airspace. It is often observed however, that pilots do not spend sufficient time on their visual scan or their scan may not be optimal. PilotAware comes under the genre of equipment called Electronic Conspicuity (EC). When used as a secondary positional awareness device PilotAware can enhance your situational awareness but only by augmenting your thorough visual scan. NOT REPLACING IT. It is vitally important, that you understand and acknowledge that there are real concerns, that a reliance on a prompted lookout from any EC device including PilotAware could actually reduce the effectiveness of the visual scan.
For instance, there may be a danger that your attention will be focused on the one area prompted and therefore, you may be spotting the wrong aircraft, or missing other aircraft that are outside the area prompted by the EC device. Some pilots may become intrigued by the information provided on local aircraft, or fixated on the display, at the expense of maintaining their necessary visual scan. Pilots may also incorrectly assume that ALL aircraft can be seen on their EC device, this is definitely NOT the case.
It must therefore be stressed that PILOTAWARE DOES NOT REPLACE THE NEED FOR AN EFFECTIVE VISUAL SCAN, WHICH AS PILOT IN COMMAND IS YOUR SOLE RESPONSIBILITY AND THE PRIMARY METHOD FOR SEEING OTHER AIRCRAFT. PILOTAWARE LTD WILL TAKE NO RESPONSIBILITY FOR YOUR SAFETY OR THE SAFETY OF YOUR PASSENGERS WHEN USING THIS EQUIPMENT.
It is also imperative that you fully familiarise yourself with the set-up, configuration and operation of your PilotAware unit BEFORE YOU USE IT IN YOUR AIRCRAFT. The in-flight cockpit is NOT the place to become familiar with any new piece of equipment. If you are in doubt of any part of the operation in flight, ignore it until you can study its operation whilst safely on the ground.
It is also recommended that in the early days of using any EC device a second pilot or observer is present in the aircraft to get used to the new equipment. This can be done by buddying up with another pilot or competent passenger in the early flights.
IF, AT ANY TIME, YOU FEEL THAT YOU ARE DISTRACTED BY THE PILOTAWARE DEVICE, TURN IT OFF UNTIL YOU ARE FAMILIAR WITH ITS OPERATION.
PilotAware is used entirely at the risk of the user. Great care has been taken to eliminate defects during its development however it is not claimed to be fault-free. No claims are made regarding its correctness, reliability or fitness for any particular purpose. The PilotAware project developers and other contributors shall not be liable for errors contained herein or for incidental or consequential damages, loss of data or personal injury in connection with the fidelity, performance, or use of this hardware or software.