Aviation Applications for Mobile Devices End User License Agreement

PLEASE READ THIS EULA CAREFULLY. IT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU (“LICENSEE” OR “YOU” OR “YOUR”) AND BOEING DIGITAL SOLUTIONS, INC., d/b/a JEPPESEN, ITS PARENT COMPANY OR ANY AFFILATE, AS APPLICABLE (“BOEING DIGITAL”) FOR THE USE OF THIS APPLICATION (THE “APPLICATION”). By using this Application, you agree to the terms and conditions stated in this EULA, unless your employer has a separate agreement with Boeing Digital related to this Application, in which case, that agreement will apply as supplemented by any additional terms and conditions below that are not covered in your employer’s agreement. In case of any conflicts between this EULA and any other written agreements between Boeing Digital and your employer regarding this application, the other agreement will take precedence in each instance. BY CLICKING THE “I ACCEPT” or “AGREE” (as applicable) BUTTON OR USING THIS APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THIS EULA, INCLUDING SECTION 8 LIMITATION OF LIABILITY.

BOEING DIGITAL RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AND CONDITIONS OF THIS EULA AT ANY TIME BY POSTING THE CHANGES IN THIS APPLICATION. THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS CAN BE REVIEWED BY GOING TO THE “SETTINGS” ICON (either in the Application or in the device settings) THEN THEN TO “TERMS AND CONDITIONS”. YOU SHOULD VISIT THIS LOCATION EVERY TIME YOU USE THIS APPLICATION TO REVIEW THE TERMS AND CONDITIONS. ANY CHANGES OR MODIFICATIONS TO THE TERMS AND CONDITIONS WILL BE EFFECTIVE ON THE DATE THE CHANGE OR MODIFICATION IS MADE. YOUR USE OF THIS APPLICATION FOLLOWING THE DATE OF ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AS REVISED. IF YOU DO NOT AGREE TO THE REVISED TERMS AND CONDITIONS, THEN YOU MUST STOP USING THIS APPLICATION.

1. OWNERSHIP. This Application contains the valuable proprietary content of Boeing Digital and its licensors and is protected by copyright and other intellectual property laws and treaties. Boeing Digital and its licensors retain all right, title and interest in the copyrights, patents, trade secrets, trademarks and other intellectual property rights pertaining to this Application. This Application is licensed, not sold to You, and You agree not to use this Application except in its intended manner in accordance with the terms of this EULA.
2. LICENSE USE AND RESTRICTIONS ON USE. The license granted to You is limited to a non-transferable license to use this Application only on a mobile device that You own or control. This Application must be used strictly in accordance with any applicable regulatory agency and aircraft operator requirements. Boeing Digital’s provision of this Application does not imply that it meets any regulatory agency approval requirements or that it may be used during operation, repair, and maintenance of an aircraft. The aircraft operator is solely responsible for determining whether this Application is appropriate for use during operation, repair, and maintenance of an aircraft and for providing appropriate training in the proper and safe use of this Application. This Application should not be used without reviewing all user instructions from Boeing Digital in the help menu, associated documentation or appropriate training.  This Application should not be used as the sole means of accessing flight crew reference materials, if applicable.  IN ADDITION, THIS APPLICATION MAY NOT BE USED WHERE SUCH USE MIGHT INTERFERE WITH THE SAFE OPERATION OF ANY AIRCRAFT OR IS PROHIBITED BY APPLICABLE LAW You will not: (a) copy, reproduce, or publish this Application; (b) distribute copies of this Application or accompanying materials to others; (c) modify, adapt, translate, reverse engineer, or decompile this Application or create derivative works based on this Application; (d) modify, adapt, translate, or create derivative works based on the printed, electronic, or written materials; (e) use this Application in breach of any applicable laws and regulation; (f) assign, rent, lend, or sublease this Application; (g) sell or transfer this Application; or (h) use this Application on any mobile device with an operating system that has been “rooted” or “jailbroken”; which means the operating system installed on the device by the manufacturer or carrier has been modified by a party other than the manufacturer or carrier.

THIS APPLICATION IS LICENSED FOR USE SOLELY IN CONNECTION WITH CERTAIN BOEING DIGITAL DATA OR SERVICES, WHICH MUST BE LICENSED UNDER A SEPARATE AGREEMENT WITH BOEING DIGITAL.

3. WARNINGS.

A. THIS APPLICATION IS INTENDED TO BE USED ONLY FOR PLANNING AND SITUATIONAL AWARENESS PURPOSES ONLY. YOU MUST PAY ATTENTION TO FLIGHT CONDITIONS AND SITUATIONS.

B. THE SELECTION, PURCHASE, MAINTENANCE AND USE OF THE HARDWARE AND THIRD PARTY SOFTWARE ON WHICH THIS APPLICATION IS BEING INSTALLED AND HARDWARE AND THIRD PARTY SOFTWARE WITH WHICH THIS APPLICATION MAY BE USED ARE SOLELY YOUR RESPONSIBILITY AND BOEING DIGITAL HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY RELATED TO SUCH HARDWARE AND THIRD PARTY SOFTWARE. THIS APPLICATION MAY ALLOW CERTAIN INFORMATION AVAILABLE FROM THIRD PARTY APPLICATIONS OR SERVICES TO BE IMPORTED AND DISPLAYED AND BOEING DIGITAL HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY RELATED TO SUCH THIRD PARTY INFORMATION. YOU REPRESENT AND WARRANT THAT YOU ARE FAMILIAR WITH AND THAT YOU WILL COMPLY WITH THE SEPARATE TERMS AND CONDITIONS YOU AGREED TO WITH THE MANUFACTURER OF SUCH HARDWARE AND THIRD PARTY SOFTWARE OR INFORMATION.

C. THE HARDWARE MAY MAKE CERTAIN INFORMATION AVAILABLE RELATING TO THE LOCATION OF THE HARDWARE (“LOCATION DATA”). SUCH LOCATION DATA IS NOT A PART OF THE APPLICATION OR PROVIDED BY BOEING DIGITAL. IF CUSTOMER UTILIZES THE LOCATION DATA IN CONJUNCTION WITH THE APPLICATION THE LOCATION DATA MAY BE USED FOR SITUATIONAL AWARENESS PURPOSES ONLY AS LOCATION DATA IS NOT INTENDED FOR AIRCRAFT NAVIGATION OR TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE, TIME-DELAYED OR INCOMPLETE LOCATION DATA COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE, OR VIOLATION OF ANY REGULATIONS OF A CIVIL AVIATION AUTHORITY OR ANY OTHER REGULATORY AUTHORITY. USE OF THE LOCATION DATA IS AT YOUR SOLE RISK AND BOEING DIGITAL MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO LOCATION DATA AND DISCLAIMS ANY AND ALL LIABILITY THEREFORE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF THE LOCATION DATA OR ANY OTHER THIRD PARTY DATA DISPLAYED BY THIS APPLICATION OR SERVICES.

 

4. TERMINATION. This EULA will automatically terminate if You fail to comply with any term of this EULA, any term of the separate agreement with Boeing Digital for use of Boeing Digital’s data or services, or any applicable law.
5. ASSUMPTION OF RISK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU.
6. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BOEING DIGITAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THIS APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY BOEING DIGITAL OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
7. EXCLUSION OF LIABILITIES.

A. DISCLAIMER AND RELEASE. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF BOEING DIGITAL AND THE REMEDIES OF CUSTOMER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF BOEING DIGITAL AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST BOEING DIGITAL, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY THE APPLICATION OR OTHER THING PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO:

(i)      ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

(ii)     ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE;

(iii)    ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BOEING DIGITAL; AND

(iv)     ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY PROPERTY, INCLUDING WITHOUT LIMITATION ANY AIRCRAFT OR SPARE PART.

B. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. BOEING DIGITAL WILL HAVE NO OBLIGATION OR LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY) OR TORT (WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BOEING DIGITAL) OR ANY OTHER THEORY FOR ANY OF THE FOLLOWING WHETHER DIRECT OR INDIRECT:

(i)       LOSS OF USE,

(ii)      LOSS OF REVENUE OR PROFIT,

(iii)     LOSS OF DATA,

(iv)     LOSS OF GOODWILL, OR

(v)      ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.

C. MAXIMUM LIABILITY. IN NO EVENT WILL BOEING DIGITIAL’S TOTAL LIABILITY, WHETHER IN CONTRACT (INCLUDING BUT NOT LIMITED TO WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF BOEING DIGITIAL), STRICT LIABILITY OR OTHERWISE, IN ANY WAY ARISING OUT OF OR RELATING TO THIS EULA, INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE THIS APPLICATION EXCEED THE GREATER OF (i) THE PURCHASE PRICE, IF ANY, PAID FOR THIS APPLICATION OR (ii) $100.00 USD.

D. Some states and jurisdictions do not allow limitations on direct, indirect, incidental, or consequential damages in certain circumstances, so the above limitations or exclusions only apply to You to the extent they are permitted in your state or jurisdiction.

E. For purposes of this Section, the term “Boeing Digital” means (i) Boeing Digital Solutions, Inc., (ii) The Boeing Company, (iii) their respective parents, subsidiaries, and affiliates, (iv) the assignees of each, and (v) their respective directors, officers, contractors, licensors, subcontractors, employees and agents.

F. If a court of competent jurisdiction determines that applicable law implies warranties and liabilities which cannot be disclaimed, excluded or limited or which can only partly be disclaimed, excluded or limited, then the limit on Boeing Digital’s liability set forth in this Section will apply to the fullest extent permitted by law. If Boeing Digital cannot disclaim, exclude or limit a warranty or liability implied by law, this EULA will be read and construed subject to such provisions of law.

8. INDEMNIFICATION. You will indemnify and hold harmless Boeing Digital and its licensors, contractors, subcontractors, and agents from and against all claims and liabilities (including claims by third parties), and costs and expenses (including attorneys’ fees), incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including Your employees, or for loss of or damage to any property, including without limitation any aircraft, arising out of or in any way relating to the use of or inability to use this Application provided to You under this EULA, the use of or inability to use the hardware and/or third party software on which this Application is being installed by You, and the use of any third party information in conjunction with this Application, whether or not arising in strict liability or tort or occasioned by the negligence of Boeing Digital. Your obligations under this indemnity will survive the termination of this EULA.

For purposes of this Section, the term “Boeing Digital” means (i) Boeing Digital Solutions, Inc., (ii) The Boeing Company, (iii) their respective parents, subsidiaries, and affiliates, (iv) the assignees of each, (v) and their respective directors, officers, contractors, licensors, subcontractors, employees, and agents.

For purposes of this Section, the term “Boeing Digital” means (i) Boeing Digital Solutions, Inc., (ii) The Boeing Company, (iii) their respective parents, subsidiaries, and affiliates, (iv) the assignees of each, (v) and their respective directors, officers, contractors, licensors, subcontractors, employees, and agents.

9. EXPORT COMPLIANCE. You are responsible for Your compliance with applicable US and non-US export control and sanction laws and regulations; including (but not limited to) US  ITAR, EAR and OFAC.  You further attest that: (a) You are not a prohibited party by US or other applicable country regulations (to include being listed on the US Specially Designated National List); and (b) You are not in a prohibited destination by US or other applicable country regulations; and (c) You will not export, re-export, or otherwise enable the product to be accessible to parties or locations that are prohibited by US or other applicable country regulations, and (d) You are responsible for securing and maintaining any export and re-export authorizations/licenses/permits/ consents that may be applicable to Your export and re-export activity.  Nothing in this clause releases You from any obligation stated elsewhere in this EULA not to disclose such product.
10. LEGAL COMPLIANCE. You represent and warrant that You are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and You are not listed on any United States Government list of prohibited or restricted parties.
11. ENTIRE AGREEMENT. This EULA contains the entire understanding of the parties hereto relating to the subject matter hereof. No waiver or modification of any of the terms hereof will be valid unless in writing and signed by both Boeing Digital and You. No waiver of any breach will be deemed a waiver of any subsequent breach. If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions will not be affected.
12. GOVERNING LAW. This EULA will be interpreted under and governed by the laws of the State of Colorado, U.S.A. without recourse to choice of law statutes or principles that would otherwise result in the application of the law of any other jurisdiction to this EULA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA.
13. CONFLICTING DOCUMENTS. In the event You issue a purchase order for Your request of this Application, the terms and conditions therewith are hereby rejected by Boeing Digital and this EULA will govern and take precedence over all other terms and conditions contained on or referenced by such purchase order.
14. PRIVACY. Please refer to Boeing Digital’s Privacy Policy on its website, which can be found at https://www.boeing.com/privacy-and-cookie-policy for information on how Boeing Digital collects, uses and discloses personally identifiable information from its users.
15. The Application may require You to enter a serial number or user name/password to access (i) the Application, (ii) the charts or data licensed to You under a separate agreement, and/or (iii) to register and create an account. In consideration of the use of the Application and corresponding services, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form, and (b) maintain and promptly update the personal information You provide, if any, to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Boeing Digital has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Boeing Digital has the right to refuse any and all current or future use of the Application and corresponding services (or any portion thereof). You are responsible for maintaining the confidentiality and security of Your account and password, and You are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with Your account or password. You agree to (a) promptly notify Boeing Digital of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password or any information stored in, or used in conjunction with, the Application; and (b) ensure that You exit from Your account at the end of each session. Boeing Digital will not be liable for any injury, loss or damage of any kind arising from or relating to Your failure to comply with (a) and (b) or for any acts or omissions by You or someone else using Your account and/or password.
16. THIRD PARTY TERMS AND CONDITIONS.
17. ANDROID®. When You download or use this Application on any Android® operating system, the following additional terms apply and You agree as follows:

THE ANDROID OPERATING SYSTEM IS DESIGNED TO RUN ON MANY TYPES OF MOBILE DEVICES THAT CONTAIN VARIATIONS INCLUDING BUT NOT LIMITED TO HARDWARE, SYSTEM CONFIGURATION, SOFTWARE, AND FEATURES. THIS APPLICATION MAY NOT BE COMPATIBLE WITH ALL ANDROID MOBILE DEVICES WHICH COULD RESULT IN INCORRECT RENDERING OF BOEING DIGITAL CHARTING DATA.

1. APPLE®. When You download or use this Application on any Apple® operating system, except to the extent the Application is distributed through Your iOS Developer Program Enterprise License Agreement, the following additional terms apply and You agree as follows:

(i)      Acknowledgement:  The parties acknowledge that this EULA is concluded solely between such parties, and not with Apple, and Boeing Digital, not Apple, is solely responsible for this Application and the content thereof. You further acknowledge that the usage rules for this Application are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date You download this Application, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive.

(ii)     Scope of License: The license granted to You is limited to a non-transferable license to use this Application on any iPhone, iPod touch or iPad that You own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

(iii)    Maintenance and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.

(iv)     Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to this Application.  In the event of any failure of this Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for this Application to that end-user; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application. The parties acknowledge that to the extent that there are any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty such would be the sole responsibility of Boeing Digital. However, You understand and agree that in accordance with the EULA, Boeing Digital has disclaimed all warranties of any kind with respect to this Application, and therefore, there are no warranties applicable to this Application.

(v)     Product Claims: The parties acknowledge that as between Apple and Boeing Digital, Boeing Digital, not Apple, is responsible for addressing any claims of the end-user or any third party relating to this Application or the end-user’s possession and/or use of this Application, including, but not limited to: (i) product liability claims; (ii) any claim that this Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(vi)     Intellectual Property Rights: You acknowledge that, in the event of any third party claim that Your possession and use of this Application infringes that third party’s intellectual property rights, Apple will have no responsibility or liability whatsoever for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(vii) Third Party Terms:  You must comply with applicable third party terms and conditions when using this Application.

(viii) Third Party Beneficiary:  You acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions contained herein, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary thereof.

(ix)     Name and Address of Boeing Digital: Boeing Digital Solutions, Inc., d/b/a Jeppesen, 55 Inverness Drive East, Englewood, Colorado, USA 80112.

C. ASPEN. THIS APPLICATION MAY BEAR THE CONNECTED PANEL ENABLED^TMDESIGNATION, A SERVICE MARK OF ASPEN AVIONICS, INC. (“ASPEN”). SUCH DESIGNATION MEANS THAT THE APPLICATION HAS BEEN DETERMINED BY ASPEN TO BE COMPATIBLE AND/OR INTEROPERABLE WITH THE ASPEN CONNECTED PANEL^TM. ASPEN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIS APPLICATION INCLUDING (WITHOUT LIMITATION) ITS QUALITY, RELIABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

D. GARMIN – ACKNOWLEDGEMENT. If Boeing Digital Solutions, Inc. Garmin G1000 training material is provided within this Application, such training material is included in the defined term “Application” herein. YOU UNDERSTAND AND AGREE THAT BOEING DIGITAL SOLUTIONS, INC.’s GARMIN G1000 TRAINING MATERIALS ARE SUPPLEMENTARY ONLY, AND IN NO WAY REPLACE YOUR OWN OBLIGATION TO BECOME FULLY TRAINED. BOEING DIGITIAL SOLUTIONS, INC. ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR FULLY AND COMPLETELY TRAINING YOU, WHICH OBLIGATION RESTS SOLELY WITH YOU.

E. MICROSOFT®. By Downloading or using this Application on a Microsoft operating system, the following additional terms apply and You agree as follows:

(i).     Support Services: The parties acknowledge that Microsoft and Your hardware manufacturer are not responsible for providing support services for this Application.