Jeppesen Data License Agreement

Effective August 4, 2017

JEPPESEN DATA LICENSE AGREEMENT: PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS DATA. IT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR SINGLE LEGAL ENTITY, HEREAFTER “LICENSEE”) AND JEPPESEN SANDERSON, INC. (“JEPPESEN”) FOR THE USE OF THE DATA. IF LICENSEE IS ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR LEGAL ENTITY, LICENSEE REPRESENTS THAT LICENSEE HAS THE AUTHORITY TO ENTER INTO THIS LICENSE AGREEMENT ON THEIR BEHALF. BY DOWNLOADING, INSTALLING, ACCESSING OR USING ANY DATA AND ANY UPDATES THERETO (THE “DATA”), LICENSEE AGREES TO THE TERMS OF THIS LICENSE AGREEMENT, AS MAY BE MODIFIED FROM TIME TO TIME. JEPPESEN RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AT ANY TIME. THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS CAN BE REVIEWED BY CLICKING THE “HELP” FEATURE IN THE SOFTWARE. LICENSEE SHOULD VISIT THIS LOCATION EVERY TIME AN UPDATE IS INSTALLED 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. LICENSEE’S USE OF THE DATA FOLLOWING THE DATE OF ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE LICENSEE’S ACCEPTANCE OF THE TERMS AND CONDITIONS AS REVISED.

GENERAL TERMS

1.     OWNERSHIP/COPYRIGHT. Jeppesen is the owner or authorized licensor of the Data, including its charts and compilations of charts and data and the electronic chart format (but excluding the underlying data obtained from third party source), which is protected by copyright. Jeppesen retains all rights, title and interest in the copyrights, patents, trade secrets, trademarks and other intellectual property in the Data. Material from the Australian Aeronautical Information Publication has been used by agreement with Airservices Australia. The Data provided hereunder may contain third party data provided by the avionics manufacturer in whose avionics system the Data will be used and Jeppesen disclaims any and all responsibility and liability whatsoever for such third party data.

2.     RESTRICTIONS ON USE. Except as otherwise explicitly authorized herein, Licensee will NOT: (a) copy, reproduce, reverse engineer, decompile, disassemble or publish the Data; (b) electronically transfer the Data to multiple computers over a network system; (c) distribute copies of the Data or accompanying materials to others; (d) modify, adapt, or translate the Data or create derivative works based on the Data; or (e) assign, rent, lend, sell, transfer or sublease the Data.

3.     ACKNOWLEDGEMENT. In the event Licensee licenses the Data on a one-time or periodic basis (i.e., without any regularly scheduled updates), Licensee acknowledges it is Licensee’s sole and exclusive obligation to ensure that the Data is the most current data available prior to its use. 

4.     ASSUMPTION OF RISK. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIS DATA IS AT LICENSEE’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH LICENSEE.

5.     LIMITATION OF LIABILITY.

A.    DISCLAIMER AND RELEASE. THE CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS, LIABILITIES AND WARRANTIES (IF ANY) OF JEPPESEN AND REMEDIES OF LICENSEE SET FORTH HEREIN ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND LICENSEE HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF LICENSEE AGAINST JEPPESEN, EXPRESS OR IMPLIED, ARISING BY LAW, EQUITY OR OTHERWISE, WITH RESPECT TO THIS LICENSE AGREEMENT, THE DATA PROVIDED HEREUNDER AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH DATA, INCLUDING BUT NOT LIMITED TO:

(i)    ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS;

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

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

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

B.    EXCLUSION OF SPECIFIED LOSSES AND DAMAGES. JEPPESEN WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER, (i) WHETHER ARISING IN LAW, EQUITY, CONTRACT (INCLUDING BUT NOT LIMITED TO WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF JEPPESEN), STRICT LIABILITY, OR OTHERWISE AND (ii) WHETHER SUCH LOSSES OR DAMAGES ARE DIRECT, INDIRECT OR OTHERWISE, FOR:

(i)    LOSS OF USE, REVENUE, PROFIT, ANTICIPATED SAVINGS, BUSINESS VALUE, OPPORTUNITY OR GOODWILL;

(ii)   LOSS OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION;

(iii) LOSS OR DAMAGES RESULTING FROM DELAY IN PERFORMANCE AND COST OF SUBSTITUTE PROCUREMENT;

(iv)  LOSS OR DAMAGES RESULTING FROM REPRODUCTION OR RECOVERY OF DATA OR INFORMATION WHICH IS LOST, CORRUPTED OR DAMAGED IN ANY OTHER MANNER, WHETHER  IN WHOLE OR IN PART; OR

(v)   ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, EXEMPLARY OR PURE ECONOMIC LOSSES OR DAMAGES

IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT.

C.    MAXIMUM LIABILITY. IN NO EVENT WILL JEPPESEN’S TOTAL LIABILITY, WHETHER IN CONTRACT (INCLUDING BUT NOT LIMITED TO WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF JEPPESEN), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE THE DATA EXCEED THE GREATER OF (i) THE PURCHASE PRICE OF THE DATA FOR THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD OR (ii) $100.00 USD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

For purposes of this Section, the term “Jeppesen” includes Jeppesen, its parent company, their respective parents, affiliates, and the assignees of each, and their respective directors, officers, employees and agents.

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

6.     INDEMNIFICATION. Licensee will indemnify and hold harmless Jeppesen 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 employees of Licensee but not employees of Jeppesen, or for loss of or damage to any property, including without limitation any aircraft, arising out of or in any way relating to the utilization and/or processing of the Data or any other things provided to Licensee under this License Agreement, whether or not arising in strict liability or tort or occasioned by the negligence of Jeppesen, except to the extent of any obligation, liability, claim or remedy in tort due to the reckless misconduct of Jeppesen. Licensee’s obligations under this indemnity will survive the expiration, termination, completion or cancellation of this License Agreement.

For purposes of this Section, the term “Jeppesen” includes Jeppesen, its parent company, their respective parents, affiliates, and the assignees of each, and their respective directors, officers, employees and agents.

7.     EXPORT COMPLIANCE. Licensee is responsible for its compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the governments of the United States and, if applicable, other countries. Licensee will not attempt to, or knowingly export or re-export the Data or any products using such Data covered under this License Agreement to any country, or national thereof, prohibited from obtaining the Data, either directly or indirectly through affiliates, licensees or subsidiaries of Licensee.

8.     TERMINATION. This License Agreement will automatically terminate (a) upon termination, cancellation and/or non-renewal of Licensee’s Data subscription, (b) upon expiration of the Data, or (c) if Licensee fails to comply with or violates any provision of this License Agreement or any applicable law. In the event Jeppesen becomes unable to support a specific Data subscription, Jeppesen, in its sole discretion, may terminate such subscription by providing notice to Licensee. In such event, Jeppesen will refund the prorated portion of any prepaid amount paid by Licensee from the date of such termination.

9.     ENTIRE AGREEMENT. This License Agreement 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 Jeppesen and Licensee. No waiver of any breach will be deemed a waiver of any subsequent breach. If any provision of this License Agreement is held to be invalid or unenforceable, the remaining provisions will not be affected.

10. GOVERNING LAW. This License Agreement will be interpreted under and governed by the laws of the State of Colorado, USA 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 License Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this License Agreement.

11. CONFLICTING DOCUMENTS. In the event Licensee issues a purchase order for its request of the Data, the terms and conditions therewith are hereby rejected by Jeppesen and this License Agreement will govern and take precedence over such purchase order. In the event that Licensee has entered into a written agreement with Jeppesen for the Data, the written agreement will override all terms of this License Agreement.

ADDITIONAL TERMS FOR USE OF JEPPESEN NAVDATA®

12. LICENSE. Jeppesen NavData is licensed, not sold to Licensee. For each NavData subscription purchased, Jeppesen grants to Licensee a worldwide, nonexclusive, non-assignable right to: (a) download the NavData into Licensee’s personal computer for the sole and exclusive purpose of programming Licensee’s alternative media to be loaded and used on (i) a single aircraft owned and/or operated by Licensee, or (ii) one simulator or other ground-based device for use solely by Licensee; and (b) use the NavData during the stated effective period. Following the period for which the NavData is effective, Licensee may not use the NavData for flight navigation.

13. RESTRICTIONS ON USE. Except as provided herein, NavData may not be used on any other devices or for any other purpose or be sold or given by Customer to any third party whatsoever for any use whatsoever. Use of the NavData in multiple aircraft, computers, simulators or other devices or to generate aviation charts or maps for any purpose whatsoever is expressly prohibited.

14. ADDITIONAL INFORMATION ABOUT NAVDATA.

Jeppesen’s NavData has been developed to meet the need for current aviation information in a computer compatible form required for (a) air navigation equipment used under instrument and visual flight conditions and (b) computerized flight planning applications. Information contained in NavData is independently available from publications of the appropriate governing authority.

NavData is designed for use by experienced and knowledgeable (a) pilots who must be thoroughly familiar with and competent in, among other things, the navigation of aircraft and the air navigation equipment being used, and (b) flight dispatchers, flight planners and others who must be thoroughly familiar with and competent in, among other things, the planning of flights and the computerized flight planning programs being used. NavData does NOT contain all information necessary to independently conduct instrument or visual flight procedures or plan all aspects of a flight. NavData must be used in conjunction with the appropriate aeronautical charts and other information available to pilots, flight dispatchers, flight planners and others through a variety of sources. Pilots must conduct flight procedures in accordance with the information depicted on aeronautical charts.

NavData is compiled in accordance with the industry recommended standard for aeronautical data, Aeronautical Radio, Inc. Specification 424, Navigation System Data Base (“ARINC 424”), and a similar Jeppesen supplemental specification. Determination of the NavData elements used in Licensee’s avionics system is a joint effort between Jeppesen and the avionics manufacturer. Jeppesen NavData is transformed by the avionics manufacturer into formats and configurations necessary for use in the avionics system using computer programs designed, developed and controlled by the avionics manufacturer.

Some information displayed by the avionics system may be solely generated by the avionics system, and may not be information derived from NavData. NavData may not contain all of the navigation data existing worldwide, and Licensee should make no assumption otherwise. The avionics system and the avionics manufacturer’s packing software (“PSP”) may not utilize all NavData available from Jeppesen, and the NavData provided hereunder may be only a subset of the data available from Jeppesen or the avionics manufacturer.

15. GENERAL ACKNOWLEDGEMENTS. Licensee acknowledges and agrees that:

A.    Licensee is the “end-user” of the Data that is the subject of this License Agreement, and that Requirements and Technical Concepts for Aviation, Inc. (RTCA) document DO-200A and European Organization for Civil Aviation Equipment (EUROCAE) document ED-76, “Standards for Processing Aeronautical Data,” Section 1.4, Application of Standard, state that, “The ultimate responsibility of ensuring that data [i.e. NavData] meets the quality for its intended application rests with the end-user of that data.”

B.    Licensee will be thoroughly and appropriately trained on the use of the avionics manufacturer’s flight navigation system and the contents of the database including, among other things, its limitations and differences from Jeppesen NavData, and will confirm that the database information Licensee selects in the system is the database information Licensee intends to select.

C.    Jeppesen is required to notify Licensee of the status of our Letters of Acceptance provided by regulatory authorities.  Please visit www.jeppesen.com/loa to access Jeppesen LOA information and documentation.

16. DISCLAIMER. JEPPESEN SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR:

  1. THE FUNCTIONALITY OF THE AVIONICS SYSTEM, THE PSP AND ALL OTHER TOOLS UTILIZED TO REFORMAT AND INTEGRATE THE NAVDATA INTO THE AVIONICS SYSTEM;
  2. THE ACCURATE TRANSLATION, REPRODUCTION, AND REFORMATTING OF NAVDATA BY THE AVIONICS SYSTEM, THE PSP AND ALL OTHER TOOLS;
  3. THE MANNER IN WHICH THE AVIONICS SYSTEM UTILIZES AND DISPLAYS THE NAVDATA; AND
  4. ANY THIRD PARTY DATA PROVIDED BY THE AVIONICS MANUFACTURER AND INCLUDED IN THE NAVDATA.

17. WARNING. NAVDATA RELATED ALERTS AND NOTICES (“ALERTS”) ARE PUBLISHED ON JEPPESEN’S NOTICES AND ALERTS WEBPAGE ACCESSIBLE VIA WWW.JEPPESEN.COM. CHANGES MAY OCCUR AT ANY TIME AND LICENSEE AGREES TO REGULARLY MONITOR JEPPESEN’S NOTICES AND ALERTS WEBPAGE AS APPROPRIATE FOR ITS TYPE OF OPERATION.

18. LIMITED WARRANTY. JEPPESEN EXPRESSLY WARRANTS FOR THE SOLE BENEFIT OF LICENSEE THAT IT HAS ACCURATELY COMPILED, REPRODUCED AND PROCESSED THE DATA OBTAINED FROM GOVERNMENT OR OTHER SOURCES INTO JEPPESEN NAVDATA AS SUPPLEMENTED AND/OR REPLACED BY ALERTS AS DESCRIBED ABOVE. THIS EXPRESS WARRANTY, WHICH IS EFFECTIVE ONLY FOR THE APPLICABLE 28-DAY PERIOD FOR WHICH THE NAVDATA IS PRODUCED AND IS EFFECTIVE, IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, MADE BY JEPPESEN REGARDING ITS NAVDATA. JEPPESEN WILL, AT ITS OPTION, REPAIR OR REPLACE THE NAVDATA RECORD, OR REFUND THE FEES PAID FOR THE NAVDATA RECORD, WHICH FAILS TO MEET THIS WARRANTY. THIS SECTION STATES LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IF LICENSEE PURCHASED THE DATA FROM JEPPESEN GMBH IN GERMANY, THE FOLLOWING APPLIES: THE FOREGOING WARRANTY WILL MEAN “GEWÄHRLEISTUNG” AND WILL NOT BE CONSTRUED AS A “GARANTIE”. § 443 OF THE GERMAN CIVIL CODE. “BGB” DOES NOT APPLY.

If Licensee is receiving the Required Navigation Performance (“RNP”) Authorization Required (“AR”) NavData Service, in addition to all NavData terms and conditions above, the following terms apply.

Jeppesen will validate certain procedures provided as part of the RNP AR NavData Service in accordance with Jeppesen’s approved alternate compliance for FAA AC90-101A; provided however, Customer understands not all procedures can be validated according to AC90-101A. Customer must perform a flyability check on any non-Part 97 and/or non-U.S. RNP AR (foreign) procedures, as applicable, prior to using it in flight in instrument meteorological conditions (“IMC”).  The flyability check requirement is distinct and separate from Jeppesen’s data validation requirement.  Nothing herein or provided in the RNP AR NavData Service detracts from Licensee’s responsibilities set forth in FAA AC90-101A.

ADDITIONAL TERMS FOR USE OF JEPPESEN CHARTS

19. LICENSE. Jeppesen Electronic Charts are licensed, not sold to Licensee. USE OF JEPPESEN ELECTRONIC CHARTS BY AN AIRLINE/AIR CARRIER (NOT INCLUDING PART 135 CHARTER OPERATIONS) OR GOVERNMENT OR MILITARY ENTITY UNDER THIS LICENSE AGREEMENT IS STRICTLY PROHIBITED. For each subscription purchased, Licensee may download the Electronic Charts into Licensee’s personal computer for the sole and exclusive purpose of programming Licensee’s alternative media to be used in accordance with the following:

A.    In the event Licensee has purchased a subscription to JeppView® or JeppView MFD (collectively, “JeppView”), Licensee’s use of Jeppesen Electronic Charts is subject to the JeppView license agreement.

B.    In the event Licensee has a subscription to JeppView and has purchased a separate subscription to Jeppesen Electronic Charts for use with a portable computing device in support of the same aircraft as Licensee’s JeppView subscription, then License may load and use Jeppesen Electronic Charts on one (1) portable computing device.

C.    In the event Licensee has purchased a subscription to Jeppesen’s Electronic Charts for use solely with a portable computing device (and not in conjunction with any JeppView subscription), Licensee may load and use Jeppesen Electronic Charts on one (1) portable computing device for each subscription purchased.

20. ACKNOWLEDGEMENTS. Licensee acknowledges, agrees and understands that:

A.    Jeppesen’s Electronic Charts have been developed to provide current information in the condensed form required for air navigation under instrument and visual flight conditions. Information contained in the Electronic Charts is independently available from publications of the appropriate governing authority and/or other third parties; and

B.    The Electronic Charts are designed for use by experienced, instrument-rated pilots who must be thoroughly familiar and competent with the instrument navigation of aircraft. The user of the Electronic Charts should also be thoroughly familiar with the Introduction and Legend materials included within Jeppesen charts; and

C.    Instrument procedures are designed, flight-tested, approved, authorized and prescribed by applicable governing authorities. In the United States, these flight procedures are incorporated into FAR Part 97 as regulations. Jeppesen does not design or flight-check any of these procedures, and Jeppesen has no authority to alter, modify, add to, or subtract from any flight procedure prescribed by a governing authority. Further, Jeppesen does not review or approve the adequacy, reliability, accuracy, safety or conformance with government standards of any government flight procedure, and it specifically has undertaken no such duty. Jeppesen’s flight procedure charts simply depict in a graphic form convenient for the use of knowledgeable, instrument-rated pilots, the flight procedures exactly as designed, flight-tested and prescribed by government authorities; and

D.    The Electronic Charts contain a wide variety of information useful to pilots which Jeppesen has obtained from many outside sources. Jeppesen has edited this source material, and has arranged and published it in a convenient, easy-to-use format.

E.    WARNING. ELECTRONIC CHARTS RELATED ALERTS AND NOTICES (“ALERTS”) ARE PUBLISHED ON JEPPESEN’S NOTICES & ALERTS WEBPAGE ACCESSIBLE VIA WWW.JEPPESEN.COM. CHANGES MAY OCCUR AT ANY TIME AND LICENSEE AGREES TO REGULARLY MONITOR THE JEPPESEN’S NOTICES AND ALERTS AS APPROPRIATE FOR ITS TYPE OF OPERATION.

21. LIMITED WARRANTY. JEPPESEN EXPRESSLY WARRANTS FOR THE SOLE BENEFIT OF LICENSEE THAT IT HAS ACCURATELY GRAPHICALLY DEPICTED THE FLIGHT PROCEDURES PRESCRIBED BY APPLICABLE GOVERNMENT AUTHORITIES, AND THAT IT HAS ACCURATELY COMMUNICATED THE INFORMATION OBTAINED FROM OTHER SOURCES ON ITS ELECTRONIC CHARTS AS SUPPLEMENTED AND/OR REPLACED BY ALERTS AS DESCRIBED ABOVE. THIS EXPRESS WARRANTY IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, MADE BY JEPPESEN REGARDING THE ELECTRONIC CHARTS. JEPPESEN WILL, AT ITS OPTION, REPAIR OR REPLACE THE ELECTRONIC CHART, OR REFUND THE MONEY PAID FOR THE ELECTRONIC CHART, WHICH FAILS TO MEET THIS WARRANTY. THIS SECTION STATES LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. IF LICENSEE PURCHASED THE DATA FROM JEPPESEN GMBH IN GERMANY, THE FOLLOWING APPLIES: THE FOREGOING WARRANTY WILL MEAN “GEWÄHRLEISTUNG” AND WILL NOT BE CONSTRUED AS A “GARANTIE”. § 443 OF THE GERMAN CIVIL CODE. “BGB” DOES NOT APPLY.

ADDITIONAL TERMS FOR USE OF ALL OTHER JEPPESEN DATA

22.  LICENSE. Jeppesen grants to Licensee a limited, nonexclusive, non-assignable right to download Jeppesen’s obstacle data, cultural data and terrain data, among other Jeppesen data types (collectively “Other Jeppesen Data”) into Licensee’s personal computer for the sole and exclusive purpose of programming Licensee’s alternative media to be loaded and used on one aircraft owned and/or operated by Licensee for situational awareness only.

23. ACKNOWLEDGEMENT. Licensee acknowledges, agrees and understands that (a) the Other Jeppesen Data are NOT to be used for navigation but are for situational awareness only; and (b) the Other Jeppesen Data may not be updated on a regular basis; and (c) Licensee assumes total responsibility to ensure Licensee is using the most current data available at any given time; and (d) Jeppesen is required to notify Licensee of the status of our Letters of Acceptance provided by regulatory authorities.  Please visit www.jeppesen.com/loa to access Jeppesen LOA information and documentation.

24. NO WARRANTY. The Other Jeppesen Data are provided “AS IS” and “AS AVAILABLE” without warranty of any kind whatsoever.

ADDITIONAL TERMS FOR USE OF GARMIN DATA

In the event Licensee downloads, installs, access or uses any Garmin International, Inc. (“Garmin”) data, Licensee agrees to be bound by Garmin’s End User License Agreement attached hereto and incorporated herein as Exhibit A.


EXHIBIT A

The following terms apply to the Garmin Obstacle, FliteCharts, Terrain, SafeTaxi and IFR/VFR Charts included in the Data.

 

PLEASE READ THIS ENTIRE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING THIS DATABASE UPDATE (“DATABASE”).  THIS LICENSE AGREEMENT IS LEGALLY BINDING UPON YOU (“LICENSEE”) AND GARMIN INTERNATIONAL, INC. (“GARMIN”) AND ITS SUPPLIERS, WHO ARE THIRD PARTY BENEFICIARIES OF THIS LICENSE AGREEMENT.  BY DOWNLOADING OR USING THIS DATABASE, LICENSEE IS AGREEING TO EACH TERM OF THIS LICENSE AGREEMENT INCLUDING THE LICENSE RESTRICTIONS ON USE, LIMITED WARRANTY, DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION.  IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT INSTALL OR USE THE DATABASE AND SHOULD PROMPTLY CONTACT GARMIN TO CANCEL YOUR SERVICE FOR A FULL REFUND OF YOUR MONEY.  AS A PARTY TO THIS LICENSE AGREEMENT, LICENSEE AGREES TO THE FOLLOWING TERMS AND CONDITIONS.

 

1. LICENSE.  The database contained in the update file you are about to download  is licensed, not sold.  Garmin grants to Licensee the following nonexclusive, nonassignable rights so long as Licensee complies with the terms and conditions of this Agreement: (i) to download the Database for the sole and exclusive purpose of updating a single Garmin GPS receiver or System to use the most current Database; and (ii) to use the Database in a Garmin GPS receiver or System and, if applicable, use as a VFR reference tool, but not for primary airborne flight navigation, during the effective period stated on the Database download page.  Following the period for which the Database is effective, Licensee may not use this Database for any purpose whatsoever.

2. COPYRIGHT NOTICE.  The Database, including all intellectual property and/or proprietary rights related to or embodied therein and the data contained therein, is owned by Garmin and/or its suppliers, either directly or under license.

The Database and Garmin and/or its suppliers’ data are protected by United States copyright laws and international treaty provisions.  Licensee must treat this Database like any other copyrighted material in that such protected works may not be copied, reproduced, reversed-engineered, decompiled, stored in a retrieval system, or retransmitted in whole or in part, in any form or by any means, except as otherwise explicitly authorized in this License Agreement.  All rights not expressly granted are reserved by Garmin and/or its suppliers.  Licensee may not remove from, add to, or alter any of the trademarks, tradenames, logos, patent or copyright notices or proprietary markings or legends of the Database.

3. RESTRICTIONS ON USE.   Licensee acknowledges that the Database constitutes valuable trade secrets and proprietary information of Garmin and its suppliers.  The Database is licensed for use in a single Garmin GPS receiver or System.  Use of this Database in multiple GPS units or Systems is NOT authorized and violates the terms of this License Agreement. Except as otherwise explicitly authorized herein, Licensee may NOT: (a) copy, reproduce, or publish the Database; (b) electronically transfer the Database to multiple computers over a network system; (c) distribute copies of the Database or accompanying materials to others; (d) modify, adapt, translate, reverse engineer, decompile, or disassemble the Database or create derivative works based on the Database; (e) assign, rent, lend, or sublease the Database; or (f) sell or transfer the Database.

4. TERMINATION.  This License Agreement will automatically terminate if Licensee fails to comply with or violates any provisions of this License Agreement.  After termination, Licensee shall discontinue any use of the Database.

5. WARRANTY DISCLAIMER.  THE DATABASE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.  GARMIN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. The Database is designed for use by experienced and knowledgeable pilots who must be thoroughly familiar with and competent in the navigation of aircraft and the air navigation equipment being used.  The Database may not contain all terrain and obstacle data existing in the chosen coverage area and Licensee should make no assumption otherwise.  The Database provided to Licensee hereunder may contain only a subset of Garmin’s mapping, terrain and obstacle data.  The Database must be used in conjunction with the appropriate aeronautical charts and other information available to pilots through a variety of sources.  The Database is compiled from government sources and other publicly available data.  Some providers of sources material may make their data for a particular update available too late to be included in a Garmin update.  In that event, the source material included from those providers will be the most up to date information available at the time of Garmin’s compilation of the source material, which may be one update cycle behind the Garmin update.  Garmin assumes only the limited responsibility of accurate compilation, reproduction, and of processing the source material be it government source, or other publicly available data.  Garmin assumes no responsibility to any person or persons in connection with the sale or use of the Database. GARMIN MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE SOURCE MATERIAL USED FOR THE DATABASE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

GARMIN DOES NOT WARRANT THAT THE DATABASE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE DATABASE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL BE FREE FROM BUGS, DEFECTS, VIRUSES AND/OR SECURITY ISSUES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE.  IF LICENSEE’S JURISDICTION DOES NOT ALLOW THE ABOVE DISCLAIMER OF IMPLIED WARRANTIES, THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO TWENTY (20) DAYS FROM DELIVERY OF THE DATABASE TO LICENSEE.

6. LIMITATION OF LIABILITY.  NEITHER GARMIN NOR ITS SUPPLIERS SHALL HAVE ANY LIABILITY TO LICENSEE OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFIT, OR DATA, OR PROPERTY DAMAGE, INJURY OR OTHER COMMERCIAL OR ECONOMIC LOSS), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, CONTRIBUTION, STRICT LIABILITY, TORT (WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF GARMIN OR ITS SUPPLIERS) OR OTHER THEORY ARISING OUT OF THIS AGREEMENT, OR THE USE OF THE DATABASE OR ANY OTHER LEGAL THEORIES, EVEN IF GARMIN OR ITS SUPPLIERS, OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.  THE MAXIMUM AGGREGATE LIABILITY TO LICENSEE SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE PRODUCT.  THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. Some states do not allow the exclusion or limitation of direct, indirect, incidental or consequential damages, so the above exclusions or limitations may not apply to Licensee.

LICENSEE ACKNOWLEDGES THAT THE LICENSE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT GARMIN WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH LIMITATIONS.

7. INDEMNIFICATION.  Except for the obligations under any express warranty set forth herein, Licensee shall indemnify and hold harmless Garmin and its suppliers 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 employees of Licensee but not employees of Garmin or its suppliers, or for loss of or damage to any property, including any aircraft, arising out of or in any way relating to Licensee’s utilization and/or processing of any data or any other things provided hereunder, whether or not arising in strict liability or tort or occasioned by the negligence of Garmin or its suppliers, except to the extent of any obligation, liability, claim or remedy in tort due to the negligent or intentional acts or omissions of Garmin or its suppliers.  Licensee’s obligations under this indemnity will survive the expiration, termination, completion or cancellation of this License Agreement.  The term “Garmin or its suppliers” includes the parent company, its divisions, subsidiaries and affiliates, the assignees of each, and their respective directors, officers, employees, subcontractors and agents of Garmin and its suppliers

8. EXPORT. To the extent that the Database is subject to the export control laws of the United States or any other jurisdiction, Licensee agrees not to export or re-export the Database to any country in violation of the export control laws of the United States of America.

LICENSEE shall otherwise comply with all applicable import and export control laws and regulations and shall defend, indemnify and hold Garmin and its suppliers harmless from any claims arising out of Licensee’s violation of such export control laws.

9. ENTIRE AGREEMENT. This License Agreement contains the entire understanding of the parties hereto relating to the subject matter hereof and supersedes all prior or contemporaneous representations or agreements.

10. GOVERNING LAW. This License Agreement shall be governed by and interpreted in accordance with the laws of the State of Kansas, USA.  The United Nations Convention on Contracts for the International Sale of Goods specifically does not apply.  Except for any action or proceeding brought by Garmin involving injunctive relief, any action or proceeding arising from or relating to this License Agreement must be brought in courts located in Johnson County, Kansas, and Licensee irrevocably submits to the sole and exclusive jurisdiction of and venue in such court.  If any provision of this License Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect.  All waivers must be in writing.  Any waiver or failure to enforce any provision of this License Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.  In the event of termination of this License Agreement, Sections 1, 3, 4, 5, 6, 7, 8, 9 and 10 shall perpetually survive.