Jeppesen Distribution Manager End User License Agreement

Effective September 11, 2019

JEPPESEN SOFTWARE LICENSE AGREEMENT:PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. 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 SOFTWARE. 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 USING THIS SOFTWARE, LICENSEE AGREES TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. JEPPESEN RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT. THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS CAN BE REVIEWED BY CLICKING THE “HELP” FEATUREIN 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 SOFTWARE FOLLOWING THE DATE OF ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE
LICENSEE’S ACCEPTANCE OF THE TERMS AND CONDITIONS AS REVISED.

1.   OWNERSHIP. Jeppesen and/or its third party licensor, Smart Modular, is the owner or authorized licensor of the software (“Software”) and its associated documentation. Jeppesen and its licensors retain all rights,
title and interest in the copyrights, patents, trade secrets, trademarks and other intellectual property pertaining to the Software. The Software is licensed, not sold, to Licensee and Licensee agrees not to use the Software except in its intended
manner in accordance with the terms of this License Agreement.

2.   LICENSED USE AND RESTRICTIONS ON USE. Licensee may install the Software and any updates on an unlimited number of computers or computer networks for ground-based use ONLY and only for updating the data Licensee purchases from Jeppesen under
a separate data license (“Jeppesen Data”). Except as otherwise explicitly authorized herein, Licensee will not: (a) copy, reproduce, or publish the Software; (b) distribute copies of the Software or accompanying materials to others; (c)
modify, adapt, translate, reverse engineer, or decompile the Software or create derivative works based on the Software; (d) modify, adapt, translate, or create derivative works based on the printed, electronic, or written materials; (e) assign, rent,
lend, or sublease the Software; or (f) sell or transfer the Software.

3.   TERMINATION. This License Agreement will automatically terminate (a) upon termination, cancellation and/or non-renewal of Licensee’s Jeppesen Data subscription and/or (b) if Licensee fails to comply with or violates any provision of this
License Agreement or any applicable law.

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

5.   WARRANTY DISCLAIMER. To the maximum extent permitted by applicable law, the Software is provided “AS IS” and “AS AVAILABLE,” with all faults and without warranty of any kind. Jeppesen does not warrant that the functions contained
in the Software will be accurate or meet Licensee’s requirements, that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. No oral or written information, guidelines or advice
given by Jeppesen or its authorized representative will create a warranty.

6.   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 SOFTWARE PROVIDED HEREUNDER AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH SOFTWARE, 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, IN ANY WAY ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE THE SOFTWARE EXCEED THE GREATER OF (i) THE PURCHASE PRICE OF THE SOFTWARE LICENSE FOR THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD OR (ii) $100.00 USD.

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.

7.   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 of the Software 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.

8    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 Software or any products using such Software covered under this License Agreement to any country, or national thereof, prohibited from obtaining such Software,
either directly or indirectly through affiliates, licensees or subsidiaries of Licensee.

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 Software, the terms and conditions therewith are hereby rejected by Jeppesen and this License Agreement will govern and take precedence over
such purchase order.

 

(Version 25)

TO THE EXTENT YOU ARE USINGJEPPESEN® MOBILE APPLICATION(S): PLEASE READ THIS EULA CAREFULLY. IT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU (“LICENSEE” OR “YOU”) AND JEPPESEN SANDERSON, INC. (“JEPPESEN”)
FORTHE USE OF THIS APPLICATION (THE “APPLICATION”). 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.

JEPPESEN 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 THEN TO THE APPLICATION ICON, 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 Jeppesen and its licensors and is protected by copyright and other intellectual property laws and treaties. Jeppesen 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. For each license, You may install this Application on one mobile computing device. 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) assign, rent, lend, or sublease this Application; (f) sell or transfer this Application; or (g) 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.

USE OF MOBILE FLITEDECK, MOBILE FLITEDECK VFR, OR MOBILE TCBY AN AIRLINE/AIR CARRIER (NOT INCLUDING PART 135 CHARTER OPERATIONS) UNDER THIS EULA IS STRICTLY PROHIBITED.

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

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 AND THIS APPLICATION MAY NOT BE USED WHERE SUCH USE MIGHT INTERFERE WITH
THE SAFE OPERATION OF THE AIRCRAFT OR IS PROHIBITED BY APPLICABLE LAW.

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 JEPPESEN 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 JEPPESEN 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 JEPPESEN. 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 JEPPESEN MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO LOCATION DATA AND DISCLAIMS ANY AND ALL LIABILITY THEREFOR, 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.

D.   MOBILE FLITEDECK AND FLITEDECK PRO HAVE THE CAPABILITY TO DISPLAY AN OWNSHIP CURSOR ON TERMINAL CHARTS THAT ARE GEOREFERENCED.  HOWEVER, THE OWNSHIP CURSOR WILL NOT DISPLAY ON CHARTS THAT ARE NOT GEOREFERENCED SUCH AS SIDS/STARS
AND NON-GEOREFERENCED TERMINAL CHARTS. FURTHERMORE, THE OWNSHIP CURSOR WILL DISAPPEAR ON APPROACH CHARTS IF GPS ACCURACY BECOMES WORSE THAN 50 METERS AND WILL DISAPPEAR FROM AIRPORT CHARTS IF GPS ACCURACY BECOMES WORSE THAN 17 METERS.

E.   THE FOLLOWING DATA ELEMENTS ARE NOT PRESENT IN MOBILE FLITEDECK VFR: DISTANCE AND BEARING BETWEEN VORs, VERTICAL RUNWAY PROFILE BETWEEN THE RUNWAY THRESHOLDS AND RUNWAY INTERSECTION TAKE OFF DISTANCE.

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 Jeppesen for use of Jeppesen’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. JEPPESEN 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 JEPPESEN OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

7.   ACKNOWLEDGEMENT. If Jeppesen’s 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
JEPPESEN’S GARMIN G1000 TRAINING MATERIALS ARE SUPPLEMENTARY ONLY, AND IN NO WAY REPLACE YOUR OWN OBLIGATION TO BECOME FULLY TRAINED. JEPPESEN ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR FULLY AND COMPLETELY TRAINING YOU,
WHICH OBLIGATION RESTS SOLELY WITH YOU.

8.   LIMITATION OF LIABILITY.

A.   DISCLAIMER AND RELEASE. THE CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS, LIABILITIES AND WARRANTIES (IF ANY) OF JEPPESEN AND YOUR REMEDIES SET FORTH IN THIS EULA ARE EXCLUSIVE AND IN SUBSTITUTION FOR AND YOU HEREBY
WAIVE, RELEASE AND RENOUNCE ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS AND LIABILITIES OF JEPPESEN AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF YOU AGAINST JEPPESEN, EXPRESS OR IMPLIED, ARISING BY LAW, EQUITY
OR OTHERWISE, WITH RESPECT TO THE APPLICATION, THIS EULA, ANY INFORMATION SUPPLIED BY YOU, ANY THIRD PARTY INFORMATION USED IN OR WITH THE APPLICATION, AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY,
OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH APPLICATION INCLUDING BUT NOT LIMITED TO:

(i)   ANY IMPLIED WARRANTY AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS;

(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 EULA.

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,
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, so the above limitations or exclusions may not apply to You.

E.   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.

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
Jeppesen’s liability set forth in this Section will apply to the fullest extent permitted by law. If Jeppesen 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.

9.   INDEMNIFICATION. You 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 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 Jeppesen. Your obligations under this indemnity will survive the termination of this EULA.

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.

10.  EXPORT COMPLIANCE. You are responsible for Your 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. You will not attempt to, or knowingly export or re-export this Application or any products using such Application covered under this EULA to any country or national thereof prohibited from obtaining
such Application, either directly or indirectly.

11.  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.

12.  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 Jeppesen 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.

13.  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.

14.  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 Jeppesen and this EULA will govern and take precedence over
all other terms and conditions contained on or referenced by such purchase order.

15.  PRIVACY. Please refer to Jeppesen’s Privacy Policy on its website, which can be found at http://www.jeppesen.com/legal for information on how Jeppesen collects, uses and discloses personally identifiable information
from its users.

16. PASSWORD AND SECURITY.  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 Jeppesen has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete, Jeppesen 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 Jeppesen 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. Jeppesen 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.

17.  CHART CHECK. If You are abusiness aviation operator ofcompatible versions of JeppesenMobile FliteDeck (version 2.7 or later), some application-specific information, including the version and load date of Jeppesen electronic
charts loaded on your EFB device, will be sent automatically to Jeppesen by the Mobile FliteDeck application. Operators’ designated EFB system administrator may access a report including this data in a form and method designated
by Jeppesen (e.g. internet based access). Jeppesen may use this data for the purposes of improved support and services, including but not limited to product research and development, data analytics, and providing customer service.

WARNING: SUBSCRIBING TO CHART CHECK SERVICE DOES NOT REMOVE OR REDUCE YOUR RESPONSIBILITIES TO ENSURE THAT YOU OR YOUR AUTHORIZED USERS HAVE THE MOST CURRENT ELECTRONIC FILES PRIOR TO YOUR AND YOUR AUTHORIZED USERS’
USE OF SUCH INFORMATION, OR TO MONITOR FOR NOTICES AND ALERTS, AS MORE FULLY DESCRIBED IN THE APPLICABLE AGREEMENT FOR SUCH ELECTRONIC CHARTS OR DATA.

18.  THIRD PARTY TERMS AND CONDITIONS.

A.   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 JEPPESEN CHARTING DATA.

B.   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 Jeppesen, 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 Jeppesen. However, You understand and agree that in accordance with the EULA, Jeppesen 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 Jeppesen, Jeppesen, 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 Jeppesen: Jeppesen Sanderson, Inc., 55 Inverness Drive East, Englewood, Colorado, USA 80112.

C.   ASPEN. THIS APPLICATION MAY BEAR THE CONNECTED PANEL ENABLEDTMDESIGNATION, 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 PANELTM. ASPEN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIS APPLICATION INCLUDING (WITHOUT LIMITATION) ITS QUALITY, RELIABILITY, SUITABILITY, MERCHANTABILITY,
OR FITNESS FOR ANY PARTICULAR PURPOSE.

D.   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.

E.   THIRD PARTY PAYMENT PROCESSOR.  If Youprovide card payment information, You represent and warrant that the information is accurate, that You are authorized to use the payment method provided, and that You will
notify Jeppesen of changes to the payment information. Jeppesen reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

Jeppesen uses a third party service provider to process credit and debit card transactions related to certain Applications (“Third Party Payment Processor”). By making use these payment services on Jeppesen’s Application
You agree to be bound by Third Party Payment Processor’s terms and conditions.

You expressly understand and agree that (i) all payments and monetary transactions are handled by the Third Party Payment Processor; (ii) You are responsible for all transactions processed through the Third Party Payment Processor; and
(iii) Jeppesen will not be liable for any loss or damage from erroneous or invalid transactions that occur through Your use of the Third Party Payment Processor or transactions that were not processed due to a network communication
error, or any other reason whatsoever. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.

REFUNDS. Neither Jeppesen nor the Third Party Payment Processor will issue any refund in connection with credit or debit card transactions rendered through this Application.

 

Effective September 11, 2019

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” FEATUREIN
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 LIMTED 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®

“NavData” means electronic flight navigation data compiled by Jeppesen in an electronic database, based on information from government sources, other publicly available sources, and/or information and data supplied by licensees, which may upon request of Licensee also contain Tailored Data. NavData may not contain data on all aviation facilities, fixes, routes and other items of aeronautical interest in the world.

“Tailored Data” means data records that are based on information and/or data supplied by Licensee or by any third party on instruction of Licensee or with knowledge of Licensee (“Licensee-Supplied Data”).

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 NOTcontain
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.   Jeppesen has no responsibility for (a) the functionality of the avionics manufacturer’s PSP or flight navigation system; (b) the accurate translation, reproduction, reformatting and system utilization of Jeppesen
NavData performed by the avionics manufacturer including, but not limited to, processing by the avionics manufacturer’s PSP and flight navigation system; (c) for any third party data provided by the avionics manufacturer
and included in the Data.

C.   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.

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

16.DISCLAIMER. JEPPESEN SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR:

(i)   THE FUNCTIONALITY OF THE AVIONICS SYSTEM, THE PSP AND ALL OTHER TOOLS UTILIZED TO REFORMAT AND INTEGRATE THE NAVDATA INTO THE AVIONICS SYSTEM; AND

(ii)  THE ACCURATE TRANSLATION, REPRODUCTION, AND REFORMATTING OF NAVDATA BY THE AVIONICS SYSTEM, THE PSP AND ALL OTHER TOOLS;

(iii)THE MANNER IN WHICH THE AVIONICS SYSTEM UTILIZES AND DISPLAYS THE NAVDATA;

(iv)ANY TAILORED DATA; AND 

(v)  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, LICENSEE 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.

19.  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.

19. LICENSEE-SUPPLIED DATA.  

A.Licensee represents and warrants that (i) it is the owner of or is authorized to provide Licensee-Supplied Data and all information provided by Licensee to be stored, transmitted, processed and/or retrieved in, to or by
the System (altogether “Licensee Data”) and (ii) the Licensee Data will not contain (a) controlled data requiring any domestic or foreign export or other license; (b) classified information
or information deemed to be secret or highly sensitive such that it requires restricted access; (c) information deemed to be state secret; (d) malware or other limiting, disabling or debilitating design, instruction, or routine
intended to disrupt, disable, harm, interfere with or otherwise adversely affect any software, hardware, or operation of any system; (e) any content which violates any applicable law or Jeppesen’s Acceptable Use Policy
(which can be found on Jeppesen’s Web site); or (f) any content that infringes the intellectual property rights of any third party. Jeppesen may disclose Licensee Data if required to be disclosed under order of a court
of competent jurisdiction, a valid administrative or congressional subpoena, law, rule, regulation (including any securities exchange regulation), or other governmental action.

B. In the event Licensee becomes aware that any Licensee Data provided to Jeppesen is in breach of the representations and warranties set forth in subsection 19.A, Licensee will notify Jeppesen immediately, in writing, to the extent
permitted by law and immediately cease use of Licensee Data until Licensee has obtained all licenses, approvals and consents necessary to permit Jeppesen to fully and lawfully administer the Tailored Data containing such Licensee
Data.

C. Licensee acknowledges that employees of Jeppesen and its affiliates in the United States and other countries may have access to Licensee Data in order to support Licensee.

D. In addition to Licensee’s obligation of indemnification set forth in the “General Terms” section, Licensee, at its expense, will indemnify, defend and hold harmless Jeppesen and its parent company,
their respective parents and affiliates and the assignees of each, and their respective directors, officers, employees, licensors, contractors, subcontractors and agents from any and all claims and liabilities (including
claims by third parties), and costs and expenses (including attorneys’ fees) arising out of or in any way relating to (i) Licensee Data, including but not limited to any claims 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, and (ii) Licensee’s breach of its representations and warranties set
forth in subsection 19.A above, and (iii) any claim that use of the Licensee Data included in the NavData services infringes the intellectual property rights of a third party.

E.  Upon Licensee’s initial request for Tailored Data, Licensee will be required to complete and submit certain online form(s).  Upon Jeppesen review of the information submitted, Jeppesen will assess whether Licensee
Data can be used to create Tailored Data and provide to Licensee. After formal confirmation that Jeppesen can provide the Tailored Data services, Jeppesen will inform Licensee and will provide a tentative date of when the Tailored
Data will first be delivered to Licensee.  Licensee is solely responsible to ensure that it has executed the appropriate agreement(s) necessary with any third-party, as applicable (e.g. avionics manufacturer).

F.  Licensee grants to Jeppesen, its affiliates and the avionics manufacturer a limited, non-exclusive, non-sublicensable, non-transferable license to capture, copy, store, transmit, maintain, access and display the Licensee
Data to provide and support the NavData services or other Jeppesen or affiliate products or services which Licensee receives, and to evaluate Licensee’s use of products or services. Licensee further authorizes Jeppesen
to use and disclose Licensee Data as Jeppesen determines to be reasonably necessary to (a) support Licensee’s fleet, (b) address safety of flight concerns, (c) comply with legal requirements and processes, and (d) comply
with regulatory commitments and requirements.

G. JEPPESEN HEREBY DISCLAIMS ANY AND ALL OBLIGATION OR LIABILITY, WHETHER ARISING IN LAW, EQUITY, CONTRACT, TORT OR OTHERWISE FOR ANY ACTIONS TAKEN BY OR ON BEHALF OF ANY GOVERNMENTAL OR JUDICIAL AUTHORITY (COLLECTIVELY REFERRED TO AS “GOVERNMENT AUTHORITIES”) FOR (I) ANY LICENSEE DATA AT REST OR IN TRANSIT THAT MAY BE VIEWED, IMPAIRED, MODIFIED, BLOCKED, SEIZED, COPIED, TRACKED, ACCESSED, DISRUPTED OR DISABLED FOR ANY REASON BY THE GOVERNMENT AUTHORITY OR ANY ENTITY ACTING ON BEHALF OF OR AT THE DIRECTION OF A GOVERNMENT AUTHORITY; AND (II) ANY REQUEST OR REQUIREMENT BY A GOVERNMENT AUTHORITY THAT MAY RESULT IN AN INABILITY OR RESTRICTION IN LICENSEE’S ABILITY TO ACCESS THE TAILORED NAVDATA OR VIEW, ACCESS AND RETAIN LICENSEE DATA.

H. Licensee is solely responsible for the design, adequacy, accuracy, reliability, safety, conformance with government standards or regulations, and content of the Licensee-Supplied Data and the Tailored Data, including fitness
for its intended purpose.

I. Jeppesen will perform an assessment to determine whether any Licensee Data can be coded and included as part of the services as Tailored Data. If Jeppesen in its sole discretion determines that (i) the Licensee Data is for whatever
reasons not compatible with Jeppesen’s NavData, or (ii) that Jeppesen cannot code or include Licensee Data or parts thereof as requested by Licensee, then Jeppesen will inform Customer accordingly.

J. Licensee is responsible for checking and validating that any Tailored Data correctly reflects the Licensee Data provided to Jeppesen. Licensee is responsible to provide Jeppesen with all required revisions to its Licensee
Data. Revisions to Licensee Data will be submitted by Customer to Jeppesen at the earliest possible date but no later than 27 days prior to the next AIRAC effective date in order to ensure adequate time for input into the NavData
services. Jeppesen will use its commercially reasonable efforts to include all revisions to Licensee Data in one of the next AIRAC Cycles following receipt of the written revision request. If Jeppesen is unable to include any
of Licensee’s requested revisions to Licensee Data in the next AIRAC Cycle(s) following receipt of the written revision request, Jeppesen will use commercially reasonable efforts to inform Licensee of such deferral.

ADDITIONAL TERMS FOR USE OF JEPPESEN CHARTS

20. 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.

21. 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.

22. 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

23.  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.

24. ACKNOWLEDGEMENT. Licensee acknowledges, agrees and understands that (a) the Other Jeppesen Data are NOT to be used for navigationbut 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/loato access Jeppesen LOA information and documentation.

25. 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, and Airport Directory, Basemap 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.