SHOP PRODUCTS AND SERVICES SOLUTIONS BY MARKET COMPANY CUSTOMER SUPPORT PAY INVOICE HOME / LEGAL / TERMS OF USE Date of Last Revision: February 12, 2021 PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR SERVICES (AS DEFINED HEREIN), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ANY TERMS AND AGREEMENTS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE SERVICES. These terms of use (“Terms of Use”) apply to your access to, and use of, the web sites operated by Boeing Digital Solutions, Inc., d/b/a Jeppesen, its parent or any of its subsidiaries or affiliates (“Jeppesen”) that link to these Terms of Use, including without limitation shop.jeppesen.com, www.boeing.com, www.jeppesen.com and (the “Sites”), and the features, products and services available through or provided in connection with the Sites (the “Services”). These Terms of Use apply in addition to the terms or conditions of any other agreement, including any product license agreement between you and Jeppesen for products, Services or other items available on the Sites, (“Product Agreement”), but such Product Agreement will take precedence over these Terms of Use in the event of a conflict. If you are using the Sites or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf. To use the Services, you must be at least 18 years old and competent to enter into a contract. If you are under the age of 18, you may only use the Services with approval of a parent or guardian. Jeppesen reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. Jeppesen will indicate at the top of the Terms of Use the date such document was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you expressly agree to waive any notice of such changes. Your continued use of the Sites or Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you agree to review the Terms of Use and applicable policies whenever you use the Sites or the Services in order to determine whether such terms have changed and to understand the terms and conditions that apply to your use of the Sites and the Services. If you do not agree to the amended terms, you must stop using the Sites and the Services. Your use of the Sites and use or purchase of certain Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. Jeppesen reserves the right to change, cancel or delete any and all content contained in the Sites (including User Content) and any Services offered through the Sites at any time without notice. This includes without limitation any flight logs, travel plans or other travel-related information. It is solely your responsibility to make backup copies of any such information. QUESTIONS AND CONTACT INFORMATION If you have any questions regarding the use of the Sites, please refer first to the Frequently Asked Questions. For all other questions or comments about the Sites or its contents please Contact Us. 1. PRIVACY STATEMENT Please refer to Boeing’s Privacy Statement. for information on how we collect, uses and discloses personally identifiable information from its users. 2. TERMS AND CONDITIONS OF PURCHASE All purchases of products and services that are made through the Sites are governed by Jeppesen’s Terms and Conditions of Purchase, and by ordering products or services from Jeppesen through the Sites, you agree to be bound by and accept such Terms and Conditions of Purchase. The Terms and Conditions of Purchase are subject to change at any time without prior notice, in Jeppesen’s sole discretion, so you should review the Terms and Conditions of Purchase each time you make a purchase. 3. ELECTRONIC PRODUCTS AND SERVICES Once you download an item from the Sites, it is your responsibility not to lose, destroy, or damage it; and to back up your electronic files. Some electronic content may be large, and significant data charges may result from delivery of such content over a data connection. All data charges from your Internet provider or data carrier are your responsibility. Certain electronic products and services require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You agree that meeting these requirements, which may change from time to time, is your responsibility. 4. THIRD PARTY CONTENT AND APPLICATIONS Jeppesen may provide third-party content and links to Web pages, Web sites and content of third parties (the “Third Party Content”) and may make third party software applications (such as Google MapsTM) available to users (the “Third Party Applications”) as a service to its users. Reference to any third-party content, products or services, does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Jeppesen unless expressly stated. Jeppesen does not monitor or have any control over, and is not responsible or liable for, any Third Party Content or Third Party Applications. Third Party Content and Third Party Applications are provided “AS-IS,” and Jeppesen does not endorse or sponsor any Third Party Content or Third Party Applications. JEPPESEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO SUCH THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LEGALITY OR SAFETY THEREOF. USERS USE THE THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS CONTAINED THEREIN AT THEIR OWN RISK. 5. COPYRIGHT AND LIMITED LICENSE; LICENSE RESTRICTIONS Unless otherwise indicated, the Sites and all content and other materials on the Sites or available through the Services, including, without limitation, the Jeppesen logo, and all designs, text, graphics, pictures, news, forecasts, information, data, software, video, sound files, and other content and files, and the selection and arrangement thereof (collectively, the “Site Materials”), are the proprietary property of Jeppesen or its licensors and are protected by U.S. and international copyright laws. UNLESS EXPRESSLY STATED TO THE CONTRARY IN A PRODUCT AGREEMENT, THE SERVICES OFFERED THROUGH THIS SITE ARE NOT FOR USE BY AIRLINES, AIR CARGO CARRIERS, OR GOVERNMENT OR MILILTARY ENTITIES AND ANY SUCH USE IS STRICTLY PROHIBITED. You are granted a non-sublicensable, non-transferable, non-exclusive, license to access and use the Sites, the Services and the Site Materials for your non-commercial and personal internal use only. This license is revocable at any time. You may not (a) sell, transfer, assign, rent, lend, distribute or sublease the Services or the Site Materials; (b) collect and use any data or product listings, pictures or descriptions; (c) distribute, publicly perform or publicly display the Site Materials or Services, (d) modify, adapt, translate, or create derivative works based on the Services, Sites and the Site Materials, or any portion thereof; including reverse engineering or decompiling any software, (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; (g) use the Services or Third Party Applications except in accordance with any applicable Product Agreement; (h) copy, reproduce, or publish the Sites or Site Materials, or (i) use the Sites, the Site Materials or the Services other than for its intended purpose. Any use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the prior written permission of Jeppesen, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Except as explicitly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. 6. REPEAT INFRINGER POLICY In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Jeppesen has adopted a policy of terminating, in appropriate circumstances and at Jeppesen’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Jeppesen may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 7. COPYRIGHT COMPLAINTS If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with Jeppesen’s Designated Agent as set forth below. Name of Agent Designated to Receive Notification of Claimed Infringement: Christina Allyn Full Address of Designated Agent to Which Notification Should be Sent: Boeing Digital Solutions, Inc. 55 Inverness Drive East Englewood, CO 80112 Telephone Number of Designated Agent: 303-799-9090 Facsimile Number of Designated Agent: 303-328-4163 E-Mail Address of Designated Agent: dmca@jeppesen.com 8. TRADEMARKS You may not copy, imitate or use, in whole or in part, without the prior written permission of Jeppesen or the applicable trademark holder, any trademark or service mark of Jeppesen or its licensors, including without limitation any logos, product or service name or slogan contained in the Sites. Information on Jeppesen marks can be found here. You may not use any metatags or any other “hidden text” utilizing “Jeppesen” or any other name, trademark or product or service name of Jeppesen without Jeppesen’s prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Jeppesen and its licensors and may not be copied, imitated or used, in whole or in part, without Jeppesen’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Jeppesen. 9. HYPERLINKS You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such link does not portray Jeppesen or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, gratuitously violent, illegal or otherwise objectionable. This limited right may be revoked at any time. You may not use a Jeppesen logo or other proprietary graphic of Jeppesen to link to the Sites without the express written permission of Jeppesen. Further, you may not use, frame or utilize framing techniques to enclose any Jeppesen trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Jeppesen’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Jeppesen or any third party. Jeppesen makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites or of Web sites linking to the Sites. Such sites are not under the control of Jeppesen and Jeppesen is not responsible for third-party content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Jeppesen provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Jeppesen of any site or any information contained therein. When you leave the Sites, you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate. See the User Content and Conduct Section below as well as Boeing’s Privacy Statement for additional information. 10. ADVERTISEMENTS AND PROMOTIONS Jeppesen may run advertisements and promotions from third parties on the Sites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Jeppesen, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Jeppesen is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Sites. 11. SUBMISSIONS You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, photographs, postings, original or creative materials or other information, regarding the Sites or the Services that are provided by you in the form of email or other submissions to Jeppesen (the “Submissions”) are non-confidential and will become the sole property of Jeppesen. You hereby assign all of your rights, title and interest in and to such Submissions, including all intellectual property rights therein, to Jeppesen, and Jeppesen is entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 12. USER CONTENT AND CONDUCT The Sites may include interactive areas or services (“Interactive Areas”), such as personal profile pages, user-to-user messaging features, rating tools, forums, product reviews, chat rooms, message boards, and other areas or services in which you or third parties create, send, post, share or store content, data, information, messages, text, music, sound, photos, video, graphics, applications, code or other materials or other items on or through the Sites (“User Content”). For purposes of this Section, Interactive Areas also include Jeppesen pages created on third-party Web sites such as Facebook or YouTube, provided, however, that your use of such third-party sites may also be subject to the terms and policies of such third-parties. a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise violate any local, state, national or international law, rule, or regulation, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange; c. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content; d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; e. Unsolicited promotions, political campaigning, advertising or solicitations; f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; g. Viruses, corrupted data or other harmful, disruptive or destructive files; h. User Content that, in the sole judgment of Jeppesen, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Jeppesen or its users to any harm or liability of any type; i. Classified or sensitive military or government or other information of any jurisdiction; j. User Content that encourages or glorifies any reckless, irresponsible, or illegal activity or behavior; and k. User Content that, in its creation, involved any heightened risk of physical injury or harm to the creator of such User Content or any other person, or to any property or that involved any reckless, irresponsible, or illegal activity or behavior on the part of the creator of such User Content. Without limiting any of the foregoing, you also agree to abide by Jeppesen’s Acceptable Use Policy that provides further information regarding acceptable conduct on the Sites and any Interactive Areas. You understand and agree that the Acceptable Use Policy is subject to change by Jeppesen at any time by posting an updated policy on the Sites. Jeppesen will indicate at the top of the Acceptable Use Policy the date such document was last updated, and any changes will be effective immediately upon posting of the revisions on the Sites. YOUR USE OF THE SITES, SERVICES, AND INTERACTIVE AREAS ARE AT YOUR OWN RISK. JEPPESEN IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR USER CONTENT PROVIDED BY ITS USERS OR FOR THE CONDUCT OF ITS USERS, NOR IS JEPPESEN LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER. While Jeppesen may offer features that are designed to enable you to make aspects of the information or materials in your personal profile or your other User Content non-public, no system or security measure is perfect or impenetrable, and Jeppesen is not liable for any inadvertent disclosure, public display or distribution of such User Content despite your election to make such User Content private. Therefore, you should not post any confidential, classified or otherwise sensitive User Content that you would not feel comfortable having made public. As a provider of interactive services, Jeppesen is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Jeppesen has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Jeppesen reserves the right, and has absolute discretion, to screen, edit or monitor any User Content posted or stored on the Sites and Interactive Areas within our control at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites and Interactive Areas at your sole cost and expense. Jeppesen may also use a third party to perform such screening, editing or monitoring. Any use of the Interactive Areas, Sites or the Services in violation of these Terms of Use may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites or Services. If you post User Content to the Sites or Interactive Areas, you grant Jeppesen a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, as well as the right to use the name that you submit in connection with such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. 13. REGISTRATION AND REGISTRATION DATA; ACCOUNT SECURITY To access the Services on the Sites, you must register. You agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”) and to maintain the security of your password and identification. You further agree to maintain and promptly update the Registration Data, and any other information you provide to Jeppesen, to keep it accurate, current and complete. You accept all risks of unauthorized access to the Registration Data and any other information you provide to Jeppesen. Jeppesen reserves the right to refuse registration, or to refuse or limit access to the Sites and the Services, to anyone in its sole discretion for any reason or no reason. You are entirely responsible for any and all activities that occur under your account. You agree to notify Jeppesen immediately of any unauthorized use of your account or any other breach of security. Jeppesen will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, or someone’s otherwise unauthorized use of your account and/or account information. You may not use anyone else’s account at any time. Certain information may be requested from you through the Sites specifically in connection with Jeppesen’s provision of certain Services to you, including but not limited to, fleet composition, operations schedules, and operational parameters. By submitting such information, you grant Jeppesen the right to use such information in support of its provision of the Services. You agree to provide accurate, current and complete information and Jeppesen disclaims all responsibility for claims arising from the information supplied by you. Such information remains the property of its owner. 14. 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 government of the United States and, if applicable, other countries. You will not attempt to, or knowingly export or re-export any of the Site Materials or Services or products using the Site Materials or Services to any country, or national thereof, prohibited from obtaining such Site Materials and Services, either directly or indirectly through your affiliates, licensees or subsidiaries. 15. INDEMNIFICATION You will indemnify and hold harmless Jeppesen, its licensors, contractors, subcontractors, agents, service providers, and consultants, 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 but not employees of Jeppesen, or for loss of or damage to any property, including without limitation any vessel or aircraft, arising out of or in any way relating to: (i) your use of or inability to use the Sites or the Services; including without limitation claims relating to any allegation that you or your personnel have not been properly or adequately trained; (ii) any User Content you create, post, store or transmit on or through the Sites; (iii) your interaction with other users: or (iv) any other things provided to or accessed by you via the Sites; whether or not arising in strict liability or tort or occasioned by the negligence of Jeppesen. For purposes of this Section, the term “Jeppesen” means (i) Jeppesen, (ii) The Boeing Company, (iii) their respective parents, subsidiaries, and affiliates, (iv) the assignees of each, and (v) their respective directors, officers, contractors, licensors, subcontractors, employees and agents. Your obligations under this indemnity will survive the termination or cancellation of your account or of your use of the Sites or Services. 16. ACKNOWLEDGEMENTS SPECIFIC TO CERTAIN SERVICES AVAILABLE ON THE SITES 16.1. Chart Services Jeppesen’s chart services (the “Chart Services”) have been developed to provide current information in the condensed form required for modern air navigation under instrument and visual flight conditions. Information contained in the copyrighted Chart Services is independently available from publications of the appropriate governing authority and other third parties. The Chart Services 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 Chart Services should also be thoroughly familiar with the Introduction and Legend materials included within the Chart Services. To obtain a copy of the Introduction and Legend materials, please contact Jeppesen at support@jeppesen.com. 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. The Chart Services contain a wide variety of information useful to pilots that Jeppesen has obtained from many outside sources, including customers. Jeppesen has edited this source material, and has arranged and published it in a convenient, easy-to-use format. WARNING: THE ELECTRONIC FILES AND PAPER CHARTS ARE VALID AS OF THE DATE THEY ARE PRINTED OR DOWNLOADED FROM JEPPESEN’S SECURE WEBSITE BY YOU OR YOUR AUTHORIZED USERS. IT IS THEREAFTER THE RESPONSIBILITY OF YOU OR YOUR AUTHORIZED USERS TO ENSURE THAT YOU OR YOUR AUTHORIZED USERS HAVE THE MOST CURRENT ELECTRONIC FILES AND PAPER CHARTS PRIOR TO YOUR AND YOUR AUTHORIZED USERS’ USE OF SUCH INFORMATION. YOU AND YOUR AUTHORIZED USERS CAN MAKE SUCH VERIFICATION BY CHECKING FOR ANY UPDATES TO THE INFORMATION ON JEPPESEN’S SECURE WEBSITE AND/OR WWW.JEPPESEN.COM. WARNING: EACH AIRPORT QUALIFICATION AND FAMILIARIZATION CHART CONTAINS A LEGEND DEPICTING A SCALE WITH A DEFINED MEASUREMENT (E.G., 1 INCH = 5 MILES). IF YOU AND/OR YOUR AUTHORIZED USERS RESIZE OR ZOOM THE AIRPORT QUALIFICATION AND FAMILIARIZATION CHART, THE DEFINED MEASUREMENT MAY BE RENDERED INACCURATE. ACCORDINGLY, YOU AND YOUR AUTHORIZED USERS SHOULD NOT RELY ON THE DEFINED MEASUREMENT IF YOU AND/OR YOUR AUTHORIZED USERS RESIZE OR ZOOM THE AIRPORT QUALIFICATION AND FAMILIARIZATION CHART. WARNING: CHART RELATED ALERTS AND NOTICES (“ALERTS”) ARE PUBLISHED ON JEPPESEN’S NOTICES AND ALERTS WEBPAGE WHICH IS ACCESSED VIA WWW.JEPPESEN.COM. CHANGES MAY OCCUR AT ANY TIME AND YOU AGREE TO REGULARLY MONITOR JEPPESEN’S NOTICES AND ALERTS WEBPAGE AS APPROPRIATE FOR YOUR TYPE OF OPERATION. 16.2. NavData® Aviation Navigation Information (“NavData”) Jeppesen’s NavData has been developed to meet the need for current aviation information in a computer compatible form required for (i) air navigation equipment used under instrument and visual flight conditions and (ii) 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 (i) 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 (ii) 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 you 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. You acknowledge and agree that: • You are the “end-user” of NavData, 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.” • Jeppesen has no responsibility for (i) the functionality of the avionics manufacturer’s packing software program (“PSP”) or flight navigation system; (ii) the accurate translation, reproduction, reformatting and system utilization of NavData performed by the avionics manufacturer including, but not limited to, processing by the avionics manufacturer’s PSP and flight navigation system; (iii) for any third party data provided by the avionics manufacturer and included in NavData. • You 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 NavData, and will confirm that the database information you select in the system is the database information you intend to select. JEPPESEN SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR: • THE FUNCTIONALITY OF THE AVIONICS SYSTEM, THE PSP AND ALL OTHER TOOLS UTILIZED TO REFORMAT AND INTEGRATE NAVDATA INTO THE AVIONICS SYSTEM; AND • THE ACCURATE TRANSLATION, REPRODUCTION, AND REFORMATTING OF NAVDATA BY THE AVIONICS SYSTEM, THE PSP AND ALL OTHER TOOLS. • THE MANNER IN WHICH THE AVIONICS SYSTEM UTILIZES AND DISPLAYS NAVDATA. WARNING: NAVDATA RELATED ALERTS AND NOTICES (“ALERTS”) ARE PUBLISHED ON JEPPESEN’S NOTICES AND ALERTS WEBPAGE WHICH IS ACCESSED VIA WWW.JEPPESEN.COM. CHANGES MAY OCCUR AT ANY TIME AND YOU AGREE TO REGULARLY MONITOR THE NOTICES AND ALERTS WEBPAGE AS APPROPRIATE FOR YOUR TYPE OF OPERATION. 16.3. Jeppesen Obstacle, Cultural, Airport Moving Map, Terrain and Other Data YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT (i) JEPPESEN’S OBSTACLE DATA, CULTURAL DATA, AIRPORT MOVING MAP DATA, AND TERRAIN DATA, AMONG OTHER DATA TYPES (COLLECTIVELY “OTHER JEPPESEN DATA”) ARE NOT TO BE USED FOR NAVIGATION, BUT ARE FOR SITUATIONAL AND/OR POSITIONAL AWARENESS ONLY; AND (ii) SUCH OTHER JEPPESEN DATA MAY NOT BE UPDATED ON A REGULAR BASIS; AND (iii) YOU ASSUME TOTAL RESPONSIBILITY TO ENSURE YOU ARE USING THE MOST CURRENT DATA AVAILABLE AT ANY GIVEN TIME. 16.4. Flight Planning Services YOU UNDERSTAND AND AGREE THAT ANY SERVICE PROVIDED HEREIN IS INTENDED TO BE PURELY ADVISORY IN NATURE; THAT IT INCORPORATES INFORMATION FURNISHED BY YOU AND THIRD PARTIES OVER WHICH JEPPESEN HAS NO CONTROL; AND THAT IN NO CASE IS IT INTENDED THAT ANY INFORMATION SUPPLIED BY JEPPESEN, WHETHER OR NOT OF ITS OWN CREATION, BE SUBSTITUTED FOR YOUR OWN BEST JUDGEMENT IN ANY GIVEN SITUATION. 16.5. Training Products and Services YOU UNDERSTAND AND AGREE THAT JEPPESEN’S TRAINING PRODUCTS AND SERVICES INCLUDING BUT NOT LIMITED TO SOFTWARE, VIDEO, AUDIO, AND DVD PRODUCTS, ONLINE TRAINING, TEXTBOOKS AND ELECTRONIC BOOKS (COLLECTIVELY “TRAINING PRODUCTS AND SERVICES”) ARE SUPPLEMENTARY ONLY, AND IN NO WAY REPLACE YOUR OWN OBLIGATION TO BECOME FULLY TRAINED; OR TO TRAIN YOUR PILOTS AND OTHER FLIGHT OPERATIONS PERSONNEL. JEPPESEN MAKES NO GUARANTEE FOR (I) PLACEMENT FOLLOWING TRAINING, (II) CREDIT TRANSFER, (III) ANY CERTIFICATION AND/OR (IV) ANY LICENSE ISSUANCE. 17. WARRANTIES AND DISCLAIMER OF WARRANTIES 17.1. LIMITED WARRANTY FOR THE CHART SERVICES. JEPPESEN EXPRESSLY WARRANTS FOR YOUR SOLE BENEFIT 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 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 CHARTS. JEPPESEN WILL, AT ITS OPTION, REPAIR OR REPLACE THE CHART, OR REFUND THE MONEY PAID FOR THE CHART, WHICH FAILS TO MEET THIS WARRANTY. THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. 17.2. LIMITED WARRANTY FOR NAVDATA. JEPPESEN EXPRESSLY WARRANTS FOR YOUR SOLE BENEFIT 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 YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. 17.3. NO WARRANTY FOR OTHER JEPPESEN DATA. JEPPESEN’S OBSTACLE DATA, CULTURAL DATA, AIRPORT MOVING MAP TERRAIN DATA AND OTHER DATA (“OTHER JEPPESEN DATA”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. 17.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THE SITES OR IN A PRODUCT AGREEMENT BY JEPPESEN, THE SITES, THE SITE MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, JEPPESEN DOES NOT WARRANT THAT THE SITES, THE SERVICES OR THE SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY JEPPESEN OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY ELECTRONIC PRODUCTS PURCHASED OR DOWNLOADED FROM THE SITES. JEPPESEN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. 18. LIMITATION OF LIABILITY 18.1. DISCLAIMER AND RELEASE THE CONDITIONS, REPRESENTATIONS, OBLIGATIONS, LIABILITIES AND WARRANTIES (IF ANY) OF JEPPESEN AND YOUR REMEDIES SET FORTH IN THESE TERMS OF USE ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND YOU HEREBY WAIVE, RELEASE AND RENOUNCE, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES AGAINST JEPPESEN, EXPRESS, OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SITES, THE SERVICES, THE SITE MATERIALS (INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS), ANY INFORMATION SUPPLIED BY YOU, AND THE RESULTS OBTAINED FROM ANY OF THE FOREGOING, AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH SERVICES OR OTHER THINGS PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO: A. ANY IMPLIED WARRANTY AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS; B. ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, C. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING IN STRICT LIABILITY OR IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JEPPESEN, AND D. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY OF YOUR PROPERTY, INCLUDING WITHOUT LIMITATION ANY AIRCRAFT OR VESSEL. 18.2. EXCLUSION OF DAMAGES TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL JEPPESEN BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, BREACH OF WARRANTY, TORT [INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED], STRICT LIABILITY OR OTHERWISE) AND EVEN IF JEPPESEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR: A. LOSS OF PROFITS; B. LOSS OR REPRODUCTION OR RECOVERY OF DATA OR INFORMATION; C. BUSINESS INTERRUPTION; D. YOUR INTERACTIONS WITH OTHER USERS OR THE ACTIONS OF ANY THIRD PARTIES WHO MAY ACCESS THE SITES OR USE THE SERVICES; E. THE USE OR INABILITY TO USETHE SITES OR THE SERVICES; F. THE USER CONTENT OR THE OTHER SITES MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES; G. RELIANCE BY YOU OR ANOTHER USER ON ANY SERVICES OR INFORMATION OBTAINED FROM JEPPESEN; H. MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF PROFILES OR MESSAGES, I. YOUR PARTICIPATION IN TRAINING COURSES; J. FAILURES TO PROVIDE OR ERRORS OR OMISSIONS IN ANY REQUESTED FLIGHT PLANNING OR OTHER NOTICES OR SERVICES; K. CHANGES TO OR DELETION OF FLIGHT LOGS OR OTHER DATA YOU RECORD ON THE SITES; L. ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JEPPESEN’S RECORDS, PROGRAMS OR SERVICES; OR M. ANY OTHER DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR ANY OTHER DAMAGES OF ANY KIND. 18.3. LIMITATION OF LIABILITY IN NO EVENT WILL JEPPESEN’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE THE SITES OR SERVICES EXCEED THE GREATER OF (i) THE PURCHASE PRICE, IF ANY, FOR ACCESS TO THE SITES OR SERVICES, 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. 18.4. 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. 18.5. 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, these Terms of Use will be read and construed subject to such provisions of law. 18.6. For the purpose of this Limitation of Liability Section, the term “Jeppesen” means (i) Jeppesen, (ii) The Boeing Company, (iii) their respective parents, subsidiaries, and affiliates, (iv) the assignees of each, and (v) their respective directors, officers, contractors, licensors, subcontractors, employees and agents. 19. GOVERNING LAW AND VENUE These Terms of Use 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. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state or federal courts located in the City and County of Denver, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use. 20. TERMINATION Notwithstanding any of these Terms of Use, Jeppesen reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites or Services, and to block or prevent future your access to and use of the Sites or Services. 21. SEVERABILITY If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. 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