Navigraph menu Get Started Navigraph Terms of Service Revision date: 21 June 2021 Navigraph KB, corp. reg. no. 969697-0640, a company in Sweden ("Navigraph", "us", "we"), provides charts, navigational data, and flight planning services which are transferred over the Internet to computers, tablets, and other devices ("Device(s)") for Game-based Learning (as defined in section 3.3 below) in, and in conjunction with, Personal Computer Flight Simulator Software (as defined in section 3.4 below). These Terms of Service ("Terms") describe your usage of our Services. In these Terms, the word "Services" means both (i) the subscription service provided by Navigraph for you to access charts and navigational data (the "Data") and (ii) the flight planning service (the "SimBrief Service"), including all properties, functions, websites, user interfaces, content and software connected to our Services. The Services are provided, or may be accessed from, any of Navigraph’s websites navigraph.com and simbrief.com (collectively, the “Websites”). 1. Account 1.1. Account Registration and the Services You must register an account (“Account”) to use the Services. Certain parts of the Services are accessible immediately upon registering an Account, namely limited access to the Data, certain functionality, and the SimBrief Services (the “Free Services”). However, in order to gain full access to the Services, including all functionality related thereto, you need a valid subscription as set out in section 2 below (“Subscription”). 1.2. Personal Account Your Account is personal and must not be used by anyone but yourself. Further, you may only register an Account as a natural person, and not in the name of a business, organization, association, any other form of legal entity or similar. 1.3. Account Responsibility You are responsible and liable for all activities conducted through your Account, even if these activities occur without your knowledge or permission. Therefore you must keep your username and password confidential and change your password if you suspect that it has been compromised. In the event you suspect that someone has gained unauthorized access to your account, you shall inform Navigraph hereof by sending an email to contact@navigraph.com. 1.4. Minimum Age We want to protect minors and ask all our users to act responsibly. Therefore you must be at least 18 years old to register an Account. If you are younger, however not younger than 13 years old, you may still register an Account but only with the permission of your legal guardian. 1.5. Updated Email Address It is important that we can reach you with information relating to your Account or Subscription. Therefore we must ask you to keep your email address and newsletter preferences up to date. 1.6. Account Cancellation You can cancel your Account at any time via your account management interface on the Website. You will be asked to unsubscribe from any Subscription, and you will no longer have access to any part of the Service. We reserve the right to retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements however (subject to any legal or regulatory limitations), we will delete your information to the extent and within the time frame detailed in the Privacy Policy available on the Websites. 1.7. Account Termination and Suspension In the event (i) you violate these Terms, (ii) Navigraph reasonably suspects that you have violated these Terms or (iii) someone has gained unauthorized access to (or Navigraph reasonably suspects that someone has gained unauthorized access to) your Account, you hereby acknowledge and agree that Navigraph has the right to (as appropriate) suspend or terminate your Account, and unsubscribe or pause any Subscription and/or access to the Services (including Data), effective immediately. Furthermore, to the extent permitted by applicable law, Navigraph reserves the right to refuse registering an Account for any reason at any time. 2. Subscription 2.1. Charge Period Navigraph offers Subscriptions with two different charge periods: monthly and annual (“Charge Periods”). The price of the Subscription, including any value added tax (as applicable to your country of residence if you live within the European Union), is periodically charged to the payment method designated by you as part of the Account registration (“Payment Method”) on the calendar day corresponding to the date when you started the Subscription (“Charge Date”). In some cases the Charge Date can change, for example if your subscription started on a calendar day which does not exist in the current month, or if your Payment Method experienced temporary difficulties. You can see when the next charge will take place in the account management interface on the Websites. 2.2. Payment Methods You can change your Payment Method via your account management interface on the Websites. If a charge cannot be made because the Payment Method has expired; or because the Payment Method has insufficient funds; or because you neglected to update your Payment Method information; Navigraph may suspend the Services (with the exception of the Free Services) until you have provided us with a working Payment Method. 2.3. Unsubscribing You can unsubscribe at any time. You will retain access to the Services until the end of your Charge Period. In the account management interface on the Websites, you can see when your access expires. If you unsubscribe, but do not cancel your Account, you will retain access to the Free Services for as long as you have an active Account. 2.4. Refunds and Right to Withdraw In the unlikely event of an erroneous Subscription charge we will, of course, correct any mistakes. Subject to the foregoing, however, due to that fact that the Services consist of you gaining access to Data immediately upon signing up for a Subscription, Navigraph does not offer any refunds or any right to withdraw and by accepting these Terms you hereby expressly waive (to the extent permitted by applicable law) any right to withdraw and/or refunds. 2.5. Receipts We provide receipts via the account management interface on the Websites. 2.6. Price adjustments Navigraph may, from time to time, adjust the prices of the Services. In such case, Navigraph will always notify you of any price adjustments at least one month prior to your upcoming Charge Date, after which the price adjustment will come into effect. To the extent permitted by applicable law, by continuing to use the Services after the price adjustment comes into effect, you will be considered having accepted the relevant price adjustment. If you do not wish to accept a price adjustment, you are always able to cancel your Account or unsubscribe (in accordance with sections 1.6 and 2.3 above). The current prices applicable to the Services can always be found on the Websites. 3. Use of Service 3.1. License Upon your purchase of a subscription for the Services we grant you a personal, revocable, non-exclusive, non-transferable, non-assignable, time-limited, worldwide license to use the Data and the Services, without the right for you to copy, modify, publish, sub-license, disseminate or otherwise exploit the Data and Services for any other purpose and on any Technical Platform (see section 3.4 below) other than what is described in these Terms. 3.2. Additional Terms The Data is provided by Jeppesen who is the owner and authorized licensor of the Data and therefore reserves all rights to the Data. For this reason you must also agree to the “Jeppesen’s Additional Terms” attached to these Terms as Appendix 1. 3.3. Purpose and Use Restrictions You may not use the Services for real world navigation. You may only use the Services for Game-based Learning in Personal Computer Flight Simulator Software where “Game-based Learning” refers to Gaming explicitly designed for educational purposes, or which have incidental or secondary educational value; and “Gaming” means the activity of using a personal computer for problem solving for the purpose of amusement, entertainment, or passing time (the “Purpose”). As a list of examples, you may not use our Services for any of the following purposes, including, but not limited to: 1. Real world navigation: Any usage with application for real world navigation. 2. Flight schools: Training or education organized by a flight school, or with the intention of logging flight hours towards any type of pilot’s license. 3. Military training centers: Training or education organized by any military center, or similar. 4. Professional training centers: Training or familiarization as a part of a professional occupation. 5. Research institutions: Usage by research projects conducted by a school, university, governmental institution, research institution, consultancy firm, or similar. 6. Any other use that would contradict, or does not conform to, the Purpose or any other use that is unauthorized or unlawful. If you are uncertain about how we may interpret the purpose of your usage, please write to us at dev@navigraph.com. Please note that we only issue personal and individual licenses (see section 1.2. Personal Account and section 3.1. License). Group licenses, corporate licenses, or any form of shared or joint licenses, are not available at this time. 3.4. Technical Platform You may only use our Services in “Personal Computer Flight Simulator Software” meaning simulators which: a) consume directly, or indirectly via auxiliary addon software, navigational data parsed into a non-ARINC 424 format; b) are ground-based; and c) are available as Commercial-off-the-Shelf (COTS) including, but not limited to, Microsoft Flight Simulator, Lockheed Martin Prepar3D, Laminar Research X-Plane. 3.5. Network Connection There are some functions in our Services which depend on a continuous network connection. Thus, to be able to use the Services effectively, your Device(s) must remain connected to the Internet. 3.6. Bugs and Service Interruptions While we have taken great precautions to provide a reliable service you may at times experience service interruptions or even bugs. We appreciate if you inform us about ways in which we can improve, but (with reference to section 8.1 below) we cannot offer any compensation due to such bugs and/or service interruptions. 3.7. Simultaneous Logins The Services are offered on several types of Devices: Windows Desktop, Mac Desktop, Android Apps, iOS Apps and in most web browsers. While a Subscription includes access from all types of Devices, a Subscription is limited to a maximum number of Devices onto which a user Account may be logged in simultaneously. The number of Devices you may use at the same time depends on your Subscription and is detailed on the Subscription page of the Websites. 3.8. Changes in Data While our ambition is to provide predictable uniform worldwide data we sometimes need to offer airport charts of mixed design as a new design is being implemented. Moreover, we may need to remove outdated airports or navaids, or change data formats as new information becomes available. Navigraph therefore reserves the right to change the Data from time to time, in any aspect, including but not limited to, geographical coverage, graphic design, data format, currency and update frequency. 3.9. Changes in Technical Features Since we are continuously developing and improving the Services, Navigraph may launch new technical features of the Services. The newly introduced features may change the appearance and functionality of the Services. Sometimes we will remove features which we deem are no longer frequently used. Navigraph therefore reserves the right to, from time to time, change, develop or amend the Services, in any aspect. 3.10. Personal Data transferred to Third-Party Software Navigraph makes it possible to access your Subscription and parts of the Services in (or through) some software provided by third-parties (“Third-Party Software”). You recognize that the Third-Party Software is not developed, maintained or operated by Navigraph and that Navigraph is not responsible for actions, functions, availability, design or content in any such Third-Party Software. You are also made aware that such Third-Party Software may have its own privacy policy and set of terms. Upon authorizing any Third-Party Software to use the Services on your behalf, we will inform you of which personal data Navigraph shares with such Third-Party Software. Navigraph and the Third-Party Software are individually, separately and independently responsible for the processing of such personal data. 3.11. Unauthorized Third-Party Software You are only allowed to use Third-Party Software in conjunction with the Services to the extent such Third-Party Software is authorized by Navigraph. The from time to time authorized Third-Party Software developers are available on the Website. 3.13. Scraping The Services are designed to download Data to user interfaces with the volume and frequency corresponding to that of normal user interaction. You may under no circumstance use any other automated means including, but not limited to, bots, scrapers, and spiders, to download Data from the Services. 4. Privacy 4.1. Personal Data You recognize that by registering an Account you are providing Navigraph with your personal data. You also recognize that by using the Service, Navigraph may collect personal data relating to you. The purposes of providing and collecting personal data, information about the data controller, and methods to request extracts, edits and deletions of personal data is described in the Privacy Policy available on the Websites. 4.2. System Email Messages You recognize that you will receive email messages from Navigraph relating to the status of your Account or your Subscription. Examples of such messages are password reset links, subscription confirmations, reminders of an expiring subscription, and warnings about failed payments. You cannot unsubscribe from these types of emails via the preferences in the Account settings. 4.3. Other Email Messages You recognize that you may receive email messages from Navigraph containing promotional content, such as recommendations about newly released Navigraph products or addon software. We strive to keep such information informative and relevant to you. You may edit the email preferences in your Account settings or click the unsubscribe link in any email to unsubscribe from such email messages. 5. Support 5.1. Support Forum The primary mode of support is the Navigraph support forum.. Navigraph reserves the right to suspend users and edit or delete posts which do not comply with the Forum Rules. 5.2. Support Email Issues containing Account or payment details must not be posted in the support forum but should be sent to account@navigraph.com. 6. SimBrief Service and User Generated Content 6.1. User Generated Content The SimBrief Service includes an opportunity for you to create individualised content, including (but not limited to) user created routes, modified airframes and similar (collectively “User Generated Content”). You hereby confirm (i) that such User Generated Content does not violate these Terms or (ii) violate applicable law or infringe the intellectual property rights of any third party. Furthermore, in the event Navigraph in its sole discretion determines, or reasonably suspects, that the User Generated Content violates these Terms, Navigraph has the right, but not the obligation, to (without prior notification to you) immediately delete, disable or otherwise remove any User Generated Content in the SimBrief Service. 6.2 License to the User Generated Content In addition to the above, you hereby expressly grant Navigraph a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute any of your User Generated Content in connection with the Services, in any medium and in any manner and by any means, method or technology. Other than the rights expressly granted by you in accordance with the above, you retain ownership of any and all rights in the User Generated Content. 7. Intellectual Property Rights 7.1 Ownership Navigraph, or its licensors (as applicable), owns and retains all right, title, and interest, including Intellectual Property Rights (as defined below), in and to the Services and the solutions provided thereby, and all the underlying software and technology, all as may be updated, improved, modified or enhanced from time to time. For the purposes of these Terms, “Intellectual Property Rights” shall mean any and all intellectual property rights, whether registered or not, worldwide including, without limitation, all of the following (i) copyrights, registrations and applications for registrations, (ii) software, computer programs, data and documentation, (iii) patents, patent applications and thereto related documentation and (iv) any trademarks, trademark applications and domain names. 7.2. Charts and Product Screenshots If you would like to use charts or screenshots of Navigraph products, in articles, reviews, tutorials, in print, online or in a video or similar production, you hereby agree and acknowledge that any such use is subject to your compliance with all of Navigraph’s Brand Guidelines found on the Websites. 7.2. Navigraph Trademark and Logos If you would like to use Navigraph’s trademarks, you must follow all of our trademark guidelines described in our Brand Guideline which can be found on the Websites. 8. Warranties and Liability 8.1 No Warranties You hereby acknowledge that except as expressly set forth above in these Terms, the Services are provided “as is” and “as available” without any express or implied warranty or representation whatsoever that they will be uninterrupted, timely, secure, error-free or that any part of the Services will be free of viruses or other harmful components. Navigraph disclaims all liability for the Services (to the extent permitted or possible under applicable mandatory law) and makes no warranties, express or implied, regarding the Services’ functionality and accessibility. Navigraph makes no warranty of merchantability or warranty of fitness for a particular purpose with respect to the Services, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. 8.2 Limitation of Liability To the extent permitted by applicable law, Navigraph and its officers, directors, shareholders, employees, agents, successors or assigns shall not be liable for any indirect damages including, but not limited to, any loss of, or damage to, any computer hardware or software, loss of data or other intangible losses. In any event, and to the extent permitted by applicable law, Navigraph’s aggregate and total liability in relation to you under these Terms shall in no event exceed an amount equal to the total payments made by you to Navigraph for the Services during the twelve (12) months immediately preceding the circumstance giving rise to your claim. Notwithstanding the foregoing, nothing in these Terms shall limit Navigraph’s liability under mandatory applicable law. 9. General Provisions 9.1. Applicable Laws These Terms shall be governed by and interpreted in accordance with the substantive laws of Sweden. These Terms do not limit any mandatory consumer rights protection applicable in your country of residence. 9.2. Partial nullability Should any provision of these Terms be held to be unlawful, invalid or unenforceable, such provision(s) shall not render the remaining provisions of these Terms invalid or unenforceable, which shall remain in full force and effect, and the application of that provision shall be enforced to the extent permitted by law. 9.3. Changes to Terms Navigraph may, from time to time, change these Terms. In case of any material changes to these Terms, Navigraph will notify you of such changes at least one month prior to the changes coming into effect. To the extent permitted by applicable law, by continuing to use the Services after the change comes into effect, you will be considered having accepted the relevant changes to these Terms. If you do not wish to accept the changes to Terms, you are always able to cancel your Account or unsubscribe (in accordance with sections 1.6 and 2.3 above). 9.4. Electronic Communication We will only send information to you electronically, for example via email to the email address you provided to us upon registration of your Account. - - - Appendix 1 Jeppesen's Additional Terms for Jeppesen Data YOU (herein also “End-User”) HAVE LICENSED JEPPESEN’S NAVDATA (“DATA”) AND JEPPESEN STANDARD VFR/IFR CHARTS, ELECTRONIC TERMINAL CHARTS, ENROUTE CHARTS, COMMERCIAL AIRLINE OVERLAY (CAO) CHARTS AND AIRPORT FAMILIARIZATION CHARTS IN A JEPPESEN PROPRIETARY GRAPHIC FORMAT (“ELECTRONIC CHARTS”) (the Data and Electronic Charts are called “Products” hereinafter) FROM NAVIGRAPH KB (“OEM”) UNDER AN AGREEMENT (herein “Agreement”). PLEASE READ THE FOLLOWING ADDITIONAL TERMS (“Additional Terms”) PROVIDED TO YOU BY OEM CAREFULLY BEFORE USING THE PRODUCTS. THESE ADDITIONAL TERMS ARE LEGALLY BINDING UPON YOU IN ADDITION AND AS AN INTEGRAL PART OF THE AGREEMENT. BY YOUR BELOW SIGNATURE, END-USER IS AGREEING TO EACH TERM OF THESE ADDITIONAL TERMS AS PART OF THE AGREEMENT INCLUDING THE RESTRICTIONS ON USE, DISCLAIMERS AND LIMITATION OF LIABILITIES. ANY USE OF THE PRODUCTS WILL ALSO CONSTITUTE YOUR AGREEMENT WITH THESE ADDITIONAL TERMS AS PART OF THE AGREEMENT. In case of a conflict between the Agreement and anything stated in these Additional Terms, these Additional Terms shall govern and prevail. 1. ACKNOWLEDGEMENTS. A. End-User confirms to have entered into a valid Agreement with Navigraph KB and End-User acknowledges that the Agreement is concluded solely between OEM and End-User, and not with Jeppesen GmbH and/or Jeppesen Sanderson Inc. (“Jeppesen”). The parties acknowledge that OEM (and not Jeppesen) is responsible for addressing any claims of the End-User relating to the Products. End-User acknowledges and agrees that Jeppesen is in respect of these Additional Terms a third party beneficiary of the Agreement, and that upon End-User’s acceptance of the Additional Terms, Jeppesen will have the right (and will be deemed to have accepted the right) to enforce the Additional Terms against End-User as a third party beneficiary of the Agreement. B. End-User acknowledges and agrees that each NavData database is effective for the specific 28-day AIRAC cycle period for which it was produced. Jeppesen has no liability or responsibility of any kind for the use of NavData by End-User after the expiration of its AIRAC effectivity cycle. End-User agrees that any use of the NavData after the expiration date of the AIRAC effectivity cycle will be at the End-User's sole risk and responsibility. C. Information contained in NavData is independently available from publications of the appropriate governing authority. NavData are 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. The NavData does NOT contain all information necessary to independently conduct instrument or visual flight procedures or plan all aspects of a flight. The 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. D. Some information displayed by the system on which NavData is installed (“System”) may be solely generated by the System, and may not be information derived from Jeppesen NavData. The NavData provided hereunder may not contain all of the navigation data existing worldwide, and End-User should make no assumption otherwise. The System may not utilize all NavData available from Jeppesen, and the data contained in End-User’s NavData may be only a subset of the data available from Jeppesen. E. End-User is the “end-user” of the data that is the subject of this Agreement, and 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. F. End-User is solely responsible for (i) thoroughly and appropriately training its users on the use of the System and the contents of any reformatted data derived from NavData, including, among other things, its limitations and differences from Jeppesen NavData, and (ii) training its users to confirm that the database information the user selects in the System is the database information the user intends to select. 2. OWNERSHIP/COPYRIGHT. Jeppesen is the owner or authorized licensor of the Products, which is protected by copyright. Material from the Australian Aeronautical Information Publication has been used by agreement with Airservices Australia. The Products provided hereunder may contain third party data provided by the avionics manufacturer in whose system the Products will be used and Jeppesen disclaims any and all responsibility and liability whatsoever for such third party data. 3. RESTRICTIONS ON USE. The Products may not be used for any other purpose, nor be sold or given by End-User to any third party for any use. Use of the Data by End-User to generate aviation charts or maps, whether for reference only or actual air navigation, is expressly prohibited. The Products cannot be used for performance based navigation procedure design (RNAV-RNP). End-User will NOT: (a) copy, reproduce, reverse engineer, decompile, disassemble or publish the Data; (b) electronically transfer the Products to multiple computers over a network system; (c) distribute copies of the Products or accompanying materials to others; (d) modify, adapt, or translate the Products or create derivative works based on the Products; or (e) assign, rent, lend, sell, transfer or sublease the Products. 4. WARNINGS: A. PRODUCTS 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 END-USER AGREES TO REGULARLY MONITOR JEPPESEN’S NOTICES AND ALERTS WEBPAGE AS APPROPRIATE FOR ITS TYPE OF OPERATION. B. THE CAO CHARTS MAY BE OUTDATED. 5. NO WARRANTY. END-USER ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT THE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. 6. DISCLAIMER AND RELEASE. THE CONDITIONS, REPRESENTATIONS, GUARANTIES, OBLIGATIONS, LIABILITIES AND WARRANTIES (IF ANY) OF JEPPESEN AND REMEDIES OF END-USER SET FORTH HEREIN ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND END-USER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF END-USER AGAINST JEPPESEN, EXPRESS OR IMPLIED, ARISING BY LAW, EQUITY OR OTHERWISE, WITH RESPECT TO ANY END-USER-SUPPLIED INFORMATION, THE PRODUCTS PROVIDED HEREUNDER AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH PRODUCTS, 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 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 END-USER, INCLUDING WITHOUT LIMITATION ANY AIRCRAFT. 7. 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 PRODUCTS 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 THE AGREEMENT. 8. INDEMNIFICATION. End-User agrees to indemnify and hold harmless Jeppesen and its subcontractors 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 End-User but not employees of Jeppesen, or for loss of or damage to any property, including any aircraft, arising out of or in any way relating to End-User’s utilization of the Products or any other things provided hereunder, whether or not arising in strict liability or tort or occasioned by the negligence of Jeppesen. End-User’s obligations under this indemnity will survive the expiration, termination, completion or cancellation of the Agreement. 9. For purposes of Sections 6. (Disclaimer and Release), 7. (Exclusion of Specified Losses and Damages) and 8. (Indemnification), the term “Jeppesen” includes its parent companies (at any tier), its divisions, subsidiaries and affiliates, the assignees of each, and their respective directors, officers, employees and agents. 10. LIMITATION OF LIABILITY. THE MAXIMUM LIABILITY OF JEPPESEN UNDER THE AGREEMENT SHALL BE ONE THOUSAND EUROS. 11. If a court of competent jurisdiction determines that relevant laws in force may imply 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 shall apply to the fullest extent permitted by law. If Jeppesen cannot exclude or limit a warranty or liability implied by law, these Additional Terms shall be read and construed subject to such provisions of law. 12. EXPORT COMPLIANCE. End-User shall be 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 U.S. and, if applicable, other countries. End-User shall not attempt to, or knowingly export or re-export the Products covered under the Agreement to any country, or national thereof, prohibited from obtaining Products, either directly or indirectly through affiliates, or subsidiaries of End-User. Each party shall, at its sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to conduct its respective activities hereunder. Nothing in this clause releases End-User from any obligation stated elsewhere in the Agreement not to disclose the Products. 13. GOVERNING LAW. ANY DISPUTE, CONTROVERSY OR CLAIM AGAINST JEPPESEN ARISING OUT OF OR RELATING TO THE PRODUCTS, WHETHER UNDER CONTRACT, TORT OR OTHERWISE, AND THESE ADDITIONAL TERMS ARE GOVERNED BY THE LAWS OF ENGLAND, WITHOUT RECOURSE TO CHOICE OF LAW STATUTES OR PRINCIPLES THAT WOULD OTHERWISE RESULT IN THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. 14. SEVERABILITY. If any term or provision of these Additional Terms is held invalid or unenforceable, such term or provision will be replaced by a valid and enforceable provision containing as close to the original intent of the parties as possible in light of the intent of this Additional Terms. The remainder of this Additional Terms will not be affected thereby and each remaining term and provision of this Additional Terms will be valid and enforceable to the fullest extent permitted by law. 15. AUTHORIZED SIGNATORY. THE SIGNATORY OF THESE ADDITIONAL TERMS WARRANTS TO BE AUTHORIZED TO SIGN THEM ON BEHALF OF BELOW NAMED COMPANY OR STATE AUTHORITY. Legal Terms of Service Privacy Policy Brand Guidelines Company Team Our Story Contact Careers – We're Hiring! Assets Blog Community Developer Directory Developer Info Forum © Navigraph 2021. All rights reserved. Youtube Twitter Facebook Instagram By navigating this website you agree to our use of cookies. Learn more about our cookies in the Privacy Policy.