ST3400 TAWS/RMI Database Update

JEPPESEN TERMS AND CONDITIONS

Please read these Terms and Conditions carefully before using Jeppesen's NavData, Obstacle or Terrain data. These Terms and Conditions are legally binding upon you ("Licensee") and Jeppesen Sanderson, Inc. ("Jeppesen"). By receiving Jeppesen's NavData, Obstacle or Terrain data, Licensee is agreeing to each term herein.

LIMITED WARRANTY AND DISCLAIMER.

Obstacle and Terrain Data is provided "AS IS" without warranty of any kind.

Jeppesen NavData has been developed to meet the need for current aviation information in a computer compatible form required for modern computerized aeronautical applications. Information contained in the NavData is independently available from publications of the appropriate governing authority.

NavData is designed for use by experienced and knowledgeable pilots, 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 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.

Jeppesen 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 end-user's flight planning system is a joint effort between Jeppesen and the computerized flight planning program manufacturer. NavData is transformed into formats and configurations necessary for use in specific computerized flight planning programs using computer programs designed, developed and controlled by the manufacturer of the flight planning program. JEPPESEN MAKES NO WARRANTY, AND SPECIFICALLY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, AS TO THE PROPER USE, FUNCTION OR COMPLETENESS OF THE NAVDATA IN ANY SPECIFIC GROUND BASED COMPUTER SYSTEMS AND PROGRAMS USED TO TRANSFORM NAVDATA INTO FORMATS AND CONFIGURATIONS NECESSARY FOR USE IN SPECIFIC COMPUTERIZED FLIGHT PLANNING PROGRAMS.

Jeppesen expressly warrants for the sole benefit of end-user that it has accurately compiled, reproduced and processed the data obtained from government or other sources into Jeppesen NavData. THIS EXPRESS WARRANTY, WHICH SHALL BE 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'S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED TO THE USE OF ITS COMMERCIALLY REASONABLE EFFORTS TO CORRECT ANY ERRORS AND TO CORRECT ANY ERRORS IN ITS NEXT SCHEDULED REVISION CYCLE.

JEPPESEN MAKE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, AS TO THE ACCURACY OF THE JEPPESEN NAVDATA, OBSTACLE AND TERRAIN DATA SOURCE MATERIAL ITSELF, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE WARRANTIES, CONDITIONS, REPRESENTATIONS, OBLIGATIONS AND LIABILITIES 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, OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF END-USER AGAINST JEPPESEN, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE JEPPESEN NAVDATA, OBSTACLE AND TERRAIN DATA PROVIDED HEREUNDER AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH JEPPESEN NAVDATA, OBSTACLE AND TERRAIN DATA OR OTHER THINGS PROVIDED UNDER THESE TERMS AND CONDITIONS, 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 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 AIRCRAFT.

Except to the extent that Jeppesen is liable under any express warranty set forth herein, end-user will 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 and/or processing of any Jeppesen Obstacle, Terrain or NavData or any other things provided hereunder, whether or not arising in tort or occasioned by the negligence of Jeppesen, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness or willful misconduct of Jeppesen. End-user's obligations under this indemnity will survive the expiration, termination, completion or cancellation of these terms and conditions.

EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. IN NO EVENT SHALL JEPPESEN BE LIABLE TO END-USER OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES FROM TORT, CONTRACT, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF ANY CLAIM THAT THE JEPPESEN NAVDATA, OBSTACLE AND TERRAIN DATA OR OTHER OUTSIDE SOURCE MATERIAL IS DEFECTIVE, UNRELIABLE, UNSAFE OR FAILS TO CONFORM WITH ANY GOVERNMENT STANDARD OR REGULATION. SOME STATES DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY OR THE EXCLUSION OR LIMITATION OF INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSIONS MAY NOT APPLY TO END-USER.

If an arbitration panel or 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 herein shall apply to the fullest extent permitted by law. If Jeppesen cannot exclude or limit a warranty or liability implied by law, this agreement shall be read and construed subject to such provisions of law.

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 Jeppesen NavData, Obstacle and/or Terrain Data to any country, or national thereof, prohibited from obtaining Jeppesen NavData, Obstacle and/or Terrain Data, either directly or indirectly through affiliates, licensees or subsidiaries of end-user.

GOVERNING LAW. THIS AGREEMENT WILL BE INTERPRETED UNDER AND GOVERNED BY THE LAW OF THE STATE OF COLORADO, U.S.A., EXCEPT THAT COLORADO'S CONFLICTS OF LAWS RULES WILL NOT BE INVOKED FOR THE PURPOSES OF APPLYING THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT APPLY TO THIS AGREEMENT.