Navigraph Terms of Service

GENERAL CONDITIONS

Article 1 - DEFINITIONS
In these Terms of Service the following capitalized definitions are used in both the singular and plural form.

1.1
Account: refers to Your account for the payment and use of the Navigraph Service;

1.2
Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Navigraph. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

1.3
Agreement: means the agreement between Navigraph and You for the use of the Navigraph Service;

1.4
End User License Agreement: means the End User License Agreement between Navigraph and You for the license to use Navigraph Software;

1.5
Password: refers to a code You select, which, in combination with the Username, gives You access to Your Account;

1.6
Navigraph: refers to the entity Navigraph, with its address at P.O. Box 8170, SE-104 20 Stockholm, Sweden, reg.no, (9696970640), VAT no. (SE969697064001);

1.7
Payment Method: means the payment method that can be used to purchase Navigraph Service and any other services or products that Navigraph may add thereto from time to time;

1.8
Navigraph Software: means software clients distributed by Navigraph for downloading of data, enabling You to use the Navigraph Service, including without limitation any subsequent programming fixes, updates, upgrades and new versions of such software;

1.9
Navigraph Staff: the officers, directors, employees and agents of Navigraph or its Affiliates, or any other persons hired by Navigraph or its Affiliates.

1.10
Terms of Service: means these general terms and conditions, irrespective of the form in which these general terms and conditions are presented to You, which cover and form part of the Agreement;

1.11
Username: refers to an identification code You selected, which in combination with the Password, gives access to Your Account;

1.12
Navigraph Service: means the payable services and software features provided by Navigraph and/or Navigraph's partners;

1.13
Website: means any and all elements and contents of the website available - amongst other URLs - under the URLs www.navigraph.com from which Navigraph Services can be accessed or downloaded;

1.14
You: You, the user and/or subscriber of Navigraph Services, also used in the form "Your" where applicable;

1.15
Connected Account: means the PayPal account, or bank account to which a Credit Card is connected, that You have pre-authorized Navigraph to charge to pay for Navigraph Services.

1.16
Additional Terms: means terms issued by Navigraph's partners, appended as an integral part to these Terms of Services, which You also must agree to in order to use Navigraph Services. In the event Additional Terms contradict what it stated in Terms of Services, Additional Terms will have precedence.


Article 2 - GENERAL PROVISIONS

2.1
No warranties. Navigraph shall endeavour to provide the Navigraph Service with minimum disruptions. However Navigraph cannot guarantee that the Navigraph Service will always function without disruptions, delay or other imperfections. Since the Navigraph Service will be transmitted through public Internet lines, You understand that there may be power outages or Internet service disruption and You may experience some disruptions in the Navigraph Service, e.g. packet loss and delay. Navigraph will not be liable for any disruption, delays or other omissions in the Navigraph Service.

2.2
Suspension and interruption. Navigraph is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Navigraph Service or any part thereof, without any notice to You for the repair, improvement, and/or upgrade of the Navigraph Service or for any of the reasons for termination in accordance with Article 11.3 of these Terms of Service.

2.3
Change of technical features. Navigraph may change the technical features of the Navigraph Service in order to keep pace with the latest demands and technological developments, at its own discretion and without any notice to You.

2.4
Not valid data. You acknowledge and understand that the data which is downloaded using the Navigraph Service is dated and must not under any circumstances be used for real-world aeronautical navigation.

2.5
No official chart provider. You acknowledge and understand that the Navigraph Service is not an official provider of aeronautical information or a replacement for any aeronautic information publication service.

2.6
For recreational use only. You acknowledge and understand that the Navigraph Service is intended for ground based recreational computer game simulator software only. The Navigraph Services may not be used by professional training centers.


Article 3 - YOUR COOPERATION

3.1
Use of the Navigraph Service. You will use the Navigraph Service in accordance with these Terms of Services, the Additional Terms, the End User License Agreement of any Navigraph Software, and the relevant legislation.

3.2
Information. You will at all times provide Navigraph in good time with any data or information necessary to a proper provision of the Navigraph Service.

3.3
Suspension. If any data that is required for providing the Navigraph Service is: not available to Navigraph; not available in good time or not in accordance with the arrangements; or if You do not fulfill Your obligations in any other way, Navigraph will be entitled to suspend the provision of the Navigraph Service.

3.4
No resell. You agree not to resell the Navigraph Service to any third party.

3.5
Lawful purposes. You acknowledge and agree to use the Navigraph Service solely for lawful purposes.

3.6
Indemnification. You agree to indemnify and hold Navigraph and (as applicable), Navigraph Staff, and Affiliates harmless against any and all third-party claims, actions, proceedings and costs, including but not limited to reasonable attorney's fees, incurred by Navigraph arising out of or relating to Your violation of the Terms of Service, applicable law or rights of any third parties and/or the misuse of the Navigraph Service.

Article 4 - Username, PASSWORD AND ACCOUNT

4.1
Username, Password and Account. In order to make use of the Navigraph Service, Navigraph will grant You a Username, Password and Account. You are solely responsible for maintaining the confidentiality of Your Username and Password. You are responsible and liable for all activities conducted through Your Username, Password and Account, even if this occurs without Your permission.

4.2
Notification and Indemnification. You agree to immediately notify Navigraph in writing of any unauthorized and/or fraudulent use of Your Username, Password, Account. You agree to indemnify Navigraph against any and all third party claims and all related liabilities arising out of, or relating to, the use of Your Username, Password, and Account. Navigraph will not be liable for any damages resulting from the unauthorized and/or fraudulent use of Your Username and/or Password and the unauthorized use of Your Account.

4.3
Change of Username and Password. Navigraph reserves the right to change Your Username or Password if this is in the interest of the functioning of the Navigraph Service or to prevent fraudulent use of the Navigraph Service.

4.4
Active Account. Navigraph reserves the right to delete Your Account if no activity is registered on Your account for one (1) year. Activity is defined as a login procedure using the Account Username and Password for identification, either on the Navigraph website www.navigraph.com or via any of the online software included in the Navigraph Services. Upon deletion, any positive balance associated with the Account will be forfeit.

Article 5 - TARIFFS AND PAYMENT

5.1
Payment. In order to purchase data delivered via the Navigraph Service You shall pay Navigraph the tariffs as stated on the website www.navigraph.com. Unless stated otherwise, all tariffs and charges shall be stated in Euros and shall be inclusive of Swedish value added taxes (VAT) for all users residing in countries included in the European Union VAT region, and exclusive of Swedish value added taxes (VAT) for all users residing in countries not in the European Union VAT region.

5.2
Payment options. Payment can be made using one of three methods: Manual Checkout Mode, Connected PayPal account, or Connect Credit Card Account. The two latter are collectively referred to as Connected Accounts. In the case of Manual Checkout Mode you may use a PayPal account or a valid credit card (Visa, MasterCard, American Express or any other issuer then-accepted by Navigraph) to pay. Navigraph reserves the right to make one or several payment options unavailable as a function of the order amount. Navigraph also reserves the right to stop accepting credit cards from one or more issuers. In the case of Connected PayPal account, or Connected Credit Card Account, Your login information or credit card number will not be stored on any Navigraph system. The login information or credit card number is routed with industry standard encryption to PayPal or a third-party payment interface provider where a reference number is obtained. Only the reference number, signifying a pre-authorization for future charges to a Connected Account, is stored in the Navigraph system.

5.3
Payment Intervals for Connected Accounts. A Connectged Account is charged weekly or when the negative balance reaches 10.00 EUR, whichever comes first.

5.4
Negative balance. An Account cannot be terminated according to article 11.2 while any of its Connected Accounts has a negative balance.

5.5
Payment error. In the event that a Connected Account cannot be charged due to insufficient means, Navigraph will attempt three times after one, three and five days, and notify You via e-mail after each unsuccessful attempt. After the third attempt Navigraph Staff will manually attempt to charge the account. Navigraph reserves the right to add an administrative fee of EUR 50.00 and an annual interest on the outstanding debt equivalent to the Repo Rate established by the Swedish Riksbank plus three percent (3%), calculated per calendar day from the third attempt.

5.6
Charged in error. In the event You believe that Navigraph has charged You in error, You must contact Navigraph's customer services within 90 days after such charge. Navigraph reserves the right to not give any refunds or adjustments will not be given for any charges which are more than 90 days old.

5.7
Positive balance. Navigraph can directly, or via a vendor, issue a voucher or a gift coupon which constitute a monetary value which in can be associated with Your Navigraph Account. The positive balance can be used to pay for Navigraph Services. Vouchers and gift coupons have to be claimed six months after date of issue or will otherwise be treated as expired and of no value. An Account cannot be terminated according to article 11.2 while any of its Connected Accounts has a positive balance.

Article 6 - REFUND POLICY

6.1
You can request a refund for unused and unexpired Navigraph Services at any time, by submitting a support request to account@navigraph.com. Refund requests carried out through any other point of contact shall not be eligible for a refund. No refunds shall be given for vouchers or gift coupons which were not purchased directly from Navigraph.
Navigraph reserves the right to deny repetitive refund requests. Upon a duly submitted refund request, Navigraph will refund the value of the Navigraph Service or the positive account balance through the original payment method used, or any other reasonable payment method to be determined by Navigraph, and addressed to the person to whom the Navigraph Account is registered. The transfer costs will be deducted from refunded amount.
Furthermore, upon request, Navigraph will refund your positive balance in the event you terminate your Account(s) according to article 11.2.

Article 7 - PRIVACY, PERSONAL DATA AND TRAFFIC DATA

7.1
Privacy Policy. Navigraph is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy, published on Navigraph's website at www.navigraph.com applies to the use of personal data, as well as the confidential information transmitted via the Navigraph Service. As stated in the Privacy Policy, in order to provide You with Navigraph Services or other services You have requested, Navigraph may sometimes, if necessary, share Your personal data with partnering service providers and/or agents. We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent and we use Your information only as described in the Privacy Policy. We store and process Your information on computers that may be located outside Your country that are protected by physical as well as technological security devices. You can access and modify the information You provide in accordance with the Privacy Policy. If You object to Your information being transferred or used in this way please do not use our services.

Article 8 - INTELLECTUAL PROPERTY RIGHTS

8.1
Ownership. All intellectual property rights regarding the Navigraph Service, including but not limited to the software and related documentation developed and/or owned by Navigraph shall be and shall remain the sole property of Navigraph. The providing of the Navigraph Services does not imply any transfer of intellectual property rights.

8.2
License. You shall only obtain a non-exclusive and non-transferable right for the use of the Navigraph Services. You commit Yourself to adhere strictly to any conditions laid down in the Terms of Service or imposed in any other way.

Article 9- LIMITATION OF LIABILITY

9.1
Limitation of Liability. In the event of Navigraph being in breach of any of its obligations towards You under these Terms of Service, Navigraph will accept liability to pay damages only to the extent as laid down in this article 9.

9.2
Direct damages. Navigraph can only be held liable for direct damages resulting from an attributable failure to perform its obligations under these Terms of Service. Direct damages in this respect exclusively mean: a. all reasonable costs incurred by You in order to have Navigraph perform its obligations under the Terms of Service; b. all reasonable costs incurred by You in order to prevent or limit any direct damages as meant in this article; c. all reasonable costs incurred by You in order to establish the nature and scope of the direct damages as meant in this article.

9.3
Maximum amount. The direct damages as meant in this article shall be limited to the amount actually paid by You for the Navigraph Service during the year in which such damages occur. In no event, however, shall the total compensation for any direct damages exceed EUR 1,000.00.

9.4
No incidental consequential damages. To the maximum extent permitted by applicable law, Navigraph shall not be liable for any special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy arising out of or in any way related to the use of or inability to use the Navigraph Service), even if Navigraph has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

9.5
Willful intent or gross negligence. The above limitation of liability in article 10.3 shall cease to apply if and insofar as the loss is due to Navigraph's willful intent or gross negligence.

9.6
Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation.

Article 10 - FORCE MAJEURE

10.1
Force majeure. You acknowledge and understand that the Navigraph Service does not function and Navigraph will not be in breach of any of its obligations towards You under these Terms of Service in the event of a force majeure event. A force majeure event means any event beyond the control of Navigraph including, but not limited to, an act of God, insurrection or civil disorder, war or military operations, national or local emergency, a serious and sustained power outage or severe Internet service disruption, flood, subsidence, or weather conditions of exceptional severity.

10.2
Consequences of force majeure. In the event Navigraph is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a best efforts basis. Navigraph will not accept any liability for the consequences arising out of a force majeure event.

Article 11 - TERM AND TERMINATION

11.1
Term. The Agreement will be effective as of the date of Your acceptance thereof, and will remain effective until terminated by either party as set forth in these Terms of Service.

11.2
Termination by You. You may terminate the Agreement at any time, under the conditions provided herein.

11.3
Termination by Navigraph. Without limiting other remedies, we may limit, suspend, or terminate this service and Your use of Navigraph service and software, prohibit access to Navigraph's website, remove hosted content, and take technical and legal steps to keep You off the Website if we think that You are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons, with immediate effect and without recourse to the courts. In the case of termination, any positive balance on Your Account will be forfeited and refund according to 6.1 is not possible. Navigraph shall effect such termination by providing notice to You to the email address You have provided, and/or preventing Your access to Your Account and to the Navigraph Service.

11.4
Consequences of Termination. Upon termination of the Agreement for any reason all licenses and rights to use the Navigraph Service shall terminate and You will cease any and all use of the Navigraph Service.

11.5
Survival. All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the Agreement, including without limitation, all of Your representations, warranties and indemnification obligations.

Article 12 - MISCELLANEOUS

12.1
New versions of the Terms of Service. Navigraph reserves the right to modify these Terms of Service at any time by providing such revised Terms of Service to You or by publishing the revised Agreement on the Website, which shall become effective within thirty (30) days thereof, unless You expressly accept the revised Terms of Service by clicking on the accept button. Your continued use of the Navigraph Service after expiry of said period of time shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. If You do not wish to accept these revised Terms of Service, You are entitled to terminate Your Account, in writing or by e-mail to account@navigraph.com with effect from the date on which the revised Terms of Service would become effective. You can find the latest version of these Terms of Service on www.navigraph.com. Navigraph reserves the right to make changes to these Terms of Service from time to time.

12.2
Adjustment of the Navigraph Service. Navigraph reserves the right to adjust the Navigraph Service at any time, for example to conform to legal and regulatory obligations. If You do not wish to accept the adjusted Navigraph Service, You are entitled to terminate Your Account, in writing or by e-mail to account@navigraph.com, with effect from the date on which the adjusted Navigraph Service will be provided.

12.3
Entire Agreement. These Terms of Service together with the Additional Terms and the End User License Agreement constitute the entire agreement between You and Navigraph with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

12.4
Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of these Terms of Service shall nonetheless remain in full force and effect.

12.5
No waiver. Navigraph does not guarantee we will take action against all breaches of these Terms of Service. The failure of Navigraph at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Navigraph.

12.6
No Assignment by You. You are not allowed to assign this contract or any rights hereunder.

12.7
Assignment by Navigraph. Navigraph is allowed to, at its sole discretion, assign this contract or any rights hereunder to any affiliate, without giving prior notice.

12.8
Applicable Law. The Agreement shall be governed by and construed in accordance with the laws of Sweden without giving effect to the conflict of laws or provisions of Sweden or Your actual state or country of residence.

12.9
Competent Court. Any legal proceedings arising out of or relating to Agreement will be subject to the jurisdiction of the courts of the district of Sweden.

12.10
Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIOBS SET FORTH HEREIB. BY CLICKING ON THE REGISTER BUTTON AND/OR CONTINUING TO USE THE NAVIGRAPH SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO NAVIGRAPH THE RIGHTS SET FORTH HEREIN.

(c) Navigraph - Last revised: 8 January 2013.

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Appendix 1 Jeppesen's Additional Terms for Jeppesen Data

YOU (herein also "End-User") HAVE LICENSED JEPPESEN'S NAVDATA (the "Data") FROM NAVIGRAPH ("Navigraph") UNDER AN AGREEMENT (herein "Agreement"), PLEASE READ THE FOLLOWING ADDITIONAL TERMS ("Additional Terms") PROVIDED TO YOU BY NAVIGRAPH CAREFULLY BEFORE USING THE DATA. THESE ADDITIONAL TERMS ARE LEGALLY BINDING UPON YOU IN ADDITION AND AS AN INTEGRAL PART OF THE AGREEMENT. BY USING THE DATA, 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. YOUR USE OF THE DATA WILL CONSTITUTE YOUR AGREEMENT WITH THESE ADDITIONAL TERMS AS PART OF THE AGREEMENT.

1. ACKNOWLEDGEMENTS. End-User acknowledges that the Agreement is concluded solely between Navigraph and End-User, and not with Jeppesen GmbH ("Jeppesen"). The parties acknowledge that Navigraph (and not Jeppesen) is responsible for addressing any claims of the End-User relating to the Data. 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.

2. OWNERSHIP/COPYRIGHT. Jeppesen is the owner or authorized licensor of the Data, which is protected by copyright. Material from the Australian Aeronautical Information Publication has been used by agreement with Airservices Australia.

3. RESTRICTIONS ON USE. The Data 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. End-User 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.

4. WARNINGS: DATA IS NOT SUITABLE FOR ACTUAL AIRCRAFT NAVIGATION AND MAY ONLY BE USED IN A GROUND BASED PERSONAL COMPUTER SIMULATORS ONLY TO BE USED AS A COMPUTER GAME. DATA MAY NOT BE USED FOR ACTUAL AIRCRAFT AND/OR OTHER TYPES OF ACTUAL NAVIGATION.

5. NO WARRANTY. END-USER ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT THE DATA ARE NOT FOR NAVIGATION AND ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER.

6. DISCLAIMER AND RELEASE. THE CONDITIONS, REPRESENTATIONS, 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, 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 ANY END-USER-SUPPLIED INFORMATION, 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 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 END-USER, INCLUDING WITHOUT LIMITATION ANY AIRCRAFT.

7. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. JEPPESEN WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JEPPESEN), STRICT LIABILITY OR OTHERWISE WITH RESPECT TO THE DATA PROVIDED HEREUNDER FOR: (i) LOSS OF USE, REVENUE OR PROFIT; AND (ii) FOR DAMAGES RESULTING FROM BUSINESS INTERRUPTION; AND (iii) FOR COSTS OF REPRODUCTION OR RECOVERY OF DATA OR INFORMATION WHICH IS LOST IN WHOLE OR IN PART; AND (iv) FOR ANY OTHER INCIDENTAL, CONSEQUENTIAL, GENERAL OR SPECIAL DAMAGES.

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 Data or any other software, data and/or other things provided hereunder, 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 willful misconduct of Jeppesen. End-User's obligations under this indemnity will survive the expiration, termination, completion or cancellation of the Agreement. For purposes of this Section, the term "Jeppesen" includes its parent company, its divisions, subsidiaries and affiliates, the assignees of each, and their respective directors, officers, employees and agents.

9. LIMITATION OF LIABILITY. THE MAXIMUM LIABILITY OF JEPPESEN UNDER THE AGREEMENT SHALL BE ONE THOUSAND EURO.

10. 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 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.

11. 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 Data covered under the Agreement to any country, or national thereof, prohibited from obtaining Data, 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 Data.

12. GOVERNING LAW. 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.

13. Any dispute, controversy or claim arising out of or relating to the Data, whether under contract, tort or otherwise, will be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The place of arbitration will be London, England. The language of arbitration will be English. The foregoing will not apply in the event a third party claims any injury, damage or loss against Jeppesen in a court or other proceeding wherein End-User is joined, interpleaded or impleaded by Jeppesen, or End-User is otherwise a necessary or indispensible party to the action or proceeding. End-User waives sovereign immunity and related defenses with respect to these Additional Terms of the Agreement.