License Agreement

Through this web site (the “Site”) or program (the “Program”), Jeppesen will provide you with access to a flight planning service (collectively "Service"). The Site and Service, including any updates, enhancements and/or any new features, are subject to these Terms and Conditions of Use. Please read this document carefully. These Terms and Conditions of Use do not alter in any way the terms or conditions of any other written or online agreement you have with Jeppesen or AOPA. BY ACCESSING, BROWSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. You must be at least 18 years old and competent to enter into a contract to use the Service. If you are under the age of 18, you may only use this Site with involvement of a parent or guardian. Jeppesen reserves the right to refuse service, terminate accounts or cancel orders at its sole discretion. Jeppesen further reserves the right to change or modify any of the Terms and Conditions of Use or any policy or guideline of the Site at any time without notice to you. Any changes or modifications to the Terms and Conditions of Use will be effective on the date the change or modification is made and the date of such changes or modifications shall appear at the bottom of this page. Your use of the Site following the date of any changes or modifications will constitute your acceptance of the Terms and Conditions of Use as revised. You should visit this page regularly to review the Terms and Conditions of Use because they are binding on you. The term "You" and "User" as used herein refers to all individuals and/or entities accessing, browsing or using this Site for any reason.

DISCLAIMER AND RELEASE. JEPPESEN DOES NOT WARRANT THAT THE SITE, THE SERVICE CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO THE VIEWING SOFTWARE, WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JEPPESEN IS NOT RESPONSIBLE FOR THOSE COSTS.

THIS SITE AND THE SERVICE CONTAINED HEREIN ARE DELIVERED "AS IS" AND "AS AVAILABLE" AND ARE NOT GUARANTEED TO BE FREE FROM ERRORS OR DEFECTS. USER ASSUMES ALL RISK AS TO THEIR PERFORMANCE. THE CONDITIONS, REPRESENTATIONS, OBLIGATIONS AND LIABILITIES OF JEPPESEN AND REMEDIES OF USER SET FORTH HEREIN ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND USER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF USER AGAINST JEPPESEN, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, THIS SITE, THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH STANDARDS OR REGULATIONS PRESCRIBED BY A GOVERNMENT AUTHORITY OR OTHER OUTSIDE SOURCE, AND ANY NONCONFORMANCE OR DEFECT IN THE SERVICE, SOFTWARE, DATA, DOCUMENTATION OR OTHER THINGS PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY 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.

FOR THE PURPOSE OF THIS DISCLAIMER AND RELEASE SECTION, "JEPPESEN" MEANS JEPPESEN SANDERSON, INC., ITS PARENT COMPANY, ITS DIVISIONS, SUBSIDIARIES AND AFFILIATES, AIRCRAFT OWNERS AND PILOTS ASSOCIATION, ITS SUBSIDIARIES AND AFFILIATES, THE ASSIGNEES OF EACH, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS.

EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. JEPPESEN AND ITS RESPECTIVE SUPPLIERS/LICENSORS 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, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER OR ANY USE OF THIS SITE OR ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED, THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH STANDARDS OR REGULATIONS OF ANY GOVERNMENT AUTHORITY OR OTHER OUTSIDE SOURCE, AND ANY NONCONFORMANCE OR DEFECT IN THE SERVICE, SOFTWARE, DATA, DOCUMENTATION OR OTHER THINGS PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION, EVEN IF JEPPESEN OR ITS SUPPLIERS/LICENSORS HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF JEPPESEN'S LIMITED WARRANTY OR LIMITATION OF LIABILITY SET FORTH HEREIN SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT JEPPESEN'S LIABILITY SHALL NOT EXCEED U.S. $100. SOME STATES OR COUTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE SOME ADDITIONAL RIGHTS.

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 HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF JEPPESEN CANNOT EXCLUDE OR LIMIT A WARRANTY OR LIABILITY IMPLIED BY LAW, THESE TERMS AND CONDITIONS OF USE SHALL BE READ AND CONSTRUED SUBJECT TO SUCH PROVISIONS OF LAW.

FOR THE PURPOSE OF THIS EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES SECTION, "JEPPESEN" MEANS JEPPESEN SANDERSON, INC., ITS PARENT COMPANY, ITS DIVISIONS, SUBSIDIARIES AND AFFILIATES, AIRCRAFT OWNERS AND PILOTS ASSOCIATION, ITS SUBSIDIARIES AND AFFILIATES, THE ASSIGNEES OF EACH, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS.

INDEMNIFICATION. Customer will indemnify and hold harmless Jeppesen and its respective suppliers and licensors from and against all claims and liabilities (including claims by third parties), including 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 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 your breach of the terms of these Terms and Conditions and/or your utilization of this Site and/or the Service or any other things provided hereunder, whether or not arising in tort or occasioned by the negligence of Jeppesen. For the purpose of this Indemnification section, "Jeppesen" means, Jeppesen Sanderson, Inc., its parent company, its divisions, subsidiaries and affiliates, Aircraft Owners and Pilots Association, its subsidiaries and affiliates, the assignees of each, and their respective directors, officers, employees and agents.

EXPORT RESTRICTIONS. Any software, data and/or underlying information and technology used or otherwise downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Designated Nationals. You further represent and warrant that no U.S. federal has suspended, revoked, or denied your export privileges.

MISCELLANEOUS. Jeppesen and AOPA make no claims that the Service may be lawfully used, viewed or downloaded outside of the United States. Access to the Service may not be legal by certain persons or entities in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Additional or different terms and conditions may apply when you use affiliated web sites, third-party content, or third-party software with respect to any claim made against Jeppesen or AOPA.

With respect to any claim made against Jeppesen, this Agreement will be interpreted under and governed by the laws of the State of Colorado, except that Colorado's conflict-of-law provisions shall 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. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Colorado for any claim or dispute with Jeppesen or any of its subsidiaries, affiliates, officers, agents, or employees. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. You must file any claim or suit related to the Service within one year after it arises. The section titles in these Terms and Conditions are for convenience only and have no substantive effect.

TERMINATION. Subject to prior written agreement(s), Jeppesen reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Any rights not expressly granted herein are reserved.
©2003 Jeppesen Sanderson, Inc. All rights reserved.