AIREON ADS-B DATA AND FLIGHTAWARE DATA SERVICES

STANDARD END USER AGREEMENT

NOTICE TO USER: THIS STANDARD END USER AGREEMENT TERMS ("AGREEMENT") GOVERNS THE USE OF AIREON LLC’S ("AIREON") ADS-B DATA ("AIREON DATA") PROVIDED TO YOU BY FLIGHTAWARE LLC ("FLIGHTAWARE") AND ANY OTHER DATA ("FLIGHTAWARE DATA") PROVIDED TO YOU BY FLIGHTAWARE. THE AIREON DATA AND THE FLIGHTAWARE DATA ARE COLLECTIVELY REFERRED AS THE "LICENSED DATA". BY CLICKING "I AGREE" AND/OR BY DOWNLOADING, COPYING, OR USING THE LICENSED DATA WHEN DELIVERED BY FLIGHTAWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT USES THE LICENSED DATA AND ANY PERSON OR ENTITY (E.G., SYSTEM INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT DOWNLOADS, STORES, OR USES THE LICENSED DATA ON YOUR BEHALF AND FOR YOUR BENEFIT. IN CONSIDERATION FOR RECEIVING THE LICENSED DATA AND FOR OTHER GOOD AND VALUE CONSIDERATION, THE RECEIPT OF WHICH YOU HEREBY ACKNOWLEDGE, YOU AGREE AS FOLLOWS:

  1. REPRESENTATIONS
    1. This Agreement is solely between you and FlightAware. Notwithstanding anything to the contrary herein or in any agreement between you and FlightAware, Aireon is not obligated to deliver any Aireon Data for use by you if doing so would violate any law applicable to Aireon. You agree that your only recourse with respect to any issues or concerns related to your use, availability, reliability, or accuracy of Aireon Data is with FlightAware, and not with Aireon or Aireon’s affiliates.
    2. You agree and acknowledge that your acceptance of this Agreement and its terms is a condition precedent to your ability to use the Licensed Data and the FlightAware Product.
    3. FlightAware is not obligated to deliver any Licensed Data for use by you if doing so would violate any law applicable to FlightAware or if the Licensed Data, or any portion thereof, is not available for any reason from Aireon or any other source used by FlightAware.
    4. You represent that you are an operator of one or more aircrafts.
  2. USE OF LICENSED DATA
    1. You have the right and license to use the Aireon Data in combination with your use of the applicable FlightAware Data, product, and/or service you have purchased from FlightAware (individually, a "FlightAware Product"). You have a license to use the FlightAware Product and Licensed Date only for your internal purposes of flight following and flight tracking of your aircraft. Without limiting the foregoing, you specifically agree that you will not use the Licensed Data for air traffic control, air space management or air traffic flow management, in-flight navigation or traffic advisories. You also have a license to permit access of Licensed Data to a third party to the extent such third party uses the FlightAware Product with Licensed Data solely to assist you in the conduct of flight following and flight tracking of your aircraft for your internal purposes and for your sole benefit. You further agree that your use of the Licensed Data and the FlightAware Product is also subject to the "Terms of Use" ("FlightAware Website Terms of Use") applicable to the accessing the FlightAware website at www.flightware.com. The FlightAware Website Terms of Use are available at https://www.flightaware.com/about/termsofuse and may be amended from time to time by FlightAware, and your continued use of the FlightAware Product will constitute your acceptance of such amendments. To the extent of any conflict between the terms in this Agreement and the Terms of Use, the terms in this Agreement will take precedence. The above uses are referred to in this Agreement, collectively, as the "permitted use".
    2. The Aireon Data is owned by Aireon, including all industrial and proprietary rights therein and thereto. The FlightAware Product and the FlightAware Data is owned by FlightAware and its licensors, including all industrial and proprietary rights therein and thereto. You shall not publish, distribute, or transmit the FlightAware Product or the Licensed Data except in connected with the permitted use. No right or license under any of Aireon’s or FlightAware’s rights, including intellectual property rights, are granted to you under this Agreement. All rights are reserved by (i) Aireon in and to the Aireon Data , and (ii) FlightAware in and to the FlightAware Data and the FlightAware Product.
    3. Your right to use the Licensed Data is personal to you. You shall not sublicense, assign or transfer the Licensed Data or your rights to use the Licensed Data or the FlightAware Product, to any third party, except in connection with the permitted use. Also, you shall not authorize any portion of the Licensed Data or the FlightAware Product to be copied onto or accessed from another individual’s or entity’s systems or facilities, in each case except as expressly permitted under this Agreement.
    4. You are prohibited from: (a) using the Licensed Data on behalf of third parties; (b) renting, leasing, lending or granting other rights in the Licensed Data including rights on a subscription basis; and/or (c) providing use of the Licensed Data in a data service business, third party outsourcing facility or service, service bureau arrangement, network, or time sharing basis.
    5. You agree that the Licensed Data will not be shipped, transferred or exported into any country or used in any manner prohibited by any laws or regulations applicable to Aireon and FlightAware. If FlightAware determines in its sole discretion that the use of Licensed Data is prohibited by such laws or regulations or if you otherwise violate the terms of this Agreement or any other agreement between you and FlightAware, FlightAware has the right to suspend access and use of the Licensed Data by you, including immediately terminating this Agreement and any other agreement between you and FlightAware. You agree not to use or transfer the Licensed Data to any jurisdiction if such use or transfer will cause Aireon to violate such laws or regulations.
    6. All rights to use the Licensed Data granted by FlightAware are on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
  3. LIMITED WARRANTY

    1. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT OF THE LICENSED DATA PROVIDED TO YOU DOES NOT ORIGINATE WITH AIREON OR FLIGHTAWARE IN ANY WAY WHATSOEVER. CONSEQUENTLY, AIREON, AS TO THE AIREON DATA, AND FLIGHTAWARE, AS TO THE LICENSED DATA, OFFER NO WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED, AND MAKES NO CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS WITH REGARD TO THE CONTENT OF LICENSED DATA, ITS ACCURACY, AVAILABILITY OR ITS RELIABILITY TO YOU AND/OR ANY OTHER END USERS, OR ANY THIRD PARTY, AND IS PROVIDED "AS IS" AND WITH "ALL FAULTS."

    2. AIREON AS TO THE AIREON DATA, AND FLIGHTAWARE, AS TO THE LICENSED DATA AND THE FLIGHTAWARE PRODUCT, MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPLICITLY DISCLAIM ALL OTHER REPRESENTATIONS AND AGREES TO EXCLUDE ALL CONDITIONS, WARRANTIES, AND OTHER TERMS IN EVERY CASE WHETHER EXPRESS, IMPLIED (WHETHER BY LAW, CUSTOM, STATUTE OR OTHERWISE), WRITTEN OR ORAL OR STATUTORY, INCLUDING ANY IMPLIED CONDITION, WARRANTY OR TERM, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY CONDITION, WARRANTY OR TERM WARRANTIES OTHERWISE ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY LAW WITH RESPECT TO AIREON DATA OR THE PROVISION OF AIREON DATA BY AIREON AND FLIGHTAWARE AND TO THE LICENSED DATA OR TO THE PROVISION OF THE LICENSED DATA AND THE FLIGHTAWARE PRODUCT BY FLIGHTAWARE. THIS ARTICLE SHALL BE INTERPRETED TO GIVE AIREON AND FLIGHTAWARE THE FULL BENEFIT OF ANY WARRANTY DISCLAIMER TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW.

  4. TERMINATION

    This Agreement is coterminous with any agreement between you and FlightAware with respect to any FlightAware Product that contains Aireon Data. In other words, a termination of the agreement covering your use of the FlightAware Product that contains Aireon Data will also be deemed a termination of this Agreement. This Agreement may also be terminated as provided in Section II(E).

  5. LIMITATION OF LIABILITY

    IN NO EVENT WILL AIREON, FLIGHTAWARE, OR THEIR AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, DIRECT, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY EVEN IF AN AIREON OR FLIGHTAWARE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. AIREON’S OR FLIGHTAWARE’S AGGREGATE LIABILITY AND THAT OF THEIR AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO USD $100.00. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS.

  6. HOLD HARMLESS

    You will fully indemnify, defend and hold harmless Aireon and FlightAware, and their respective affiliates, directors, officers, employees and agents (collectively, "Indemnified Parties") from and against any actions, damages, losses, defense expenses and costs, and third party claims to the extent arising from or relating to your use of the Licensed Data and the FlightAware Product, including without limitation relating to death, bodily injury or tangible property loss or damage. You will indemnify the Indemnified Parties against any losses incurred in connection with the enforcement of this Section VI.

  7. GOVERNING LAW

    This Agreement and all matters arising from or related to this Agreement (including its validity and interpretation), will be governed and enforced by and construed in accordance with the substantive laws in force in the State of Texas. The respective courts of Harris County, Texas shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

  8. MISCELLANEOUS
    1. No amendment to, or change, waiver or discharge of, any provision of this Agreement is valid unless executed by the duly authorized representatives of FlightAware. Neither the course of dealings between the parties nor any trade practices will act to modify, vary, supplement, explain or amend this Agreement.
    2. The section headings are for reference and convenience only and will not be considered in the interpretation of this agreement.
    3. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement, if capable of substantial performance, will remain in full force and effect.
    4. You may not assign or otherwise transfer your rights and obligations under this Agreement without the prior written consent of FlightAware. This Agreement is binding on the parties and their successors and permitted assigns. Any assignment in contravention of this section is void.
    5. This document sets forth the complete and final expression of the parties’ agreement about their subject matter, and there are no other representations, understandings or agreements between the parties about such subject matter.
    6. Aireon is the express third party beneficiary of all the rights and obligations under this Agreement. Neither party intends this Agreement to benefit, or create any right or cause of action in or on behalf of, any other person or entity.
    7. Upon termination, neither party will have any obligation to the other party, except that the following sections and obligations thereunder will survive such termination: Sections I, II(B), II(E), III, IV, V to VIII.
    8. This Agreement supplements, and does not supersede, any other agreement between you and FlightAware covering your use of a FlightAware Product containing Aireon Data. To the extent of any conflict between the terms in this Agreement and terms in such other agreement between you and FlightAware, and solely as it relates to your use of Aireon Data, the terms in this Agreement will take precedence.
  9. ELECTRONIC CONTRACTING

    Your electronic acceptance of this Agreement is binding on you for all purposes and is governed by the Uniform Electronic Transactions Act as enacted in the State of Texas (as such Act may be amended from time to time).

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