Date of Last Revision: 18 March 2013
Your use of the Sites and use or purchase of certain Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Jeppesen reserves the right to change, cancel or delete any and all content contained in the Sites (including User Content) and any Services offered through the Sites at any time without notice. This includes without limitation any flight logs, travel plans or other travel-related information. It is solely your responsibility to make backup copies of any such information.
QUESTIONS AND CONTACT INFORMATION
2. TERMS AND CONDITIONS OF PURCHASE
All purchases of products and services that are made through the Sites are governed by Jeppesen's Terms and Conditions of Purchase, and by ordering products or services from Jeppesen through the Sites, you agree to be bound by and accept such Terms and Conditions of Purchase. The Terms and Conditions of Purchase are subject to change at any time without prior notice, in Jeppesen's sole discretion, so you should review the Terms and Conditions of Purchase each time you make a purchase.
3. ELECTRONIC PRODUCTS AND SERVICES
Once you download an item from the Sites, it is your responsibility not to lose, destroy, or damage it; and to back up your electronic files. Some electronic content may be large, and significant data charges may result from delivery of such content over a data connection. All data charges from your Internet provider or data carrier are your responsibility. Certain electronic products and services require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You agree that meeting these requirements, which may change from time to time, is your responsibility.
4. THIRD PARTY CONTENT AND APPLICATIONS
Jeppesen may provide third-party content and links to Web pages, Web sites and content of third parties (the "Third Party Content") and may make third party software applications (such as Google" Maps) available to users (the "Third Party Applications") as a service to its users. Reference to any third-party content, products or services, does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Jeppesen unless expressly stated. Jeppesen does not monitor or have any control over, and is not responsible or liable for, any Third Party Content or Third Party Applications. Third Party Content and Third Party Applications are provided "AS-IS," and Jeppesen does not endorse or sponsor any Third Party Content or Third Party Applications. JEPPESEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO SUCH THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LEGALITY OR SAFETY THEREOF. USERS USE THE THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS CONTAINED THEREIN AT THEIR OWN RISK.
5. COPYRIGHT AND LIMITED LICENSE; LICENSE RESTRICTIONS
Unless otherwise indicated, the Sites and all content and other materials on the Sites or available through the Services, including, without limitation, the Jeppesen logo, and all designs, text, graphics, pictures, news, forecasts, information, data, software, video, sound files, and other content and files, and the selection and arrangement thereof (collectively, the "Site Materials"), are the proprietary property of Jeppesen or its licensors and are protected by U.S. and international copyright laws.
UNLESS EXPRESSLY STATED TO THE CONTRARY IN A PRODUCT AGREEMENT, THE SERVICES OFFERED THROUGH THIS SITE ARE NOT FOR USE BY AIRLINES, AIR CARGO CARRIERS, OR GOVERNMENT OR MILILTARY ENTITIES AND ANY SUCH USE IS STRICTLY PROHIBITED.
You are granted a non-sublicensable, non-transferable, non-exclusive, license to access and use the Sites, the Services and the Site Materials for your non-commercial and personal internal use only. This license is revocable at any time.
6. REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Jeppesen has adopted a policy of terminating, in appropriate circumstances and at Jeppesen's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Jeppesen may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. COPYRIGHT COMPLAINTS
If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with Jeppesen's Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Timothy G. Hoops
Full Address of Designated Agent to Which Notification Should be Sent:
Jeppesen Sanderson, Inc.
55 Inverness Drive East
Englewood, CO 80112
Telephone Number of Designated Agent: 303-799-9090
Facsimile Number of Designated Agent: 303-328-4163
E-Mail Address of Designated Agent: email@example.com
You may not copy, imitate or use, in whole or in part, without the prior written permission of Jeppesen or the applicable trademark holder, any trademark or service mark of Jeppesen or its licensors, including without limitation any logos, product or service name or slogan contained in the Sites. Information on Jeppesen marks can be found here. You may not use any metatags or any other "hidden text" utilizing "Jeppesen" or any other name, trademark or product or service name of Jeppesen without Jeppesen's prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Jeppesen and its licensors and may not be copied, imitated or used, in whole or in part, without Jeppesen's prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Jeppesen.
10. ADVERTISEMENTS AND PROMOTIONS
Jeppesen may run advertisements and promotions from third parties on the Sites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Jeppesen, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Jeppesen is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Sites.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, photographs, postings, original or creative materials or other information, regarding the Sites or the Services that are provided by you in the form of email or other submissions to Jeppesen (the "Submissions") are non-confidential and will become the sole property of Jeppesen. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, to Jeppesen, and Jeppesen is entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12. USER CONTENT AND CONDUCT
The Sites may include interactive areas or services ("Interactive Areas"), such as personal profile pages, user-to-user messaging features, rating tools, forums, product reviews, chat rooms, message boards, and other areas or services in which you or third parties create, send, post, share or store content, data, information, messages, text, music, sound, photos, video, graphics, applications, code or other materials or other items on or through the Sites ("User Content"). For purposes of this Section, Interactive Areas also include Jeppesen pages created on third-party Web sites such as Facebook or YouTube, provided, however, that your use of such third-party sites may also be subject to the terms and policies of such third-parties.
You are solely responsible for your use of such Interactive Areas and User Content and use them at your own risk. By using the Sites or the Services including Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites or the Services including Interactive Areas any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise violate any local, state, national or international law, rule, or regulation, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- User Content that, in the sole judgment of Jeppesen, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Jeppesen or its users to any harm or liability of any type;
- Classified or sensitive military or government or other information of any jurisdiction;
- User Content that encourages or glorifies any reckless, irresponsible, or illegal activity or behavior; and
- User Content that, in its creation, involved any heightened risk of physical injury or harm to the creator of such User Content or any other person, or to any property or that involved any reckless, irresponsible, or illegal activity or behavior on the part of the creator of such User Content.
Without limiting any of the foregoing, you also agree to abide by Jeppesen's Acceptable Use Policy that provides further information regarding acceptable conduct on the Sites and any Interactive Areas. You understand and agree that the Acceptable Use Policy is subject to change by Jeppesen at any time by posting an updated policy on the Sites. Jeppesen will indicate at the top of the Acceptable Use Policy the date such document was last updated, and any changes will be effective immediately upon posting of the revisions on the Sites.
YOUR USE OF THE SITES, SERVICES, AND INTERACTIVE AREAS IS AT YOUR OWN RISK. JEPPESEN IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR USER CONTENT PROVIDED BY ITS USERS OR FOR THE CONDUCT OF ITS USERS, NOR IS JEPPESEN LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER. While Jeppesen may offer features that are designed to enable you to make aspects of the information or materials in your personal profile or your other User Content non-public, no system or security measure is perfect or impenetrable, and Jeppesen is not liable for any inadvertent disclosure, public display or distribution of such User Content despite your election to make such User Content private. Therefore, you should not post any confidential, classified or otherwise sensitive User Content that you would not feel comfortable having made public. As a provider of interactive services, Jeppesen is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
13. REGISTRATION AND REGISTRATION DATA; ACCOUNT SECURITY
To access the Services on the Sites, you must register. You agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data") and to maintain the security of your password and identification. You further agree to maintain and promptly update the Registration Data, and any other information you provide to Jeppesen, to keep it accurate, current and complete. You accept all risks of unauthorized access to the Registration Data and any other information you provide to Jeppesen. Jeppesen reserves the right to refuse registration, or to refuse or limit access to the Sites and the Services, to anyone in its sole discretion for any reason or no reason.
You are entirely responsible for any and all activities that occur under your account. You agree to notify Jeppesen immediately of any unauthorized use of your account or any other breach of security. Jeppesen will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, or someone's otherwise unauthorized use of your account and/or account information. You may not use anyone else's account at any time.
Certain information may be requested from you through the Sites specifically in connection with Jeppesen's provision of certain Services to you, including but not limited to, fleet composition, operations schedules, and operational parameters. By submitting such information, you grant Jeppesen the right to use such information in support of its provision of the Services. You agree to provide accurate, current and complete information and Jeppesen disclaims all responsibility for claims arising from the information supplied by you. Such information remains the property of its owner.
14. EXPORT COMPLIANCE
You are responsible for your compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the government of the United States and, if applicable, other countries. You will not attempt to, or knowingly export or re-export any of the Site Materials or Services or products using the Site Materials or Services to any country, or national thereof, prohibited from obtaining such Site Materials and Services, either directly or indirectly through your affiliates, licensees or subsidiaries.
You will indemnify and hold harmless Jeppesen, its licensors, contractors, subcontractors, agents, service providers, and consultants, 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 your employees but not employees of Jeppesen, or for loss of or damage to any property, including without limitation any vessel or aircraft, arising out of or in any way relating to: (i) your use of or inability to use the Sites or the Services; including without limitation claims relating to any allegation that you or your personnel have not been properly or adequately trained; (ii) any User Content you create, post, store or transmit on or through the Sites; (iii) your interaction with other users: or (iv) any other things provided to or accessed by you via the Sites; whether or not arising in strict liability or tort or occasioned by the negligence of Jeppesen. For purposes of this Section, the term "Jeppesen" includes Jeppesen, its parent company, their respective parents, affiliates, and the assignees of each, and their respective directors, officers, employees and agents. Your obligations under this indemnity will survive the termination or cancellation of your account or of your use of the Sites or Services.
16. ACKNOWLEDGEMENTS SPECIFIC TO CERTAIN SERVICES AVAILABLE ON THE SITES
16.1. Chart Services
Jeppesen's chart services (the "Chart Services") have been developed to provide current information in the condensed form required for modern air navigation under instrument and visual flight conditions. Information contained in the copyrighted Chart Services is independently available from publications of the appropriate governing authority and other third parties.
The Chart Services are designed for use by experienced, instrument-rated pilots who must be thoroughly familiar and competent with the instrument navigation of aircraft. The user of the Chart Services should also be thoroughly familiar with the Introduction and Legend materials included within the Chart Services. To obtain a copy of the Introduction and Legend materials, please contact Jeppesen at firstname.lastname@example.org.
Instrument procedures are designed, flight-tested, approved, authorized and prescribed by applicable governing authorities. In the United States, these flight procedures are incorporated into FAR Part 97 as regulations. Jeppesen does not design or flight-check any of these procedures, and Jeppesen has no authority to alter, modify, add to, or subtract from any flight procedure prescribed by a governing authority. Further, Jeppesen does not review or approve the adequacy, reliability, accuracy, safety or conformance with government standards of any government flight procedure, and it specifically has undertaken no such duty. Jeppesen's flight procedure charts simply depict in a graphic form convenient for the use of knowledgeable, instrument-rated pilots, the flight procedures exactly as designed, flight-tested and prescribed by government authorities.
The Chart Services contain a wide variety of information useful to pilots that Jeppesen has obtained from many outside sources, including customers. Jeppesen has edited this source material, and has arranged and published it in a convenient, easy-to-use format.
WARNING: THE ELECTRONIC FILES AND PAPER CHARTS ARE VALID AS OF THE DATE THEY ARE PRINTED OR DOWNLOADED FROM JEPPESEN'S SECURE WEBSITE BY YOU OR YOUR AUTHORIZED USERS. IT IS THEREAFTER THE RESPONSIBILITY OF YOU OR YOUR AUTHORIZED USERS TO ENSURE THAT YOU OR YOUR AUTHORIZED USERS HAVE THE MOST CURRENT ELECTRONIC FILES AND PAPER CHARTS PRIOR TO YOUR AND YOUR AUTHORIZED USERS' USE OF SUCH INFORMATION. YOU AND YOUR AUTHORIZED USERS CAN MAKE SUCH VERIFICATION BY CHECKING FOR ANY UPDATES TO THE INFORMATION ON JEPPESEN'S SECURE WEBSITE AND/OR WWW.JEPPESEN.COM.
WARNING: EACH AIRPORT QUALIFICATION AND FAMILIARIZATION CHART CONTAINS A LEGEND DEPICTING A SCALE WITH A DEFINED MEASUREMENT (E.G., 1 INCH = 5 MILES). IF YOU AND/OR YOUR AUTHORIZED USERS RESIZE OR ZOOM THE AIRPORT QUALIFICATION AND FAMILIARIZATION CHART, THE DEFINED MEASUREMENT MAY BE RENDERED INACCURATE. ACCORDINGLY, YOU AND YOUR AUTHORIZED USERS SHOULD NOT RELY ON THE DEFINED MEASUREMENT IF YOU AND/OR YOUR AUTHORIZED USERS RESIZE OR ZOOM THE AIRPORT QUALIFICATION AND FAMILIARIZATION CHART.
WARNING: CHART RELATED ALERTS AND NOTICES ("ALERTS") ARE PUBLISHED ON JEPPESEN'S NOTICES AND ALERTS WEBPAGE WHICH IS ACCESSED VIA WWW.JEPPESEN.COM. CHANGES MAY OCCUR AT ANY TIME AND YOU AGREE TO REGULARLY MONITOR JEPPESEN'S NOTICES AND ALERTS WEBPAGE AS APPROPRIATE FOR YOUR TYPE OF OPERATION.
16.2. NavDataŽ Aviation Navigation Information ("NavData")
Jeppesen's NavData has been developed to meet the need for current aviation information in a computer compatible form required for (i) air navigation equipment used under instrument and visual flight conditions and (ii) computerized flight planning applications. Information contained in NavData is independently available from publications of the appropriate governing authority.
NavData is 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. NavData does NOT contain all information necessary to independently conduct instrument or visual flight procedures or plan all aspects of a flight. NavData must be used in conjunction with the appropriate aeronautical charts and other information available to pilots, flight dis patchers, flight planners and others through a variety of sources. Pilots must conduct flight procedures in accordance with the information depicted on aeronautical charts.
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 Licensee's avionics system is a joint effort between Jeppesen and the avionics manufacturer. Jeppesen NavData is transformed by the avionics manufacturer into formats and configurations necessary for use in the avionics system using computer programs designed, developed and controlled by the avionics manufacturer.
Some information displayed by the avionics system may be solely generated by the avionics system, and may not be information derived from NavData. NavData may not contain all of the navigation data existing worldwide, and you should make no assumption otherwise. The avionics system and the avionics manufacturer's packing software ("PSP") may not utilize all NavData available from Jeppesen, and the NavData provided hereunder may be only a subset of the data available from Jeppesen or the avionics manufacturer.
You acknowledge and agree that:
- You are the "end-user" of NavData, and that 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."
- Jeppesen has no responsibility for (i) the functionality of the avionics manufacturer's packing software program ("PSP") or flight navigation system; (ii) the accurate translation, reproduction, reformatting and system utilization of NavData performed by the avionics manufacturer including, but not limited to, processing by the avionics manufacturer's PSP and flight navigation system; (iii) for any third party data provided by the avionics manufacturer and included in NavData.
- You will be thoroughly and appropriately trained on the use of the avionics manufacturer's flight navigation system and the contents of the database including, among other things, its limitations and differences from NavData, and will confirm that the database information you select in the system is the database information you intend to select.
JEPPESEN SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR:
- THE FUNCTIONALITY OF THE AVIONICS SYSTEM, THE PSP AND ALL OTHER TOOLS UTILIZED TO REFORMAT AND INTEGRATE NAVDATA INTO THE AVIONICS SYSTEM; AND
- THE ACCURATE TRANSLATION, REPRODUCTION, AND REFORMATTING OF NAVDATA BY THE AVIONICS SYSTEM, THE PSP AND ALL OTHER TOOLS.
- THE MANNER IN WHICH THE AVIONICS SYSTEM UTILIZES AND DISPLAYS NAVDATA
WARNING: NAVDATA RELATED ALERTS AND NOTICES ("ALERTS") ARE PUBLISHED ON JEPPESEN'S NOTICES AND ALERTS WEBPAGE WHICH IS ACCESSED VIA WWW.JEPPESEN.COM. CHANGES MAY OCCUR AT ANY TIME AND YOU AGREE TO REGULARLY MONITOR THE NOTICES AND ALERTS WEBPAGE AS APPROPRIATE FOR YOUR TYPE OF OPERATION.
16.3. Jeppesen Obstacle, Cultural, Airport Moving Map, Terrain and Other Data
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT (i) JEPPESEN'S OBSTACLE DATA, CULTURAL DATA, AIRPORT MOVING MAP DATA, AND TERRAIN DATA, AMONG OTHER DATA TYPES (COLLECTIVELY "OTHER JEPPESEN DATA") ARE NOT TO BE USED FOR NAVIGATION, BUT ARE FOR SITUATIONAL AND/OR POSITIONAL AWARENESS ONLY; AND (ii) SUCH OTHER JEPPESEN DATA MAY NOT BE UPDATED ON A REGULAR BASIS; AND (iii) YOU ASSUME TOTAL RESPONSIBILITY TO ENSURE YOU ARE USING THE MOST CURRENT DATA AVAILABLE AT ANY GIVEN TIME.
16.4. Flight Planning Services
YOU UNDERSTAND AND AGREE THAT ANY SERVICE PROVIDED HEREIN IS INTENDED TO BE PURELY ADVISORY IN NATURE; THAT IT INCORPORATES INFORMATION FURNISHED BY YOU AND THIRD PARTIES OVER WHICH JEPPESEN HAS NO CONTROL; AND THAT IN NO CASE IS IT INTENDED THAT ANY INFORMATION SUPPLIED BY JEPPESEN, WHETHER OR NOT OF ITS OWN CREATION, BE SUBSTITUTED FOR YOUR OWN BEST JUDGEMENT IN ANY GIVEN SITUATION.
16.5. Training Products and Services
YOU UNDERSTAND AND AGREE THAT JEPPESEN'S TRAINING PRODUCTS AND SERVICES INCLUDING BUT NOT LIMITED TO SOFTWARE, VIDEO, AUDIO, AND DVD PRODUCTS, ONLINE TRAINING, TEXTBOOKS AND ELECTRONIC BOOKS (COLLECTIVELY "TRAINING PRODUCTS AND SERVICES") ARE SUPPLEMENTARY ONLY, AND IN NO WAY REPLACE YOUR OWN OBLIGATION TO BECOME FULLY TRAINED; OR TO TRAIN YOUR PILOTS AND OTHER FLIGHT OPERATIONS PERSONNEL.
JEPPESEN MAKES NO GUARANTEE FOR (I) PLACEMENT FOLLOWING TRAINING, (II) CREDIT TRANSFER, (III) ANY CERTIFICATION AND/OR (IV) ANY LICENSE ISSUANCE.
17. WARRANTIES AND DISCLAIMER OF WARRANTIES
17.1. LIMITED WARRANTY FOR THE CHART SERVICES. JEPPESEN EXPRESSLY WARRANTS FOR YOUR SOLE BENEFIT THAT IT HAS ACCURATELY GRAPHICALLY DEPICTED THE FLIGHT PROCEDURES PRESCRIBED BY APPLICABLE GOVERNMENT AUTHORITIES, AND THAT IT HAS ACCURATELY COMMUNICATED THE INFORMATION OBTAINED FROM OTHER SOURCES ON ITS CHARTS AS SUPPLEMENTED AND/OR REPLACED BY ALERTS AS DESCRIBED ABOVE. THIS EXPRESS WARRANTY IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, MADE BY JEPPESEN REGARDING THE CHARTS. JEPPESEN WILL, AT ITS OPTION, REPAIR OR REPLACE THE CHART, OR REFUND THE MONEY PAID FOR THE CHART, WHICH FAILS TO MEET THIS WARRANTY. THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY.
17.2. LIMITED WARRANTY FOR NAVDATA. JEPPESEN EXPRESSLY WARRANTS FOR YOUR SOLE BENEFIT THAT IT HAS ACCURATELY COMPILED, REPRODUCED AND PROCESSED THE DATA OBTAINED FROM GOVERNMENT OR OTHER SOURCES INTO JEPPESEN NAVDATA AS SUPPLEMENTED AND/OR REPLACED BY ALERTS AS DESCRIBED ABOVE. THIS EXPRESS WARRANTY, WHICH IS 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 WILL, AT ITS OPTION, REPAIR OR REPLACE THE NAVDATA RECORD, OR REFUND THE FEES PAID FOR THE NAVDATA RECORD, WHICH FAILS TO MEET THIS WARRANTY. THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY.
17.3. NO WARRANTY FOR OTHER JEPPESEN DATA. JEPPESEN'S OBSTACLE DATA, CULTURAL DATA, AIRPORT MOVING MAP TERRAIN DATA AND OTHER DATA ("OTHER JEPPESEN DATA") ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND WHATSOEVER.
17.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THE SITES OR IN A PRODUCT AGREEMENT BY JEPPESEN, THE SITES, THE SITE MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, JEPPESEN DOES NOT WARRANT THAT THE SITES, THE SERVICES OR THE SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY JEPPESEN OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY ELECTRONIC PRODUCTS PURCHASED OR DOWNLOADED FROM THE SITES. JEPPESEN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.
18. LIMITATION OF LIABILITY
18.1. DISCLAIMER AND RELEASE
- ANY IMPLIED WARRANTY AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS;
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE,
- ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING IN STRICT LIABILITY OR IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JEPPESEN, AND
- ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY OF YOUR PROPERTY, INCUDING WITHOUT LIMITATION ANY AIRCRAFT OR VESSEL.
18.2. EXCLUSION OF DAMAGES
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL JEPPESEN BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, BREACH OF WARRANTY, TORT [INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED], STRICT LIABILITY OR OTHERWISE) AND EVEN IF JEPPESEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR:
- LOSS OF PROFITS;
- LOSS OR REPRODUCTION OR RECOVERY OF DATA OR INFORMATION;
- BUSINESS INTERRUPTION;
- YOUR INTERACTIONS WITH OTHER USERS OR THE ACTIONS OF ANY THIRD PARTIES WHO MAY ACCESS THE SITES OR USE THE SERVICES;
- THE USE OR INABILITY TO USETHE SITES OR THE SERVICES;
- THE USER CONTENT OR THE OTHER SITES MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES;
- RELIANCE BY YOU OR ANOTHER USER ON ANY SERVICES OR INFORMATION OBTAINED FROM JEPPESEN;
- MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF PROFILES OR MESSAGES,
- YOUR PARTICIPATION IN TRAINING COURSES;
- FAILURES TO PROVIDE OR ERRORS OR OMISSIONS IN ANY REQUESTED FLIGHT PLANNING OR OTHER NOTICES OR SERVICES;
- CHANGES TO OR DELETION OF FLIGHT LOGS OR OTHER DATA YOU RECORD ON THE SITES;
- ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JEPPESEN'S RECORDS, PROGRAMS OR SERVICES; AND
- ANY OTHER DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR ANY OTHER DAMAGES OF ANY KIND.
18.3. LIMITATION OF LIABILITY
IN NO EVENT WILL JEPPESEN'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR SERVICES EXCEED THE PURCHASE PRICE, IF ANY, FOR ACCESS TO THE SITES OR SERVICES, FOR THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18.4. Some states and jurisdictions do not allow limitations on direct, indirect, incidental, or consequential damages, so the above limitations or exclusions may not apply to you.
18.6. For the purpose of this Limitation of Liability Section, the term "Jeppesen" means Jeppesen Sanderson, Inc., its parent company, their respective parents, affiliates, and the assignees of each, and their respective directors, officers, employees and agents.
19. GOVERNING LAW AND VENUE