Revision 12

March 31, 2013

2013 Gulfstream Aerospace Corporation

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Terms and Conditions

These terms and conditions apply to the Customers subscription of initial provisioning and revisions services and the
licensing of maintenance manuals, revisions, updates and other technical publications (the Publications) distributed by
Gulfstream Aerospace Corporation (Gulfstream). Customer includes the legal entity seeking access to the Publications
through this license and its employees, but shall not include independent contractors, consultants, agents, licensees or
other third parties, unless approved in writing by Gulfstream.

1. Copyright; Proprietary Information. Customer

acknowledges
that
the
Publications
contain
Gulfstreams proprietary information and that
Gulfstream is the sole and exclusive owner of
copyrights in the Publications, excluding any portions
containing proprietary or copyrighted information
belonging to Gulfstreams suppliers or other third
parties. All rights are reserved, and Customer obtains
no rights of ownership to Gulfstreams copyrights
through this Agreement. No part of the Publications
may be reproduced, used to create derivative works,
stored in any retrieval system, or transmitted in any
part or form by any means, whether electronic,
photocopying, microfilm, microfiche, mechanical or
otherwise. The Publications, if provided in CD-ROM or
other electronic format, may be used only on a single
computer controlled by Customer at any one time.
Neither concurrent use on two or more computers nor
use in a network is permitted without authorization and
the payment of other license fees.
2.

License. Gulfstream grants Customer a non-exclusive,

revocable and non-transferable license to use the
Publications solely for the maintenance, repair and
operation of Gulfstream aircraft by pilots, aircraft repair
stations (or foreign equivalents) with the applicable
Gulfstream model included on their certificates, and
maintenance technicians properly licensed by the
Federal Aviation Administration (FAA) or other
applicable foreign aviation authority. Notwithstanding
the foregoing, Customer is expressly prohibited from
copying, distributing or creating derivative works from
the Publications (or facilitating any such actions) to
support any of the following: (a) designing, reproducing
or manufacturing products, materials, processes or
services, including without limitation maintenance
support software; (b) creating, developing or deriving
parts, materials or modifications; or (c) seeking FAA or
other governmental or regulatory approval to perform
any of the foregoing. Customer agrees not to disclose
the Publications or any information and data contained
therein to any third party except as expressly
authorized above.

3.

Warranty. Gulfstream warrants that, throughout the

period during which Customer maintains a revisions
subscription with Gulfstream for the Publications, the
Publications will be free from material errors and
omissions in view of the state of the art at the time of
the relevant sections revision date (Defect).
Customers sole remedy for breach of this warranty
shall be to receive at no charge a revised version of the
defective section; provided, however, this remedy is
conditioned upon Customer providing written notice of
such Defect within the applicable subscription period.

4.

Disclaimers. ALL OTHER WARRANTIES WHETHER

EXPRESS, IMPLIED, OR STATUTORY, SUCH AS
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, ARE HEREBY
EXCLUDED AND DISCLAIMED TO THE EXTENT
THAT
THEY
EXCEED
THE
WARRANTIES
PROVIDED
HEREIN,
WHICH
WARRANTIES
COMPRISE
GULFSTREAMS
ENTIRE
RESPONSIBILITY WITH RESPECT TO ANY ERROR,
OMISSION OR OTHER FAILURE OR DEFECT IN OR
RELATED TO THE PUBLICATIONS, TO THE
EXCLUSION OF ALL OTHER LIABILITY IN TORT
(WHETHER
FOR
GULFSTREAMS
OWN
NEGLIGENCE OR OTHERWISE) OR IN CONTRACT.

5.

Limitations. NOTWITHSTANDING ANYTHING ELSE

HEREIN, GULFSTREAM SHALL NOT UNDER ANY
CIRCUMSTANCES (INCLUDING FOR ITS OWN
NEGLIGENCE) BE LIABLE FOR ANY INCIDENTAL,
INDIRECT,
CONSEQUENTIAL,
SPECIAL
OR
PUNITIVE DAMAGES ARISING FROM OR RELATED
TO THIS AGREEMENT OR THE USE OF THE
PUBLICATIONS.
DAMAGES
EXCLUDED
HEREUNDER INCLUDE, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, LOSS OF MARKET
VALUE, LOSS OF REVENUE OR PROFIT AND
COSTS OF REPLACEMENT TRANSPORTATION,
NOTWITHSTANDING ANY PRIOR NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES.

6.

Termination; Suspension. Gulfstream reserves the

right to terminate or suspend a Customers subscription
service and the license granted hereunder in the event
that (a) Customer has violated the terms or conditions
of hereof, as determined by Gulfstream in its
reasonable discretion, or (b) Customer, or any of its
affiliates, has a past due account receivable with
Gulfstream or any of its affiliates, whether for
Publications, aircraft maintenance services, spare
parts or other goods or services. Customers
obligations under Sections 1 and 2 shall survive
termination of this Agreement.

7.

No Assignment; Customer Credit. Customer shall

not assign this Agreement, including without limitation
the license granted hereunder, to any third party. If the
aircraft for which these Publications were purchased is
sold by Customer before expiration of the then-current
Publications subscriptions period, Gulfstream will grant
the subsequent purchaser a credit equal to the
unexpired term of this subscription for use towards the
purchase of a new Publications subscription and
license that is purchased within thirty (30) days of
aircraft title transfer.

8.

Law and Dispute Resolution. Georgia law shall

govern interpretation and application of the terms of
this Agreement. Any controversy or claim between
arising out of or relating to this Agreement, or the
breach thereof, shall be settled by arbitration in
Savannah, Georgia by three (3) arbitrators under the
Commercial Arbitration Rules of the American
Arbitration Association (AAA) and administered by
the AAA. Each party shall appoint one (1) arbitrator.
The two (2) arbitrators thus appointed shall choose the
third arbitrator, who shall act as chairman. Any award
issued under this Section shall be entitled to
enforcement in any court having jurisdiction.
Notwithstanding the foregoing, either party shall be
entitled to seek equitable relief in a court of competent
jurisdiction and both parties hereby irrevocably consent
to personal jurisdiction in the State and Federal Courts
in Georgia concerning any controversy or claim arising
out of or relating to this Agreement.

9.

Export. Customer shall not export or re-export the

Publications without first complying with all applicable
export laws and regulations, including without limitation
the U.S. Department of Commerce Export
Administration Regulations (EAR) and, if applicable,
the U.S. Department of State International Traffic in
Arms Regulations (ITAR).

10. Merger; Amendment; Severability. This Agreement,

together with the documents into which it is
incorporated, constitutes the entire Agreement
between the parties hereto with respect to the subject
matter hereof. No agreement or understanding varying
the terms and conditions hereof shall be binding upon
either party hereto unless in writing attached hereto
and signed by duly authorized representatives of both
parties. If any provision hereof is found invalid or
unenforceable by a court, the remainder of this
Agreement shall remain valid and enforceable.