GULFSTREAM

GVI (G650)

Revision 2
September 30, 2013

©2013 Gulfstream Aerospace Corporation

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Terms and Conditions
These terms and conditions apply to the Customer’s 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 Gulfstream’s 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 Gulfstream’s suppliers or
other third parties. All rights are reserved, and Customer obtains
no rights of ownership to Gulfstream’s 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 section’s revision date (″Defect″). Customer’s
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 GULFSTREAM’S 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 GULFSTREAM’S 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 Customer’s 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. Customer’s
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.