Effective: Sep 28, 2020

This License Agreement ("Agreement") along with our Terms of Use https://www.scottipc.com/terms-of-use and Privacy Policy https://www.scottipc.com/privacy-policy is a binding agreement between you ("Licensee" or "you" or “your”) and Scott International Procedures, LLC, its parent company, their respective parents, affiliates, and the assignees of each, and their respective directors, officers, employees, and agents (collectively "Scott International Procedures, LLC" or “we,” “us,” and “our”). This Agreement governs your use of the Scott International Procedures, LLC iOS application (including all Updates and related documentation, the "App").

BY DOWNLOADING, INSTALLING, OR USING ANY PART OF THE APP AND ANY UPDATES THERETO, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE ANY PART OF THE APP.

Accounts and Registration. To access services provided through this App you need to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You may not allow any other person or entity to access or use your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at This email address is being protected from spambots. You need JavaScript enabled to view it.

Third Party Fees. Your use of the App may incur third party fees, such as fees charged by your carrier for data usage, and may be subject to third party terms, such as your carrier’s terms of service, and you agree to pay all of those fees and abide by all of those terms. You are solely responsible for all of those fees incurred by you for use of the App

Use of Location-based Data. The App may include certain features or services that rely upon device-based location information, which use GPS and other location identification systems. To provide those features or services, where available, we may collect, use, transmit, process, and maintain your location data, including, but not limited to, the geographic location of your device and information related to your account and any devices registered thereunder, as further described in the Privacy Policy at https://www.scottipc.com/privacy-policy. You hereby agree and consent to our collection, use, transmission, processing, and maintenance of that location and account data to provide and improve those features or services.

Consent to Electronic Communications. By using the App, you consent to receiving certain electronic communications from us as further described in this agreement or our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. You agree that we may send periodic email newsletters to email
addresses used to subscribe to the App or otherwise register with us in connection with the services provided through the App. To be excluded from these mailings, send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. indicating the email address you want removed. If you are a European citizen and the General Data Protection Regulation (“GDPR”) applies to you, you can find details about your rights under GDPR at https://www.scottipc.com/privacy-policy.

NAVBLUE. Some information displayed by the App may be solely generated by the App, and may not be information derived from NAVBLUE. NAVBLUE Data may not contain all of the navigation data existing worldwide, and you should make no assumption otherwise. The App may not utilize all NAVBLUE Data` included in the industry recommended standard for aeronautical data, Aeronautical Radio, Inc. Specification 424, Navigation System Data Base (“ARINC 424”) NAVBLUE Data utilized by Scott International Procedures, LLC may be only a subset of the data available from NAVBLUE.

End User Responsibilities. You acknowledge and agree that you are the “end-user” of the Data that is the subject of these Additional Terms, 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. NAVBLUE Data] meets the quality for its intended application rests with the end-user of that data.”You further acknowledge and agree that you will be thoroughly and appropriately trained on the use of the App and the contents of the database or depiction of any feature in the App including, among other things, its limitations and differences from other electronic applications. It is your responsibility as the end user to ensure all data contained in the App is current at time of use.

Notice Regarding Apple and Third Parties. If you are using our App on an iOS device, you acknowledge that this Agreement is between you and us only, not with Apple, and Apple is not responsible for the App or its content. Apple has no obligation to furnish any maintenance or support services with respect to the App. Apple is not responsible for addressing any claim by you or any third party relating to the App or your possession or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third partyclaim that the App or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement , Apple will have the right (and will be deemed to have accepted the right) to enforce this section of this Agreement against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If Licensee is accepting these terms on behalf of another person or legal entity, Licensee represents that Licensee has the authority to enter into this Agreement on their behalf.

Revisions to these Terms. Scott International Procedures, LLC reserves the right to change or modify non-material terms and conditions of this Agreement at any time. The most current
version of this Agreement can be reviewed at https://www.scottipc.com/license-agreement. Licensee should visit this location every time an Update is installed to review the new Agreement. Any changes or modifications to this Agreement will be effective on the date the change or modification is made. Licensee’s use of the App following the date of any changes or modifications will constitute Licensee’s acceptance of the then-current Agreement.

1.Intellectual Property and License Grant.

1.1.License Grant. Subject to the terms of this Agreement, Scott International Procedures, LLC grants you a limited, non-exclusive, and non-transferable license to: a) download, install, and use the App for your internal business purposes strictly in accordance with the App’s documentation; and b) access, stream, download, and use the Content and Services (as defined in Section 3) made available in or otherwise accessible through the App, strictly in accordance with this Agreement.

1.2.Ownership and Intellectual Property Rights. Scott International Procedures, LLC is the owner or authorized licensor of the App, including its Scott Plot Electronic Plotting Chart (but excluding any underlying data obtained from third party sources), which are protected by copyright. Scott International Procedures, LLC retains all rights, title and interest in the copyrights, patents, trade secrets, trademarks, and other intellectual property in the App. Material from Eagle Cap Software, Inc. and NAVBLUE, Inc. has been used by agreement with Eagle CapSoftware, Inc. and NAVBLUE, Inc. The App provided hereunder may contain third party data provided by the avionics manufacturer in whose avionics system the App will be used as well as data contained in the International Cockpit Reference Handbook (ICRH). Scott International Procedures, LLC disclaims any and all responsibility and liability whatsoever for such third party data.

1.3.Restrictions on Use. Except as otherwise explicitly authorized herein, Licensee may NOT: (a) copy, reproduce, reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the App or any part of thereof; (b) electronically transfer the App to multiple computers over a network system; (c) distribute copiesof the App or accompanying materials to others; (d) modify, adapt, or translate the App or create derivative works or improvements, whether or not patentable, based on the App; d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof; e) assign, rent, lease, lend, sell, transfer, sublicense, publish or sublease or otherwise make available the App, orany features or functionality of the App, to any third party for any reason; f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or g) use the App as a primary navigation source with an operational internal Aircraft Navigation System unless the internal aircraft navigation system or systems are suspect as faulty and unable to provide reliable positioninformation in which case the app may be used to supplement Dead Reckoning situational awareness guidance based on the operators knowledge and procedures, or use the GPS position information in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; Primary position source for aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

1.4.Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. ScottInternational Procedures, LLC and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

1.5.Updates. Scott International may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, ("Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Scott International Procedures, LLC has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

1.6.Acknowledgement. In the event Licensee licenses the App on a one-time or periodic basis (i.e., without any regularly scheduled updates), Licensee acknowledges it is Licensee’s sole and exclusive obligation to ensure that the App is the most current data available prior to its use.

1.7.NAVBLUE. NAVBLUE is the owner or authorized licensor of the NAVBLUE Data (but excluding the underlying data obtained from third party source) which is protected by copyright. NAVBLUE retains all rights, title and interest in the copyrights, patents, trade secrets, trademarks, and other intellectual property in the NAVBLUE Data. The NAVBLUE Data provided hereunder may contain additional third party data and Scott International Procedures, LLC disclaims any and all responsibility and liability whatsoever for such third party data.

2.Collection and Use of Information. You acknowledge that when you download, install, or use the App, Scott International Procedures, LLC may use automatic means to collect information about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Privacy Policy located at https://www.scottipc.com/privacy-policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

3.Content and Services.
The App may provide you with access to Scott International Procedures, LLC products and services accessible thereon, including but not limited to the Scott Plot Electronic Plotting Chart (ScottPlot™). Certain features, functionality, and content accessible on or through the Application may be hosted on our web site (collectively, "Content and Services").

4.Geographic Restrictions. The App and its Content and Services are based in the state of Colorado in the United States. Licensee acknowledges that Licensee may not be able to access all or some of the App and its Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If Licensee accesses the App or its Content and Services from outside the United States, Licensee is responsible for compliance with local laws.

5.Term And Termination.

5.1.Term. The Term commences when you are permitted access to and install the App and will continue in effect in accordance with our Terms of Use.

5.2.Termination. This Agreement will automatically terminate (a) upon termination, cancellation and/or non-renewal of Licensee’s App subscription, (b) upon expiration of the App, or (c) if Licensee fails to comply with or violates any provision of this Agreement or any applicable law. In the event Scott International Procedures, LLC becomes unable to support a specific App subscription, Scott International Procedures, LLC, in its sole discretion, may terminate such subscription by providing notice to Licensee. In such event, Scott International Procedures, LLC will refund the prorated portion of any prepaid amount paid by Licensee from the date of such termination.

6.DISCLAIMER OF WARRANTIES.

6.1.ASSUMPTION OF RISK. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIS APP IS AT LICENSEE’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH LICENSEE. SCOTT INTERNATIONAL PROCEDURES, LLC SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR:

(i)THE FUNCTIONALITY OF THE APP AND ALL OTHER TOOLS UTILIZED TO REFORMAT AND INTEGRATE THE NAVBLUE DATA INTO THE APP;

(ii)THE ACCURATE TRANSLATION, REPRODUCTION, AND REFORMATTING OF NAVBLUE DATA BY THE APP AND ALL OTHER TOOLS;

(iii)THE MANNER IN WHICH THE APP UTILIZES AND DISPLAYS THE NAVBLUE DATA; AND

(iv)ANY THIRD PARTY DATA PROVIDED BY SCOTT INTERNATIONAL PROCEDURES, LLC AND INCLUDED IN THE NAVBLUE DATA.

6.2.DISCLAIMER AND RELEASE. THE CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS, LIABILITIES AND WARRANTIES (IF ANY) OF SCOTT INTERNATIONAL PROCEDURES, LLC AND REMEDIES OF LICENSEE SET FORTH HEREIN ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND LICENSEE HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS AND LIABILITIES OF SCOTT INTERNATIONAL PROCEDURES, LLC, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF LICENSEE AGAINST SCOTT INTERNATIONAL PROCEDURES, LLC, EXPRESS ORIMPLIED, ARISING BY LAW, EQUITY OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, THE APP PROVIDED HEREUNDER AND ANY NONCONFORMANCEOR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH APP, INCLUDING BUT NOT LIMITED TO: A) ANY IMPLIED WARRANTY OFMERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS; B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING IN STRICT LIABILITY OR IN TORT, WHETHER ORNOT ARISING FROM THE NEGLIGENCE OF SCOTT INTERNATIONAL PROCEDURES, LLC; AND D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR OR DAMAGE TO ANY PROPERTY OF LICENSEE, INCLUDING WITHOUT LIMITATION ANY AIRCRAFT.

6.3.EXCLUSION OF SPECIFIED LOSSES AND DAMAGES. SCOTT INTERNATIONAL PROCEDURES, LLC WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER, (i) WHETHER ARISING IN LAW, EQUITY, CONTRACT(INCLUDING BUT NOT LIMITED TO WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF SCOTT INTERNATIONAL PROCEDURES, LLC), STRICT LIABILITY, OR OTHERWISE AND (ii) WHETHER SUCH LOSSES ORDAMAGES ARE DIRECT, INDIRECT OR OTHERWISE, FOR: A) LOSS OF USE, REVENUE, PROFIT, ANTICIPATED SAVINGS, BUSINESS VALUE, OPPORTUNITY OR GOODWILL; B) LOSS OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION; C) LOSS OR DAMAGES RESULTING FROM DELAY IN PERFORMANCE AND COST OF SUBSTITUTE PROCUREMENT; D) LOSS OR DAMAGES RESULTING FROM REPRODUCTION OR RECOVERY OF DATA OR INFORMATION WHICH IS LOST, CORRUPTED OR DAMAGED IN ANY OTHER MANNER, WHETHER IN WHOLE OR IN PART; OR E) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, EXEMPLARY OR PURE ECONOMIC LOSSES OR DAMAGES IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

7.Limitation of Liability.

7.1.MAXIMUM LIABILITY. IN NO EVENT WILL SCOTT INTERNATIONAL PROCEDURES, LLC’S TOTAL LIABILITY, WHETHER IN CONTRACT (INCLUDING BUT NOT LIMITED TO WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF SCOTT INTERNATIONAL PROCEDURES, LLC), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMTED TO THE USE OF OR INABILITY TO USE THE APP EXCEED THE GREATER OF (i) THE PURCHASE PRICE OF THE APP FOR THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD OR (ii) $100.00 USD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7.2.Applicable Law. If a court of competent jurisdiction determines that applicable law implies warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on Scott International Procedures, LLC’s liability set forth in this section will apply to the fullest extent permitted by law. If Scott International Procedures, LLC cannot exclude or limit a warranty or liability implied by law, this Agreement will be read and construed subject to such provisions of law.

8.Indemnification. Licensee will indemnify and hold harmless Scott International Procedures, LLC and its licensors, contractors, subcontractors and agents 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 employees of Licensee but not employees of Scott International Procedures, LLC, or for loss of or damage to any property, including without limitation any aircraft, arising out of or in any way relating to the utilization and/or processing of the App or any other things provided to Licensee under this Agreement, whether or not arising in strict liability or tort or occasioned by the negligence of Scott International Procedures, LLC. Licensee’s obligations under this indemnity will survive the expiration, termination, completion or cancellation of this Agreement.

9.Export Regulation and Compliance. Licensee is responsible for its compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the governments of the United States and, if applicable, other countries. Licensee will not attempt to, or knowingly export or re-export the App or any products using such App covered under this Agreement to any country, or national thereof, prohibited from obtaining the App, either directly or indirectly through affiliates, licensees or subsidiaries of Licensee.

10.Third-Party Materials.

10.1.Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services ("Third-Party Materials"). You acknowledge and agree that Scott International Procedures, LLC is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Scott International Procedures, LLC does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

10.2.Use of the Eagle Cap, Inc. Data.

(i)The App integrates third-party software licensed by Eagle Cap Software, Inc. (“Eagle Cap”) to provide aviation chart and map rendering (“Eagle Cap Software”). Licensee may not use any of the Eagle Cap Software except as provided in the App. Licensee acknowledges and agrees that the Eagle Cap Software is the confidential and proprietary property of Eagle Cap, and except to the extent expressly authorized in this Agreement, Licensee receives no rights to and will not sell, assign, lease, market, transfer, encumber or otherwise suffer to exist any lien or security interest on, nor allow any third person, firm, company, or other entity to copy, reproduce or disclose the Eagle Cap Software, whether in whole, in part, or in any manner whatsoever. Licensee will use its best efforts to prevent inadvertent disclosure of the Eagle Cap Software to any unauthorized third party, either during the term of this Agreement or thereafter. Licensee agrees to instruct its personnel to keep the Eagle Cap Software confidential by using the same care and discretion that they use with other data designated by Licensee as confidential.

(ii)Licensee acknowledges that the Software is designed, made, and intended for situational use only and is not designed, made, or intended for any use that could lead directly to death, personal injury or severe physical or environmental damage (“Unintended Uses”). In the event any of Eagle Cap Software is used for any Unintended Uses, Licensee shall indemnify and hold Licensor and its suppliers, successors and assigns harmless from any claims, losses, costs, damages, expenses, or liability arising out of or in connection with any such Unintended Uses.

(iii)IN NO EVENT WILL EAGLE CAP OR SCOTT INTERNATIONAL PROCEDURES, LLC BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF THE PARTY TO BE CHARGED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EAGLE CAP’S OR SCOTT INTERNATIONAL PROCEDURES, LLC’S TOTAL LIABILITY UNDER ANY OR ALL PROVISIONS OF THIS AGREEMENT FOR ALL CAUSES OF ACTION ON A CUMULATIVE BASIS EXCEED THE PAYMENTS ACTUALLY MADE TO SCOTT INTERNATIONAL UNDER THIS AGREEMENT OR UNDER THE PURCHASE AGREEMENT.

10.3.Use of the NAVBLUE, Inc. Data. The App integrates a tailored electronic aeronautical navigation database provided under license from NAVBLUE, Inc. and formatted in ARINC 424 standard (the “NAVBLUE Database”). Licensee may solely use the NAVBLUE Database as part of its use of the oceanic plotting charts provided as part of the App. Licensor may under no circumstances copy the NAVBLUE Database or permit a third party to copy, use, or have access to the NAVBLUE Database.

10.4.Use of the International Cockpit Reference Handbook Data. The InternationalCockpit Reference Handbook (“ICRH®”) is intended to be used in conjunction with the aircraft operator’s knowledge, approved operations manuals, aircraft manuals, regulatory guidance and source documents produced by applicable airspace management groups or aeronautical information publications of the responsible country under agreement to ICAO Chicago Convention of 1947 as amended. The ICRH has been designed as a guide and in no way should be considered a substitute for authoritative guidance and regulations published within the respective aeronautical information publication responsible for the airspace of operations. Included in the ICRH are “Scott Notes” which clarify the intended application of complex rules written ambiguously. Although the greatest care has been taken in order to reflect the most accurate information and interpretation of procedures available at the time of printing, Scott International Procedures, LLC makes no implied or intended warranties or guarantees as to the accuracy of the information at the time of publication or usage and any consequent results. Scott International Procedures, LLC shall neither have liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, by the use of information, descriptions or conclusions contained in the ICRH.

11.Additional Terms for Use of Scott International Procedures, LLC Scott Plot Electronic Plotting Chart.

11.1.License. Scott International Procedures, LLC Scott Plot Electronic Plotting Chart (“Electronic Plotting Chart™”) are licensed, not sold to Licensee for each subscription purchased, Licensee may download the Electronic Plotting Chart into Licensee’s personal or company iOS device, aircraft assigned iOS device, computer for the sole and exclusive purpose of programming Licensee’s alternative media to be used in accordance with this Agreement

11.2.Acknowledgements. Licensee acknowledges, agrees and understands that:

(i)the Electronic Plotting Chart has been developed to provide position situational awareness for flight crews operating in international oceanic airspaces, and operations conducted in domestic airspaces worldwide. Data presented to the user in the electronic Plotting Chart is independently available from publications of the appropriate governing authority and/or other third parties; and

(ii)the Electronic Plotting Chart is designed for use by experienced, instrument-rated pilots who must be thoroughly familiar and competent with the navigation of aircraft worldwide. The user of the Electronic Plotting Chart should also be thoroughly familiar with the features, processes and function of the Electronic Plotting Chart; and

(iii)the Electronic Plotting Chart is not intended to replace in any way published instrument procedures which are designed, flight-tested, approved, authorized and prescribed by applicable governing authorities. Scott International Procedures, LLC does not review or approve the adequacy, reliability, accuracy, safety or conformance with government standards of any government flight procedure or information, and it specifically has undertaken no such duty. Scott International Procedures, LLC’s Electronic Plotting Chart simply depicts in agraphic form aircraft position with tools presented to verify and complete certain navigational positional verification tasks, convenient for the use of knowledgeable, instrument-rated pilots trained in the operation of aircraft in flight over the high seas; and

(iv)The Electronic Plotting Chart contains a wide variety of information useful to pilots which Scott International Procedures, LLC has obtained from many outside sources. Scott International Procedures, LLC may have edited this source material, and has arranged and published it in a convenient, easy-to-use format.

(v)The App is designed for use by experienced and knowledgeable (a) 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 (b) 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. Scott InternationalProcedures, LLC iOS App does NOT contain all information necessary to independently conduct instrument or visual flight procedures or plan or execute all aspects of a flight. Scott InternationalProcedures, LLC must be used in conjunction with the appropriate aeronautical charts and other information available to pilots, flight dispatchers, flight planners and others through a variety of sources. The App including our services is to only be used in conjunction with airspace operational policies and guidance and in no way is the App a replacement to those policies and guidance.

12.Miscellaneous Provisions.

12.1.Entire Agreement. This Agreement together with the Privacy Policy and any documents referred to herein constitute the entire agreement between you and Scott InternationalProcedures, LLC with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

12.2.Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

12.3.Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in Ft Collins and Larimer County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. WHERE PERMITTED BY APPLICABLE LAW YOU AND SCOTT INTERNATIONAL PROCEDURES, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Scott International Procedures, LLC agree, no judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

12.4.Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

12.5.Conflicting Documents. In the event Licensee issues a purchase order for its request of the App, the terms and conditions therewith are hereby rejected by Scott International Procedures, LLC and this Agreement will govern and take precedence over such purchase order. In the event that Licensee has entered into a written agreement with Scott International Procedures, LLC for the App, the written agreement will override all terms of this Agreement. Except as expressly permitted above, this Agreement may be amended only by a written agreement signed by authorized representatives of you and Scott International Procedures, LLC.

12.6.Translations. Any translation of this Agreement that is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement will govern.

12.7.Assignment. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice or consent.