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Aireon ALERT Website Terms of Use

Effective Date: March 1, 2018

1.​ PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE AIREON AIRCRAFT LOCATING AND EMERGENCY RESPONSE TRACKING SERVICES (THE “AIREON ALERT℠ SERVICES”) PORTAL HOSTED BY AIREON LLC (THE “AIREON ALERT℠ PORTAL”) AND POWERED BY THE IRISH AVIATION AUTHORITY (“IAA”), YOU ACKNOWLEDGE AND AGREE (A) TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE (THE “TERMS”); AND (B) THAT THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU AND, IF YOU ARE ACTING ON BEHALF OF ANOTHER PERSON OR ORGANIZATION, ON SUCH OTHER PERSON OR ORGANIZATION (COLLECTIVELY, “YOU”).

IF YOU DO NOT AGREE TO THESE TERMS OR ANY PART THEREOF, DO NOT USE THIS AIREON ALERT PORTAL.

2.​ Conditioned upon your continued compliance with these Terms, Aireon grants you the right to access and use the Aireon Alert Portal. The Aireon Alert Portal is for informational purposes only, and you will not be able to receive Automatic Dependent Surveillance-Broadcast (ADS-B) Data (“Aireon Data”) via this Aireon Alert Portal. To receive Aireon Data, will need to register with IAA. By clicking on the register button to receive Aireon Data, you will be navigated to IAA’s website and registration page, at which point you will be registering with IAA, not Aireon, to receive the Aireon Data. You acknowledge and agree that these Terms do not apply to your registration with IAA for the Aireon Data, but rather any IAA registration and end user terms, including any IAA privacy policy, will apply to your registration.

3.​ Aireon grants to You a limited, non-sublicenseable, non-exclusive, non-transferable, limited, personal license to use the Aireon Alert Portal to learn and receive information concerning the Aireon Alert Services. No other rights of use are provided. Except for this limited license, You are prohibited from, and agree not to: (a) reverse engineer, disassemble, decompile or otherwise attempt to access or determine the Aireon Alert Portal code; (b) re-distribute any content published in the Aireon Alert Portal (“Content”) that is not expressly made available for subsequent distribution by Aireon and IAA; (c) engage in any misuse, malicious, unethical or illegal behavior in connection with access to or use of the Aireon Alert Portal (including without limitation, submitting malicious code or engaging in other activity designed to compromise the availability, security or data of the Aireon Alert Portal or data relating to any other user, or accessing, using or otherwise retrieving data that does not relate to You, or using any data in contravention of applicable law); (d) remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Aireon Alert Portal webpages or Content; (e) use any robot, spider, offline reader, script, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation on the Aireon Alert Portal; and (f) use the Aireon Alert Portal or its Contents in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Aireon Alert Portal and/or contents in any way including, without limitation, by manual or automatic device or process for any purpose.

4.​ The Aireon Alert Portal and all intellectual property rights therein, is only licensed to You as provided above, and is not being sold to You. All rights in the Aireon Alert Portal not provided to You under these Terms are expressly retained by Aireon and its licensees.

5. ​USE OF THE AIREON ALERT PORTAL AND THE CONTENT IS PROVIDED ON AN “AS IS”, “WHERE IS” AND ON “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AIREON, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PORTAL AND YOUR USE OF THE AIREON ALERT PORTAL AND THE CONTENT. AIREON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AIREON ALERT™ PORTAL’S AND THE CONTENT’S FITNESS FOR USE, NON-INFRINGEMENT, AVAILABILITY OR RELIABILITY, ACCURACY OR SECURITY. AIREON DISCLAIMS ANY AND ALL REPRESENTATIONS AND/OR WARRANTIES THAT THE AIREON ALERT PORTAL AND THE CONTENT IS 100% SECURE. AIREON CANNOT AND DOES NOT GUARANTEE OR WARRANT THE AIREON ALERT PORTAL, CONTENT OR THEIR SECURITY COMPONENTS AGAINST BREACHES OF SECURITY, THE INTERRUPTION OF THE SYSTEM OR USER ERROR OR MISUSE.

6.​ YOU HEREBY RELEASE AIREON AND AIREON AFFILIATED PARTIES FROM ANY AND ALL CLAIMS THAT ARISE OUT OF, ARE BASED UPON, OR ARE IN ANY WAY RELATED TO, ANY ACTION, OR FAILURE TO ACT, BY AIREON OR AIREON AFFILIATED PARTIES IN CONNECTION WITH ACCESS TO AND USE OF THE AIREON ALERT PORTAL AND THE CONTENT. YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT TO SUE OR PROCEED IN COURT OR ANY OTHER JUDICIAL FORUM ON THE BASIS OF ANY LEGAL CLAIM AGAINST AIREON AND AIREON AFFILIATES AND LICENSEES WITH RESPECT TO ANY CLAIMS RELATING TO ACCESS TO AND USE OF THE AIREON ALERT PORTAL AND THE CONTENT.

7.​ IN NO EVENT WILL AIREON OR ANY AIREON’S AFFILIATES AND LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR NONPERFORMANCE OF OBLIGATIONS UNDERTAKEN IN THESE TERMS, INCLUDING RESULTING FROM ANY (a) ERRORS, MISTAKES, SECURITY VULNERABILITIES, OR INACCURACIES IN THE AIREON ALERT PORTAL AND THE CONTENT, (b) INJURY OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF THE AIREON ALERT™ PORTAL AND THE CONTENT, (c) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE AIREON ALERT PORTAL AND THE CONTENT, (d) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE AIREON ALERT PORTAL AND THE CONTENT BY ANY THIRD PARTY, (e) DENIAL OF USE OR ANY MISUSE OR MALICIOUS SECURITY EXPLOIT INVOLVING THE AIREON ALERT PORTAL AND THE CONTENT, AND/OR (f) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE, COMPROMISE, OR LOSS OF PERSONAL DATA AND CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AIREON ALERT PORTAL AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION.

8. ​Aireon reserves the right to modify these Terms at any time. Please review the contents of these Terms frequently, as Aireon may amend them from time to time to reflect changes in its general rules and policies governing Your use of the Aireon Alert Portal. Amendments will become effective when posted in the Aireon Alert Portal. Use of the Aireon Alert Portal by You following such an update constitutes your acceptance of the revised Terms. These Terms are governed by the laws of the Commonwealth of Virginia. You agree that any action arising solely out of these Terms or Your use of the Aireon Alert Portal shall be brought in state or federal court in the State of Virginia, and You consent to the jurisdiction of such courts.

9.​ Should You have any questions or concerns about these Terms, please email Aireon at info@aireon.com.

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You are leaving the Aireon ALERT website, hosted by Aireon LLC. The registration to the Aireon ALERT service is maintained and managed by the Irish Aviation Authority (IAA). Any information you provide when registering is provided to the IAA, and will be subject to IAA’s Aireon ALERT End User Terms and the IAA Privacy Policy.

You are leaving the Aireon ALERT website, hosted by Aireon LLC. The registration to the Aireon ALERT service is maintained and managed by the Irish Aviation Authority (IAA). Any information you provide when registering is provided to the IAA, and will be subject to IAA’s Aireon ALERT End User Terms and the IAA Privacy Policy.

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