# Terms for X-Plane 11

You agree to use X-Plane for non-commercial purposes only. (See X-Plane.com/pro/ for information on professional licenses.)
You agree to not make copies of X-Plane.
You agree to not distribute the artwork from X-Plane, or any derivative thereof, without permission from Laminar Research.


# Privacy Policy

Laminar Research can collect anonymous usage information at the user’s discretion. This option can be toggled off or on in the following places:

    the X-Plane installer,
    the Settings > General screen in X-Plane 11

Laminar Research will only collect usage information from users who have the checkbox enabled.
All information we collect is anonymous; it does not include contact information like your name or email address. We can never use the information collected to contact you in any way.


# Additional Terms for Jeppesen Data

YOU (herein also “End-User”) HAVE LICENSED JEPPESEN’S NAVDATA (“DATA”) (called “Products” hereinafter) FROM NAVIGRAPH KB (“OEM”) UNDER AN AGREEMENT (herein “Agreement”). PLEASE READ THE FOLLOWING ADDITIONAL TERMS (“Additional Terms”) PROVIDED TO YOU BY OEM CAREFULLY BEFORE USING THE PRODUCTS. THESE ADDITIONAL TERMS ARE LEGALLY BINDING UPON YOU IN ADDITION AND AS AN INTEGRAL PART OF THE AGREEMENT. BY YOUR BELOW SIGNATURE, END-USER IS AGREEING TO EACH TERM OF THESE ADDITIONAL TERMS AS PART OF THE AGREEMENT INCLUDING THE RESTRICTIONS ON USE, DISCLAIMERS AND LIMITATION OF LIABILITIES. ANY USE OF THE PRODUCTS WILL ALSO CONSTITUTE YOUR AGREEMENT WITH THESE ADDITIONAL TERMS AS PART OF THE AGREEMENT. In case of a conflict between the Agreement and anything stated in these Additional Terms, these Additional Terms shall govern and prevail.

1. ACKNOWLEDGEMENTS

a. End-User acknowledges that the Agreement is concluded solely between OEM and End-User, and not with Jeppesen GmbH and/or Jeppesen Sanderson Inc. (“Jeppesen”). The parties acknowledge that OEM (and not Jeppesen) is responsible for addressing any claims of the End-User relating to the Products.
End-User acknowledges and agrees that Jeppesen is in respect of these Additional Terms a third party beneficiary of the Agreement, and that upon End-User’s acceptance of the Additional Terms, Jeppesen will have the right (and will be deemed to have accepted the right) to enforce the Additional Terms against End-User as a third party beneficiary of the Agreement.

b. End-User acknowledges and agrees that each NavData database is effective for the specific 28-day AIRAC cycle period for which it was produced. Jeppesen has no liability or responsibility of any kind for the use of NavData by End-User after the expiration of its AIRAC effectivity cycle. End-User agrees that any use of the NavData after the expiration date of the AIRAC effectivity cycle will be at the End-User's sole risk and responsibility.

c. Information contained in NavData is independently available from publications of the appropriate governing authority. NavData are 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. The NavData does NOT contain all information necessary to independently conduct instrument or visual flight procedures or plan all aspects of a flight. The NavData 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. Pilots must conduct flight procedures in accordance with the information depicted on aeronautical charts.

d. Some information displayed by the system on which NavData is installed (“System”) may be solely generated by the System, and may not be information derived from Jeppesen NavData. The NavData provided hereunder may not contain all of the navigation data existing worldwide, and End-User should make no assumption otherwise. The System may not utilize all NavData available from Jeppesen, and the data contained in End-User’s NavData may be only a subset of the data available from Jeppesen.

e. End-User is the “end-user” of the data that is the subject of this Agreement, and 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.

f. End-User is solely responsible for (i) thoroughly and appropriately training its users on the use of the System and the contents of any reformatted data derived from NavData, including, among other things, its limitations and differences
from Jeppesen NavData, and (ii) training its users to confirm that the database information the user selects in the System is the database information the use intends to select.

2. OWNERSHIP/COPYRIGHT. Jeppesen is the owner or authorized licensor of the Products, which is protected by copyright. Material from the Australian Aeronautical Information Publication has been used by agreement with Airservices Australia. The Products provided hereunder may contain third party data provided by the avionics manufacturer in whose system the Products will be used and Jeppesen disclaims any and all responsibility and liability whatsoever for such third party data.

3. RESTRICTIONS ON USE. The Products may not be used for any other purpose, nor be sold or given by End-User to any third party for any use. Use of the Data by End-User to generate aviation charts or maps, whether for reference only or actual air navigation, is expressly prohibited. The Products cannot be used for performance based navigation procedure design (RNAV-RNP). End-User will NOT: (a) copy, reproduce, reverse engineer, decompile, disassemble or publish the Data;(b)electronically transfer the Products to multiple computers over a network system; (c) distribute copies of the Products or accompanying materials to others; (d) modify, adapt, or translate the Products or create derivative works based on the Products; or (e) assign, rent, lend, sell, transfer or sublease the Products.

4. WARNINGS: PRODUCTS RELATED ALERTS AND NOTICES (“ALERTS”) ARE PUBLISHED ON JEPPESEN’S NOTICES AND ALERTS WEBPAGE ACCESSIBLE VIA WWW.JEPPESEN.COM. CHANGES MAY OCCUR AT ANY TIME AND END-USER AGREES TO REGULARLY MONITOR JEPPESEN’S NOTICES AND ALERTS WEBPAGE AS APPROPRIATE FOR ITS TYPE OF OPERATION.

5. NO WARRANTY: END-USER ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT THE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER.

6. DISCLAIMER AND RELEASE: THE CONDITIONS, REPRESENTATIONS, GUARANTIES, OBLIGATIONS, LIABILITIES AND WARRANTIES (IF ANY) OF JEPPESEN AND REMEDIES OF END-USER SET FORTH HEREIN ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND END-USER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF END-USER AGAINST JEPPESEN, EXPRESS OR IMPLIED, ARISING BY LAW, EQUITY OR OTHERWISE, WITH RESPECT TO ANY END-USER-SUPPLIED INFORMATION, THE PRODUCTS PROVIDED HEREUNDER AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH PRODUCTS,INCLUDING BUT NOT LIMITED TO: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING IN STRICT LIABILITY OR TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JEPPESEN; AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY PROPERTY OF END-USER, INCLUDING WITHOUT LIMITATION ANY AIRCRAFT.

7. EXCLUSION OF SPECIFIED LOSSES AND DAMAGES: JEPPESEN 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 JEPPESEN), STRICT LIABILITY OR OTHERWISE AND (ii) WHETHER SUCH LOSSES OR DAMAGES ARE DIRECT, INDIRECT OR OTHERWISE, FOR: (i) LOSS OF USE, REVENUE, PROFIT, ANTICIPATED SAVINGS, BUSINESS VALUE, OPPORTUNITY OR GOODWILL; (ii) LOSS OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION; (iii) LOSS OR DAMAGES RESULTING FROM DELAY IN PERFORMANCE AND COST OF SUBSTITUTE PROCUREMENT; (iv) LOSS OR DAMAGES RESULTING FROM REPRODUCTION OR RECOVERY OF PRODUCTS OR INFORMATION WHICH IS LOST, CORRUPTED OR DAMAGED IN ANY OTHER MANNER, WHETHER IN WHOLE OR IN PART; OR (v) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PURE ECONOMIC LOSSES OR DAMAGES; IN ANY WAY ARISING OUT OF OR RELATED TO THE AGREEMENT.

8. INDEMNIFICATION: End-User agrees to indemnify and hold harmless Jeppesen and its subcontractors 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 End-User but not employees of Jeppesen, or for loss of or damage to any property, including any aircraft, arising out of or in any way relating to End-User’s utilization of the Products or any other things provided hereunder, whether or not arising in strict liability or tort or occasioned by the negligence of Jeppesen. End-User’s obligations under this indemnity will survive the expiration, termination, completion or cancellation of the Agreement.

9. For purposes of Sections 6. (Disclaimer and Release), 7. (Exclusion of SpecifiedLosses and Damages) and 8. (Indemnification), the term “Jeppesen” includes its parent companies (at any tier), its divisions, subsidiaries and affiliates, the assignees of each, and their respective directors, officers, employees and agents.

10. LIMITATION OF LIABILITY: THE MAXIMUM LIABILITY OF JEPPESEN UNDER THE AGREEMENT SHALL BE ONE THOUSAND EUROS.

11. If a court of competent jurisdiction determines that relevant laws in force may imply warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on Jeppesen’s liability set forth in this Section shall apply to the fullest extent permitted by law. If Jeppesen cannot exclude or limit a warranty or liability implied by law, these Additional Terms shall be read and construed subject to such provisions of law.

12. EXPORT COMPLIANCE. End-User shall be 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 U.S. and, if applicable, other countries. End-User shall not attempt to, or knowingly export or re-export the Products covered under the Agreement to any country, or national thereof, prohibited from obtaining Products, either directly or indirectly through affiliates, or subsidiaries of End-User. Each party shall, at its sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to conduct its respective activities hereunder. Nothing in this clause releases End-User from any obligation stated elsewhere in the Agreement not to disclose the Products.

13. GOVERNING LAW. ANY DISPUTE, CONTROVERSY OR CLAIM AGAINST JEPPESEN ARISING OUT OF OR RELATING TO THE PRODUCTS, WHETHER UNDER CONTRACT, TORT OR OTHERWISE, AND THESE ADDITIONAL TERMS ARE GOVERNED BY THE LAWS OF ENGLAND, WITHOUT RECOURSE TO CHOICE OF LAW STATUTES OR PRINCIPLES THAT WOULD OTHERWISE RESULT IN THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.

14. SEVERABILITY. If any term or provision of these Additional Terms is held invalid or unenforceable, such term or provision will be replaced by a valid and enforceable provision containing as close to the original intent of the parties as possible in light of the intent of this Additional Terms. The remainder of this Additional Terms will not be affected thereby and each remaining term and provision of this Additional Terms will be valid and enforceable to the fullest extent permitted by law.

15. AUTHORIZED SIGNATORY. THE SIGNATORY OF THESE ADDITIONAl TERMS WARRANTS TO BE AUTHORIZED TO SIGN THEM ON BEHALF OF BELOW NAMED COMPANY OR STATE AUTHORITY.

Read, understood and agreed to.