Software, Web Site and Mobile Application,

End User License Agreement Version 12-12-2023

This Software, Web Site and Mobile Application End User License Agreement ("Agreement") is a binding
agreement between you ("End User", "Licensee" or "you") and Textron Aviation, Inc. ("Company",
"Licensor", "us", or "we") (each of whom may be referred to hereafter as a "Party" or collectively as the
"Parties"). This Agreement governs your use of the system, software, website, and/or application you are
using, (including but not limited to all related methods, processes, technologies, documentation, data
structures and meta data, the "Application" or "Software").
BY CLICKING THE "AGREE" BUTTON, OR ITS EQUIVALENT, AND/OR BY DOWNLOADING,
INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ
AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR
OLDER; AND (C) 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 THE
APPLICATION AND IF APPLICABLE DELETE IT FROM YOUR COMPUTER OR MOBILE DEVICE.
TERMS NOT DEFINED IN "QUOTATIONS" ARE DEFINED AT THE END OF THIS AGREEMENT.

1. License Grant. Subject to the terms of this Agreement, Company grants to you a limited, non-
exclusive, non-sublicensable and non-transferable license to download, install, and use the Application
for any Permitted Use on your mobile device or computer owned or otherwise controlled by you ("Device")
strictly in accordance with the Application's documentation; and to access, download, and use on such
Device the Content and Services (as defined in Section 6.3) made available in or otherwise accessible
through the Application, strictly in accordance with this Agreement and such other Terms of Use as may
be applicable to such Content and Services as set forth in Section 6.3.

1.1 Copies. Any copy of the Software, such as copies made incidental to made by
Licensee: (a) will remain the exclusive property of Licensor; (b) be subject to the terms and conditions
of this Agreement; and (c) must include all copyright or other Intellectual Property Rights notices
contained in the original.

1.2 Open Source Licenses. To the extent that the Software includes Open Source
Components licensed under a common license protocol (each, an "Open Source License"), any
use of the Open Source Components by Licensee is governed by, and subject to, the terms and
conditions of the Open Source License(s). Listings of applicable Open Source Components are
available upon request.

1.3 Security Measures. The Software may contain technological measures designed to
prevent unauthorized or illegal use of the Software. Licensee acknowledges and agrees that: (a)
Licensor may use these and other lawful measures to verify Licensee's compliance with the terms
of this Agreement and enforce Licensor's rights, including all Intellectual Property Rights, in and to
the Software; (b) Licensor may deny any individual access to and/or use of the Software if Licensor,
in its sole discretion, believes that person's use of the Software would violate any provision of this
Agreement, regardless of whether Licensee designated that person as an Authorized User; and (c)
Licensor and its Representatives may collect, maintain, process and use diagnostic, technical, usage
and related information, including information about Licensee's computers, systems and software,
that Licensor may gather periodically to improve the performance of the Software or develop
Maintenance Releases. This information will be treated in accordance with Licensor's privacy policy,
 as amended from time to time, which can be viewed at: https://txtav.com/en/privacy-policy or a
successor website address.

2. License Restrictions. Except as this Agreement expressly permits, and subject to Section 1.2
with respect to Open Source Components, You shall not, and shall not permit any other Person to:

(a) copy, other than as is incidental to installation as may be applicable, the Software,
in whole or in, except as expressly permitted by this license;

(b) modify, correct, adapt, translate, enhance, or otherwise create or prepare

derivative works or improvements, whether patentable, of the Software;

(c) reverse engineer, disassemble, decompile, decode, or adapt the Software, or

otherwise attempt to derive or gain access to the source code of the Software, in whole or in part;

(d) bypass or breach any security device or protection used, if any, for or contained in
the Software or any Documentation;

(e) remove, delete, alter, or obscure any copyright, trademark, patent, or other
intellectual property or proprietary rights notices from the Application, including any copy thereof;

(f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise
make available the Application, or any features or functionality of the Application, to any third party
for any reason, including by making the Application available on a network where it is capable of
being accessed by more than one device at any time (except where that is enabled in the
functionality of the Software by us);

(g) remove, disable, circumvent, or otherwise create or implement any workaround to

any copy protection, rights management, or security features in or protecting the Application, if
any; or

(h) use the Software in any manner or for any purpose that infringes, misappropriates,
or otherwise violates any Intellectual Property Right or other rights of any Person, or that violates
any applicable Law;

(i) use the Software for purposes of: (i) benchmarking or competitive analysis of the
Software or other Software of our Affiliates or suppliers; (ii) developing, using, or providing a
competing software, product, training, courseware, or service; or (iii) any other purpose that is to
Licensor’s detriment or commercial disadvantage;

(j) use the in, or in association with, the design, construction, maintenance, or
operation of any hazardous environments or systems, including any power generation systems;
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
applications, weapons systems, or environments; or

(k) use (i) the Software or Documentation other than for the Permitted Use, outside of
the Territory or in any manner or for any purpose or application not expressly permitted by this
Agreement or (ii) any Open Source Components in any manner or for any purpose or application
not expressly permitted by the controlling Open Source License.

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 3. Maintenance Releases. During the Term, Licensor may occasionally provide Licensee with all
maintenance releases or Updates (including updated Documentation) that Licensor may, in its sole
discretion, make generally available to its licensees at no additional charge. All Maintenance Releases
provided by Licensor to Licensee are deemed Software. Licensee will install all Maintenance Releases
as soon as practicable after receipt or notice. Licensee does not have any right hereunder to receive any
new versions of the Software that Licensor may, in its sole discretion, release from time to time.

4. Fees and Payment. You may use the Software without the payment of any additional fees,
provided that any other amounts you or your Affiliates owe us, if any, are paid in keeping with the
applicable terms. Further, you agree that we entered into this Agreement with you solely because of your
consent and performance of its terms and that such is a key inducement for us to provide the Software.

5. Confidentiality.

5.1 Confidential Information. In connection with this Agreement, each Party (as the
"Disclosing Party") may disclose or make available Confidential Information to the other Party (as
the "Receiving Party"). Subject to Section 5.2, "Confidential Information" means information in
any form or medium (whether oral, written, electronic or other) that: (a) if disclosed in writing or other
tangible form or medium, is marked "confidential" or "proprietary". Without limiting the foregoing, the
Content and Services, Software and Documentation are the Confidential Information of Licensor.

5.2 Exclusions. Confidential Information does not include information that the Receiving
Party can demonstrate by written or other documentary records: (a) was rightfully known to the
Receiving Party without restriction on use or disclosure prior to such information being disclosed or
made available to the Receiving Party in connection with this Agreement; (b) was or becomes
generally known by the public other than by the Receiving Party's or any of its Representatives'
noncompliance with this Agreement; (c) was or is received by the Receiving Party on a non-
confidential basis from a third party that was not or is not, at the time of such receipt, under any
obligation to maintain its confidentiality; (d) the Receiving Party can demonstrate by written or other
documentary records was or is independently developed by the Receiving Party without reference
to or use of any Confidential Information; or (e) any unsolicited information or material generated by
you or sent to the Company.

5.3 Protection of Confidential Information. As a condition to being provided with any

disclosure of or access to Confidential Information, the Receiving Party shall:

(a) not access or use Confidential Information other than as necessary to exercise
its rights or perform its obligations under and in accordance with this Agreement;

(b) not disclose or permit access to Confidential Information other than to its
Representatives who: (i) need to know such Confidential Information for purposes of the
Receiving Party's exercise of its rights or performance of its obligations under and in
accordance with this Agreement; (ii) have been informed of the confidential nature of the
Confidential Information and the Receiving Party's obligations under this Section; and (iii) are
bound by written confidentiality and restricted use obligations at least as protective of the
Confidential Information as the terms set forth in this Section;

(c) safeguard the Confidential Information from unauthorized use, access or

disclosure using at least the degree of care it uses to protect its similarly sensitive information
and in no event less than a reasonable degree of care;

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 (d) if we are the Disclosing Party, promptly notify the Disclosing Party of any
unauthorized use or disclosure of Confidential Information and take all use its best efforts and
cooperate with Disclosing Party to prevent further unauthorized use or disclosure; and

(e) ensure its Representatives' compliance with and be responsible and liable for
any of its Representatives' non-compliance with, the terms of this Section.

Notwithstanding any other provisions of this Agreement, the Receiving Party's obligations
under this Section with respect to any Confidential Information that constitutes a trade secret under
any applicable Law will continue until such time, if ever, as such Confidential Information ceases to
qualify for trade secret protection under one or more such applicable Laws other than as a result of
any act or omission of the Receiving Party or any of its Representatives.

5.4 Compelled Disclosures. If the Receiving Party or any of its Representatives is

compelled by applicable Law to disclose any Confidential Information then, to the extent permitted
by applicable Law, the Receiving Party will: (a) promptly, and prior to such disclosure, notify the
Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective
order or other remedy or waive its rights under this Section; and (b) provide reasonable assistance
to the Disclosing Party, at the Disclosing Party's sole cost and expense, in opposing such disclosure
or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives
compliance or, after providing the notice and assistance required under this Section, the Receiving
Party remains required by Law to disclose any Confidential Information, the Receiving Party will
disclose only that portion of the Confidential Information that, on the advice of the Receiving Party's
outside legal counsel, the Receiving Party is legally required to disclose and, on the Disclosing
Party's request, will use commercially reasonable efforts to obtain assurances from the applicable
court or other presiding authority that such Confidential Information will be afforded confidential
treatment.

5.5 Residual Information. Notwithstanding any other provision of this Agreement, the
Company shall have the right, at any time during or after the term of this Agreement, to disclose,
publish, disseminate, and use Residual Information for any purpose in its business, provided that the
Company does not, and does not permit its Representatives to, breach its confidentiality obligations
under this Agreement in using such Residual Information. For purposes of this Agreement, the term
"Residual Information" means any confidential information in intangible form (including, without
limitation, ideas, concepts, know-how, or techniques) that is retained in the memory of the
Company’s Representatives who use or have access to such Confidential Information. The
Company shall not have any obligation to limit or restrict the work assignments of any of its
Representatives or to pay the Disclosing Party any royalties for any work product developed in
reliance on or through the use of, in whole or in part, any Residual Information.

6. Intellectual Property Rights.

6.1 Intellectual Property Ownership. You acknowledge and agree that:

(a) the Software and any Documentation is provided under license, and not sold,
to you. You do not acquire nor have under or in connection with this Agreement any ownership
interest in the Software or Documentation, or in any related Intellectual Property Rights;

(b) Licensor and its licensor(s) are the sole and exclusive owners of all right, title,
and interest in and to the Software and Documentation, including all Intellectual Property
Rights relating thereto, subject only to the rights of third parties in Open Source Components,

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 if any, and the limited license granted, and subject to all terms, conditions, and restrictions,
under this Agreement.

(c) You hereby unconditionally and irrevocably assign to us or our designee, your
entire right, title, and interest in and to any Intellectual Property Rights that you may now or
hereafter have in or relating to the Software or Documentation (including any rights in derivative
works or patent improvements relating to either of them), whether held or acquired by operation
of law, contract, assignment or otherwise.

6.2 Collection and Use of Your Information. You acknowledge that when you download,
install, or use the Application, Company may use automatic means (including, for example, cookies
and web beacons) to collect information about your Device and about your use of the Application.
You also may be required to provide certain information about yourself as a condition to downloading,
installing, or using the Application or certain of its features or functionality, and the Application may
provide you with opportunities to share information about yourself with others. All information we
collect through or in connection with this Application is subject to our Privacy Policy
https://txtav.com/en/privacy-policy. By downloading, installing, using, and providing information to or
through this Application, you consent to all actions taken by us with respect to your information,
including location based information in compliance with the Privacy Policy.

6.3 Content and Services. The Application may provide you with access to Company's
website (the "Website") and products and services accessible thereon, and certain features,
functionality, and content accessible on or through the Application may be hosted on the Website
(collectively, "Content and Services"). Your access to and use of such Content and Services are
governed by Website's Terms of Use and Privacy Policy located at https://txtav.com/en/terms-of-use
and https://txtav.com/en/privacy-policy-for-customers, which are incorporated herein by this
reference. Your access to and use of such Content and Services may require you to acknowledge
your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and
your failure to do so may restrict you from accessing or using certain of the Application's features
and functionality. Any violation of such Terms of Use will also be deemed a violation of this
Agreement. You are prohibited from reproducing or “framing” pages or content provided in the
Application.

6.4 Geographic Restrictions. The Content and Services are deemed based in the state of
Kansas in the United States and provided for access and use only by persons located in the United
States. You acknowledge that you may not be able to access all or some of the Application, Content
and Services outside of the United States and that access thereto may not be legal by certain
persons or in certain countries. If you access the Application, Content and Services from outside the
United States, you are responsible for compliance with local laws.

6.5 Updates. Company may from time to time in its sole discretion develop and provide
Application 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 Company has no obligation
to provide any Updates or to continue to provide or enable any features or functionality. Based on
your Device settings, when your Device is connected to the internet either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available
Updates.

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You shall promptly download and install all Updates and acknowledge and agree that the Application
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 Application and be subject to all terms and conditions of this
Agreement.

6.6 Third-Party Materials. The Application may display, include, or make available Third-
Party Materials. You acknowledge and agree that Company is not responsible for Third-Party
Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality,
decency, quality, or any other aspect thereof. Company 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, if any.

6.7 No Implied Rights. Except for the limited rights and licenses expressly granted under
this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel or otherwise, to
Licensee or any third party any Intellectual Property Rights or other right, title, or interest in or to any
of the Software or Documentation.

6.8 Application Specific Provisions.

(a) As to AReS, AReS Viewer, and Data in AReS. You further understand and
hereby agree that:

(i) we hereby have a perpetual, royalty-free, license to copy, store and use
all data and information contained in the applicable aircraft recording and/or diagnostic
systems for any reason, including maintenance, incident, and accident investigation as
determined in our sole discretion;

(ii) you are hereby giving us permission to download use, and/or read such
information from your aircraft at any time and that the perpetual, royalty-free license
runs with and is automatically transferred with the title to the applicable aircraft and is
binding on any and all subsequent purchasers of the applicable aircraft;

(iii) we have no obligation to analyze or provide value-added services to you

from your data and you agree that you will not compel us to provide such analysis to
your or any third-party unless required by Law or in our sole discretion;

(iv) while our AReS system records a multitude of data points, it was
designed for use as a secondary aid in maintenance diagnostics and troubleshooting,
not as an accident investigation tool, such as a Flight Data Recorder ("FDR"), and
should not be considered as a primary source of incident or accident data;

(v) the AReS system is not required by regulation and its data is not
collected, stored, or standardized pursuant to any regulatory requirements;

(vi) the AReS system, its software, and certain aspects of the data it records
from the aircraft and its operations are considered proprietary to us and our suppliers;

(vii) the AReS system has seen several iterations over its lifespan, the type
and amount of data recorded has changed and the data recorded by the AReS system
can vary widely even within aircraft model groups;

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 (viii) we cannot and do not guarantee that the copies of the data we retain to
provide services to you will be retained for any particular period of time nor that they
will be available;

(ix) we have no obligation to retain data nor to make the AReS system data
or components accurate, complete or crash worthy; and

(x) AReS includes or may provide access to Company publications,

materials, Content and Services subject to additional terms and conditions
notwithstanding anything else to the contrary.

(b) As to LinxUs. You further understand and hereby agree that LinxUs includes or
may provide access to Company publications, materials, Content and Services subject to
additional terms and conditions notwithstanding anything else to the contrary and including but
not limited to the AReS system.

(c) As to 1View. You further understand and hereby agree that 1View includes or
may provide access to Company publications, materials, Content and Services subject to
additional terms and conditions notwithstanding anything else to the contrary.

7. Term and Termination.

7.1 The term of Agreement commences at the earliest of when you access, use, download,
or install the applicable Application, Content and Services and will continue in effect until terminated
by you or Company as set forth in this Section.

7.2 You may terminate this Agreement by deleting the Application and all copies thereof
from your Device.

7.3 We may terminate this Agreement at any time without notice if we cease supporting
the Application, which we may do in our sole discretion. In addition, this Agreement will terminate
immediately and automatically without any notice if you violate any of the terms and conditions of
this Agreement.

7.4 Upon termination:

(a) all rights granted to you under this Agreement will also terminate; and

(b) you will cease all use of the Application and delete all copies of the Application
from your applicable Device(s) and/or any accounts.

Termination will not limit any of our rights or remedies at law or in equity.

8. Representations and Warranties.

8.1 Mutual Representations and Warranties. Each Party represents, warrants, and
covenants to the other Party that:

(a) it is the duly authorized agent acting on behalf of, or is a duly organized, validly
existing and in good standing, corporation or other entity under the Laws of the jurisdiction of
its incorporation or other organization;

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 (b) it has the full right, power, and authority to enter into and perform its obligations
and grant the rights, licenses, and authorizations it grants and is required to grant under this
Agreement;

(c) the entering into of this Agreement by its representative who took the action(s)
described in this Agreement has been duly authorized by all necessary corporate or
organizational action of such Party; and

(d) this Agreement constitutes the legal, valid, and binding obligation of such Party,
enforceable against such Party in accordance with its terms.

8.2 Limited Warranty. Subject to the limitations and conditions set forth in Section 8.3 and
Section 8.4, Licensor warrants to Licensee that for a period of 30 days from the date of installation
of the Software (the "Warranty Period"): the Software will substantially conform in material respects
to the applicable Documentation, when installed, operated, and used as recommended in the
Documentation and in accordance with this Agreement.

8.3 Licensee Requirements. The limited warranties set forth in Section 8.2 apply only if
Licensee: (a) notifies Licensor in writing of the warranty breach before the expiration of the Warranty
Period; (b) has promptly installed all Updates and Maintenance Releases to the Software that
Licensor previously made available to Licensee; and (c) as of the date of notification, is in compliance
with all terms and conditions of this Agreement.

8.4 Exceptions. Notwithstanding any provisions to the contrary in this Agreement, the
limited warranty set forth in Section 8.2 does not apply to problems arising out of or relating to:

(a) Software, or the means by which it is provided, that is modified or damaged by

Licensee or its Representatives;

(b) any operation or use of, or other activity relating to, the Software other than as
specified in the Documentation, including any incorporation in the Software of, or combination,
operation or use of the Software in or with, any technology (including any device, software,
hardware, firmware, system, or network) or service not specified for Licensee's use in the
Documentation, unless otherwise expressly permitted by Licensor in writing;

(c) Licensee's or any third party's negligence, abuse, misapplication, or misuse of

the Software, including any use of the Software other than as specified in the applicable
Documentation or expressly authorized by Licensor in writing;

(d) Licensee's failure to promptly install all Updates and Maintenance Releases that
Licensor has previously made available to Licensee;

(e) the operation of, or access to, Licensee's or a third party's system or network;

(f) any Open Source Components, beta software, software that Licensor makes
available for testing or demonstration purposes, temporary software modules or software for
which Licensor does not receive a license fee;

(g) Licensee's breach of any provision of this Agreement; or

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 (h) any other circumstances or causes outside of the reasonable control of Licensor
(including abnormal physical or electrical stress).

8.5 Remedial Efforts. If Licensor breaches, or is alleged to have breached, any of the
warranties set forth in Section 8.2, Licensor may, at its sole option and expense, take any of the
following steps to remedy such breach:

(a) amend, supplement, or replace any incomplete or inaccurate Documentation;

(b) repair the Software; and/or

(c) replace the Software with functionally equivalent software as determined in the
sole discretion of Licensor (which software will, on its replacement of the Software, constitute
Software hereunder).

The remedies set forth in this Section 8.5 are Licensee's sole remedies and Licensor's sole liability
under the limited warranty set forth in Section 8.2.

9. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH

IN Section 8.2, ALL LICENSED SOFTWARE, DOCUMENTATION AND OTHER PRODUCTS,
INFORMATION, MATERIALS, AND SERVICES PROVIDED BY LICENSOR ARE PROVIDED "AS IS."
LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL
WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT
LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY OF ANY KIND THAT THE
LICENSED SOFTWARE OR DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE
THEREOF, WILL MEET LICENSEE'S OR OTHER PERSONS' REQUIREMENTS, OPERATE WITHOUT
INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY
SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE
OF HARMFUL CODE OR ERROR FREE. ALL OPEN SOURCE COMPONENTS AND OTHER THIRD-
PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR
CONCERNING ANY OF THEM IS STRICTLY BETWEEN LICENSEE AND THE THIRD-PARTY OWNER
OR DISTRIBUTOR OF SUCH OPEN SOURCE COMPONENTS AND THIRD-PARTY MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED

WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS, SO SOME OR
ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitations of Liability.

10.1 EXCLUSION OF DAMAGES. IN NO EVENT WILL LICENSOR, OR ANY OF ITS

LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION
WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE
THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, AND OTHERWISE, FOR ANY (a) INCREASED COSTS, DIMINUTION IN VALUE OR
LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS, (b) LOSS OF GOODWILL OR
REPUTATION, (c) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF
ANY LICENSED SOFTWARE OR OPEN SOURCE COMPONENTS OR OTHER THIRD-PARTY
MATERIALS, (d) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF
DATA OR SYSTEM SECURITY, (e) COST OF REPLACEMENT GOODS OR SERVICES, OR (f)
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR

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 PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SUCH PERSONS WERE
ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR
DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF
ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

10.2 CAP ON MONETARY LIABILITY. IN NO EVENT WILL THE COLLECTIVE

AGGREGATE LIABILITY OF LICENSOR AND ITS LICENSORS, SUPPLIERS AND SERVICE
PROVIDERS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING
UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED TWO TIMES
THE TOTAL AMOUNTS PAID TO LICENSOR UNDER THIS AGREEMENT IN THE TWO YEAR
PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $250,000.00, WHICHEVER
IS LESS. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND
REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF
LIABILITY MAY NOT APPLY TO YOU.

11. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers,
directors, employees, agents, affiliates, successors, and assigns from and against any and all Losses,
damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties,
fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating
to your use or misuse of the Application or your breach of this Agreement, including but not limited to the
content and/or data you submit or make available through this Application.

12. Surviving Terms. The provisions set forth in the following sections, and any other right,
obligation or provision under this Agreement that, by its nature, should survive termination or expiration
of this Agreement, will survive any expiration or termination of this Agreement including but not limited to
this Section 12, Section 6, Section 9, Section 10, Section 11, Section 13, Section 13 and Section 14.

13. Miscellaneous.

13.1 Further Assurances. On a Party's reasonable request, the other Party shall, at the
requesting Party's sole cost and expense, execute and deliver all such documents and instruments,
and take all such further actions, as may be necessary to give full effect to this Agreement.

13.2 Relationship of the Parties. The relationship between the Parties is that of independent
contractors. Nothing contained in this Agreement will be construed as creating any agency,
partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship
between the Parties, and neither Party shall have authority to contract for or bind the other Party in
any manner whatsoever.

13.3 Public Announcements. Neither Party shall issue or release any announcement,
statement, press release, or other publicity or marketing materials relating to this Agreement or,
unless expressly permitted under this Agreement, otherwise use the other Party's trademarks,
service marks, trade names, logos, domain names, or other indicia of source, association or
sponsorship, in each case, without the prior written consent of the other Party, which shall not be

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unreasonably delayed or withheld, provided, however, that Licensor may, without Licensee's
consent, include Licensee's name and other indicia in its lists of Licensor's current or former
customers of Licensor in promotional and marketing materials.

13.4 Interpretation. The Parties intend this Agreement to be construed without regard to any
presumption or rule requiring construction or interpretation against the Party drafting an instrument
or causing any instrument to be drafted.

13.5 Headings. The headings in this Agreement are for reference only and do not affect the
interpretation of this Agreement.

13.6 Assignment. Licensee shall not assign or otherwise transfer any of its rights, or
delegate or otherwise transfer any of its obligations or performance under this Agreement, in each
case whether voluntarily, involuntarily, by operation of law, or otherwise, without Licensor's prior
written consent. No assignment, delegation, or transfer will relieve Customer of any of its obligations
or performance under this Agreement. Any purported assignment, delegation, or transfer in violation
of this Section is void. This Agreement is binding on and inures to the benefit of the Parties hereto
and their respective successors and permitted assigns.

13.7 Export Regulation. The Parties shall not disclose any Software, Content and Services
or data hereunder and neither Party shall make sales of products in any manner contrary to the laws
and regulations of the USA or any applicable foreign export laws and regulations. The information
that the Parties may wish to disclose pursuant to this Agreement and any export may be subject to
the provisions of the U.S. Export Administration Act of 1979 (50 USC 2401-2410), the U.S. Export
Administration Regulations promulgated thereunder (15 CFR 730-774), the U.S. International Traffic
in Arms Regulations (22 CFR 120-130), the regulations of the Office of Foreign Assets Control of the
U.S. Department of the Treasury and the U.S. Foreign Corrupt Practices Act. The Parties
acknowledge that these statutes and regulations may impose restrictions on export, import, and
transfer to third countries and persons and entities of certain categories of data and articles, and that
licenses and/or registrations from the US Department of State and/or the US Department of
Commerce and/or the US Department of Treasury’s Office of Foreign Assets Control may be
required before such data and articles can be disclosed or sold or exported hereunder or pursuant
hereto, and that such licenses may impose further restrictions on use and further disclosure or export
or use of such data and articles. For these reasons, each Party agrees to share, upon request,
information related to and including the export classifications of technical data, commodities, or
software transferred under this Agreement. Disclosure or export of such data and articles to foreign
persons is subject to the above regulations regardless if the export occurs in the USA or abroad.
Each Party agrees to comply with all applicable USA governmental regulations as they relate to the
export, import and re-export of data, articles and the subject matter hereof. Prior to any transfer,
each Party shall ensure that all necessary authorizations are obtained and that all the goods and
documentation to be exported or delivered that are controlled under USA export laws and regulations
are accompanied by the required USA government authorizations. You shall immediately notify us
if you or any of Representatives or suppliers becomes listed on any Excluded or Denied Party List
of an agency of the U.S. Government or its export or import privileges are denied, suspended, or
revoked.

13.8 US Government Rights. Each of the Documentation and the software components that
constitute the Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting
of "commercial computer software" and "commercial computer software documentation" as such
terms are used in 48 C.F.R. 12.212. Accordingly, if Licensee is an agency of the US Government or
any contractor therefor, Licensee only receives those rights with respect to the Software and

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Documentation as are granted to all other end users under license, in accordance with (a) 48 C.F.R.
§227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their
contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their
contractors.

13.9 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties
hereto and their respective successors and permitted assigns and nothing herein, express or implied,
is intended to or will confer on any other Person any legal or equitable right, benefit, or remedy of
any nature whatsoever under or by reason of this Agreement.

13.10 Amendment and Modification; Waiver. You hereby agree that we may amend or
modify this Agreement from time-to-time and that such amendments or modifications shall
take effect upon and by your continued use of the Software. Consequently, you accept the
obligation to review these terms from time to time for changes in the version. We may make
reasonable efforts to notify you when these terms are amended but you understand and agree
that may not always be practicable. If you do not agree to any amendment or modification
you should cease using the Software as provided for in Section 7.2. No waiver by any Party of
any of the provisions hereof is effective unless explicitly set forth in writing and signed by the Party
so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in
exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be
construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or
privilege hereunder preclude any other or further exercise thereof or the exercise of any other right,
remedy, power, or privilege.

13.11 Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in

any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision
of this Agreement or invalidate or render unenforceable such term or provision in any other
jurisdiction. On such determination that any term or other provision is invalid, illegal, or
unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to
effect the original intent of the Parties as closely as possible in a mutually acceptable manner in
order that the transactions contemplated hereby be consummated as originally contemplated to the
greatest extent possible.

13.12 Governing Law; Submission to Jurisdiction. This Agreement is governed by and

construed in accordance with the internal laws of the State of Kansas without giving effect to any
choice or conflict of law provision or rule that would require or permit the application of the laws of
any jurisdiction other than those of the State of Kansas. Any legal suit, Action, or proceeding arising
out of or related to this Agreement or the Application or any licenses granted hereunder shall be
instituted exclusively in the federal courts of the United States or the courts of the State of Kansas
in each case located in the city of Wichita and County of Sedgwick. Each Party irrevocably submits
to the exercise of exclusive jurisdiction over you of such courts and to venue in any such suit, action,
or proceeding. Service of process, summons, notice, or other document by mail to such Party's
address shall be effective service of process for any suit, action, or other proceeding brought in any
such courts.

13.13 Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY
HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES
OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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 13.14 Waiver of Jury Trial. Each Party irrevocably and unconditionally waives any right it
may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement
or the transactions contemplated hereby.

13.15 CLASS ACTION WAIVER. THE PARTIES AGREE TO LITIGATE SOLELY ON AN

INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS LITIGATION,
OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE PROCEEDING. THE TRIBUNAL MAY NOT CONSOLIDATE MORE THAN
ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS
ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING
PORTIONS OF THE AGREEMENT WILL REMAIN IN FORCE. YOU HAVE THE RIGHT TO OPT
OUT OF THIS SECTION OF THE AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN
NOTICE OF YOUR INTENTION TO DO SO TO US WITHIN 60 DAYS OF THE ACCEPTANCE OF
THIS AGREEMENT.

13.16 Equitable Relief. Licensee acknowledges and agrees that a breach or threatened
breach by Licensee of any of its obligations under this Agreement would cause Licensor irreparable
harm for which monetary damages would not be an adequate remedy and that, in the event of such
breach or threatened breach, Licensor will be entitled to equitable relief, including in a restraining
order, an injunction, specific performance, and any other relief that may be available from any court
of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual
damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive
and are in addition to all other remedies that may be available at law, in equity, or otherwise.

13.17 Entire Agreement. This Agreement, and any other agreements and/or specifications
you have agreed to with us and our Privacy Policy constitute the entire agreement between you and
Company with respect to the Application and supersede all prior or contemporaneous
understandings and agreements, whether written or oral, with respect to the Application. If you are
a supplier of ours, the agreements between us other than this Agreement will only control on topics
not otherwise covered in the other agreements between us.

13.18 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.

13.19 Legal Entity Disclaimer. The terms and descriptions contained in this Agreement are
not intended to alter or otherwise affect the independent legal entity status of Textron Inc. ("Textron")
and its subsidiary corporations or otherwise affect the ownership and reporting relationship of
unincorporated operating divisions. Textron consists of several subsidiary corporations and
unincorporated operating divisions. For example, Company is a wholly owned subsidiary of Textron.
The Textron subsidiaries are separate legal entities which have legal rights and liabilities
independent of Textron. The subsidiaries also have their own officers and directors, maintain their
own books and records and the like, and their management teams are responsible for the daily
operation of their respective businesses. Textron, as the parent corporation, exercises oversight and
provides direction and assistance, when necessary, to its subsidiaries consistent with corporate
governance legal requirements and accepted practices for parent corporations. "Brand" refers to the
name which customers associate with the product or products produced by Textron and its member

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companies. Brand names used on in the Software do not necessary denote the legal entity status of
any Textron entity.

14. Definitions:

14.1 "Action" means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry,
audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any
nature, civil, criminal, administrative, regulatory, or other, whether at law, in equity, or otherwise.

14.2 "Affiliate" of a Person means any other Person that directly or indirectly, through one
or more intermediaries, controls, is controlled by, or is under common control with, such Person. The
term "control" (including the terms "controlled by" and "under common control with") means the direct
or indirect power to direct or cause the direction of the management and policies of a Person, whether
through the ownership of voting securities, by contract, or otherwise.

14.3 "Authorized User" means each of the individual agents of yours authorized to use the
Software as directed by you using the inherit functionality of the Software as applicable and in
keeping with this Agreement.

14.4 "Documentation" means Licensor's user manuals, handbooks, and installation guides
relating to the Software that Licensor may provide or make available to Licensee in any form or
medium which describe the functionality, components, features, or requirements of the Software,
including any aspect of the installation, configuration, integration, operation, or use of the Software.

14.5 "Intellectual Property Rights" means any and all registered and unregistered rights
granted, applied for, or otherwise now or hereafter in existence under or related to any patent,
copyright, trademark, trade secret, database protection, or other intellectual property rights Laws,
and all similar or equivalent rights or forms of protection, in any part of the world.

14.6 "Law" means any statute, law, ordinance, regulation, rule, code, order, constitution,
treaty, common law, judgment, decree, or other requirement of any federal, state, local, or foreign
government or political subdivision thereof, or any arbitrator, court, or tribunal of competent
jurisdiction.

14.7 "Losses" means all losses, damages, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including
reasonable attorneys' fees and the costs of enforcing any right to indemnification hereunder and the
cost of pursuing any insurance providers.

14.8 "Open Source Components" means any software component that is subject to any
open source license agreement, including any software available under the GNU Affero General
Public License (AGPL), GNU General Public License (GPL), GNU Lesser General Public License
(LGPL), Mozilla Public License (MPL), Apache License, BSD licenses, or any other license that is
approved by the Open Source Initiative or similar well-recognized initiative.

14.9 "Permitted Use" means use of the Software by an Authorized User for the benefit of
Licensee in the ordinary course of its internal business operations the purpose of operating and
maintaining aircraft manufactured by us and our Affiliates.

14.10 "Person" means an individual, corporation, partnership, joint venture, limited liability
entity, governmental authority, unincorporated organization, trust, association, or other entity.

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 14.11 "Representatives" means, with respect to a Party, that Party's and its Affiliates'
employees, officers, directors, consultants, agents, independent contractors, service providers,
subcontractors, and legal advisors.

14.12 "Territory" means the United States.

14.13 "Third-Party Materials" means materials and information, in any form or medium, that
are not proprietary to Licensor, including any third-party: (a) documents, data (including your aircraft
data as applicable), information, links to websites, applications, services, materials, content or
specifications; (b) Open Source Components or other software, hardware or other products, facilities,
equipment or devices; and (c) accessories, components, parts or features of any of the foregoing.

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