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PROPRIETARY NOTICE The documents and the information on this web site are proprietary data of ACSS. Neither the documents nor the information on this web site shall be used, reproduced, or disclosed to others without the written authorization of ACSS. NOTICE - FREEDOM OF INFORMATION ACT (5 USC 552) AND DISCLOSURE OF CONFIDENTIAL INFORMATION GENERALLY (18 USC 1905) The documents and information on this web site are being furnished in confidence by ACSS. The information disclosed herein falls within exemption (b) (4) of 5 USC 552 and the prohibitions of 18 USC 1905. Additionally, this information falls under the jurisdiction of the U.S. Department of Commerce Export Administration Regulations (EAR). NOTE:If your visit to our web site might also include the download of an Obstacle DB, then you are also agreeing to our Obstacle DB Terms and Conditions by clicking this link. OBSTACLE DB TERMS AND CONDITIONS OBSTACLE DATA IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND JEPPESEN, ACSS AND THALES DO NOT GUARANTEE AND MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, CURRENCY, ADEQUACY, QUALITY OR COMPLETENESS OF THE OBSTACLE DATA. EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, JEPPESEN, ACSS AND THALES MAKE NO WARRANTY, ASSUME NO RESPONSIBILITY TO ANY PERSON OR PERSONS, AND DISCLAIM ANY LIABILITY WITH RESPECT TO THE QUALITY AND/OR INTEGRITY OF THIRD PARTY SOURCE MATERIAL OVER WHICH JEPPESEN, ACSS AND THALES HAVE NO CONTROL, BE IT GOVERNMENT SOURCE OR OTHER PUBLICLY AVAILABLE DATA INCLUDING, BUT NOT LIMITED TO, THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH THIRD PARTY SOURCE MATERIAL. THE WARRANTIES, CONDITIONS, REPRESENTATIONS, OBLIGATIONS AND LIABILITIES OF JEPPESEN, ACSS AND THALES AND REMEDIES OF CUSTOMER SET FORTH HEREIN ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF JEPPESEN, ACSS AND THALES, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST JEPPESEN, ACSS AND THALES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE JEPPESEN, ACSS, AND THALES, DATA AND OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER AND ANY NONCONFORMANCE OR DEFECT IN THE JEPPESEN, ACSS, AND THALES DATA OR OTHER THINGS PROVIDED, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. Customer will indemnify and hold harmless Jeppesen, ACSS and Thales 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 Customer but not employees of Jeppesen, ACSS, and Thales, or for loss of or damage to any property, including any aircraft, arising out of or in any way relating to Customer’s utilization and/or processing of Jeppesen, ACSS and Thales Obstacle Data, whether or not arising in tort or occasioned by the negligence of Jeppesen, ACSS, and Thales except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness or willful misconduct of Jeppesen, ACSS, and Thales. Customer’s obligations under this indemnity will survive the expiration, termination, completion or cancellation of this Agreement.