Laminar Data Terms of Service & End User Licence Agreement

ACKNOWLEDGEMENT AND ACCEPTANCE

The Developer's use of the API, the Services and the Data Products is subject to the terms and conditions of this Agreement. Accordingly, by executing this Agreement, and/or using the API, Services and the Data Products, the Developer acknowledges that the terms set out in this Agreement have been understood and accepted.

DEFINITIONS;

In this Agreement the following terms shall have the following meanings:

“Application” means any software running on any platform including but not limited to web portal, web site, thick or thin application client.

“API” means the application program interface provided to Developer by Snowflake hereunder.

“Air Traffic Control” means a service operated by appropriate authority to promote the safe, orderly and expeditious flow of air traffic.

“Commercial Purposes” means any provision of actual copies of the Data Products or any significant part of them in any Service offered by the Developer or any purposes which seek to exploit copies of the Data Products for Financial Gain or any purpose which is or is likely to place the use of such copies in competition with a Third Party who is seeking to exploit data licensed by Snowflake for Financial Gain or for any other purpose.

“Complex Product Derivative Works” means datasets or files which the Developer has created using part or all of the Data Products, either in isolation or in combination with additional information not obtained from Snowflake, where the output may be used as a substitute to any part of the Data Products provided to the Developer by Snowflake (e.g. XML datasets). Simple Product Derivative Works are excluded from this definition.

“Data Products” means the data content and the data form (structure) that is provided by Snowflake to the Developer as part of this Agreement.

“Derivative Work” means information structures formed or created from Data Products.

“End Users” shall mean customers and clients authorized to have access to the Services or Data Products through the Developer’s Application, website or capability delivery.

“Expiry Date” is the date when the subscription to Laminar DATA ends.

“Intellectual Property Rights” means all copyright, know-how, confidential information, trade secrets, database rights, topography rights, design rights, marks, patents, business and domain names, all rights in the nature of unfair competition or rights to use for passing off, and any other intellectual property rights of a similar nature (whether or not registered) subsisting anywhere in the world in or associated with the API, Services or the Data Products.

“Internal Business Use” means ordinary day to day activities of the Developer including plotting, processing and manipulating of the Data Products, but excluding any supply of the Data Products to Third Parties.

“Issue Date” is the start date of a subscription to Laminar Data, initiated by the Developer.

“Financial Gain” means where the Developer or any Third Party used by or connected to the Developer receives any revenue from the publication, reproduction or dissemination of the Data Products including direct or indirect revenue or benefit from advertising.

“Laminar Data Platform” means the entire Laminar Data installation including machines, networks, software and configuration.

“Monthly Usage” means the entire number of hits made in any given month by the Developer against the API provided by the Services.

“Hub” means the non-exclusive area within the Laminar Data Platform that any multi-tenant subscriber may access using their valid user key credentials.

“Services” means the Laminar DATA web services.

“Simple Product Derivative Works” means datasets or files which the Developer has created using part or all of the Data Products, either in isolation or in combination with additional information not obtained from Snowflake, where the output cannot be used as a substitute to any part of the Data Products provided to the Developer by Snowflake (e.g. a chart or a graph).

“Snowflake” means Snowflake Software Limited incorporated and registered in England with company number 4294244 and whose registered office is at Alleyn House Carlton Crescent Southampton SO15 2EU, who is the supplier of the Services.

“Termination Date” means the date the Developer’s license to use the Service becomes invalid.

“Third Party and Third Parties” means, any person or organisation other than the Developer and its' employees.

“Third Party Data Providers” means the third party data providers to the Laminar DATA Hub.

Terms and Conditions

The following terms apply to all types of Agreements granted

1. VALIDITY & DURATION

1.1 This Agreement is between Snowflake and the Developer and governs the Developer’s use of the API, the Service, Data Products and documentation accompanying this Agreement.

1.2 This Agreement is valid for a period between the Issue Date and the Expiry Date (the “Term”).

1.3 Snowflake retains the right to change the rules and terms of the Agreement and the amount of Developer Fees payable at any time. In this event the Developer will be given no less than 28 days’ notice of any change and in the event that the Developer considers that the change is unacceptable it may terminate this Agreement forthwith and receive a refund of the pro rata to the unused value of the Agreement fee.

1.4 The API, the Services, and Data Products any material supplied with the API, the Service and Data Products are the property of Snowflake or its third party suppliers.

1.5 The obligations of the Developer to Third Party Data Providers are set forth in Annex A and may be enforced by Snowflake against the Developer. The terms of this Annex may only be altered with the consent of Snowflake.

2. ACKNOWLEDGEMENTS

2.1 The Developer shall ensure that the acknowledgements and notices appropriate to the Data Products supplied appear in a suitable place and in such a manner that they are prominent and easily accessible. All potential acknowledgments and notices are attached as Annex A hereto and it is the duty of the Developer to apply the correct acknowledgements and notices for the Data Products concerned. The additional restrictions relating to endorsement and references to the Data Products in this Annex also apply to all Data Products

3. Payment

3.1 Developer shall pay Snowflake the Developer Fee for the Monthly Usage in arrears as set forth on the laminardata.aero website (the “Tariff”).

3.2 Snowflake shall notify (both via email and through the developer portal pages) the Developer when its usage has reached 90% and 100% of the Developer’s maximum allocation for the respective month.

3.3 In the event that Developer exhausts the maximum usage for the Services before the end of the monthly period, in discussion with Snowflake the:

3.3.1 Developer may change to a higher use Tariff for the pro-rata difference in service charge between its current Tariff and the next higher Tariff;

3.3.2 Developer may allow this Agreement to terminate and enter into a new Agreement; or

3.3.3 Developer may opt for a mid-term overage fee.

3.4 Snowflake may suspend the Service for Developer and its End Users without recourse at the point that the usage for Developer’s End Users has exceeded 110% of the allocation for that Tariff, at which time this Agreement may be terminated pursuant to Section 13.

4. LICENSE;USES NOT PERMITTED

4.1 Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, revocable, nontransferable, nonsublicensable, worldwide right and license to (i) use and make calls to the API and to make use of the Services to develop, implement, and distribute software, applications, services or products and (ii) use, reproduce, distribute, transmit, display and perform the Data Products and to modify the Data Products to create simple and complex derived works.

4.2 In order to use and access the API, Developer shall register for an API account (“Account”) with Snowflake. After completing its registration, Developer will be issued a unique key. The Developer’s Application must import the API using this Key, as described in the documentation, and Snowflake shall block any requests with an invalid Key or invalid URL.

4.3 Developer shall not disclose, publish, sell, assign, lease, share, lend, sub license, market or transfer the Data Products in whole or in part, or use the Data Products in any manner or for any use not expressly authorised by this Agreement.

4.4 Should the Developer wish to exceed the limited rights defined in this Agreement then the prior express written permission of Snowflake must be obtained.

4.5 Subject to the provisions of Annex A the Developer shall:

4.5.1 Not make use of the Data Products from any cache or archive but only through direct use of the Services;

4.5.2 Not provide a copy or place on a computer that is accessible to a Third Party whether via the Internet or otherwise, any Data Products or part thereof;

4.5.3 Not create an Application or use the Data Products or precipitate the use of the Data Products for Air Traffic Control or for Navigational Purposes;

4.5.4 Only use the Data Products or precipitate the use of the Data Products for selection, display and analysis purposes by the Developer or End Users;

4.5.5 Only use the Data Products for a Commercial Purpose related to the exploitation of the Data Products for Financial Gain or other benefit, where the Data Products does not represent all or substantially all of an Application offered by the Developer to a Third Party;

4.5.6 Not to embed the Data Products into any Application other than an Application provided directly by the Developer as provided herein. Where it is intended that the Developer shall conduct work for a Third Party that involves the Data Products to be included within a service or application provided by that Third Party, then a direct agreement is required between Snowflake and that Third Party;

4.5.7 Ensure that the Services and Data Products are not used to enable or support any claim or proceeding within the scope of EU rule 261/2004; and.

4.5.8 Not use the Data Products following the termination of this Agreement.

4.5.9 Not use the Service for the commission of any criminal offence or in any way which is an infringement of any third party’s rights.

4.5.10 Not use the Service beyond the permitted use levels agreed to with us. You may not use the Service in any manner that could damage or overburden the Service or interfere with any other party’s use of the Service.

4.5.11 Ensure that Individual account keys are not shared, distributed and are securely managed in line with industry best practice.

4.5.12 Ensure that the Developer’s employees, agents and End Users do not attempt to circumvent or exploit any weakness of the Service to obtain unauthorised access.

4.6 Developer shall follow all reasonable instructions given by us from time to time with regard to the use of the Service. Developer shall permit us, at all reasonable times, and at our expense to verify that your use of the Service is within the terms defined in this agreement.

4.7 Developer shall flow down all applicable data restrictions, service terms and permitted use cases to End Users as part of a formal terms of service.

4.8 Developer shall ensure that End Users are in compliance with the restrictions and conditions of this agreement and those of the Third Party Data Providers set forth on Annex A.;

4.9 The Developer shall inform Snowflake of any failures to comply with the restrictions in this Agreement or breaches of the Agreement that come to its attention as soon as reasonably possible.

5. SNOWFLAKE’S COVENANTS

5.1 Tier 0 Support applies to Laminar Data Hub users who are in the 14 day free trial period. Support for users in this tier is provided on a reasonable endevours basis - Snowflake will respond to queries raised via support@laminardata.aero inside UK office hours (9am-5pm GMT/BST, Monday - Friday).

5.2 Tier I Support and Service Availability across all APIs shall be 99.9% within UK working hours (9am-5pm GMT/BST). Tier I Support is included in all paid subscription levels.

5.3 Tier II Support is available by request and attracts an additional monthly charge, Tier II Support is available 24/7/365 on-call.

5.4 Support tickets for Tier I and II can be raised via phone, email support@laminardata.aero and via the customer support portal https://developer.laminardata.aero

5.5 The customer support portal https://developer.laminardata.aero shall be available for the Developer to manage keys, raise support tickets, edit contact details, edit billing information and monitor key usage across APIs.

5.6 Planned maintenance periods are: quarterly for major upgrades, monthly for minor changes and weekly for security or high priority patches as appropriate. The Developer shall be notified of planned maintenance periods at least 1 week in advance, both through the customer support portal and also via email.

5.7 Snowflake shall check the accuracy of the data contained within the Data Products solely with regard to coordinate operations; geometry cleansing; restructuring and re-encoding of data attribution. Snowflake does not employ any mechanism to validate the currency, completeness, resolution, positional accuracy or any other data provenance characteristic contained within the Data Products. The Developer acknowledges that Snowflake is entirely beholden to its licensors for the accuracy, timeliness, precision and completeness of the Data Products.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 The Developer acknowledges that between it and Snowflake the Intellectual Property Rights are Snowflake's or Snowflake derives ownership rights from third parties;

6.1.1 Nothing in this Agreement shall be construed as granting any rights in favour of Developer with regard to the Intellectual Property Rights save those expressly stated in this Agreement; and

6.1.2 Any reputation in any trade marks affixed or applied to the Data Products shall accrue to the sole benefit of Snowflake or any other owner of the trade marks from time to time.

6.2 The Data Products and any accompanying documentation are owned by Snowflake and/or its licensors and are protected by respective copyright law, International treaty provisions, and all other applicable national laws respective to the country of origin of the data owner. Developer shall provide the copyright notices set forth in Annex A as applicable.

6.3 All of the restrictions and conditions applicable to the Data Products flow through to both Simple and Complex Product Derivative Works. Simple and Complex Product Derivative Works are subject to English Copyright Law, International treaty provisions, and all other applicable national laws and the terms and conditions of this Agreement.

6.4 The Developer shall use reasonable endeavours to ensure that the API, Services and Data Products are protected from unauthorised access, use or reproduction by Third Parties. In the event that Snowflake or the Developer obtains evidence that the protection is not sufficient to prevent unauthorised access, use or reproduction they shall as soon as possible notify the other party of such evidence. If such unauthorised access, use or reproduction in the reasonable opinion of Snowflake represents a measurable risk to Snowflake, then the Developer shall, within five working days of receiving notice to this effect from Snowflake, propose an action or actions to improve the protection, including timescales to implement such improvements, for Snowflake’s reasonable approval. If approved, the Developer shall implement the improvements within the timescales stated. If any proposed action or actions to improve the protection, including timescales, are not satisfactory to Snowflake, Snowflake reserves the right to terminate the Agreement.

6.5 The Developer agrees not to remove any copyright notices or confidential or proprietary legends or identification from the API, Services or the Data Products.

6.6 Snowflake hereby grants to Developer a nontransferable, nonsublicenseable, nonexclusive license during the term of this Agreement to display Snowflake’s trademarks solely for the purpose of promoting or advertising that Developer’s use of the API in accordance with this Agreement. Developer hereby grants to Snowflake a nontransferable, nonexclusive license during the Term to use Developer’s trademarks to advertise that Developer is using the API. Developer understands and agrees that Snowflake has the sole discretion to determine whether Developer’s use of Snowflake’s trademarks is in accordance with Snowflake’s standards for trademark usage. Except as set forth in this Section 6.6, nothing shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party’s trademarks.Developer shall not use (other than in relation to the provisions of this Agreement) nor seek to register any trade mark or trade name (including any company name) which is identical to or confusingly similar with or incorporates any trade mark or trade name which Snowflake or any associated company of Snowflake owns or claims rights to anywhere in the world.

7. INDEMNITY

7.1 The Developer agrees to notify Snowflake, promptly and fully, of:

7.1.1 Any actual, threatened or suspected infringement of any Intellectual Property Rights which comes to the Developer's notice; and

7.1.2 Any claim by any Third Party that comes to the Developer's notice that the sale or advertisement of the API, the Services or the Data Products infringes the rights of any person.

7.2 The Developer agrees (at Snowflake's request and expense) to do all such things as may be reasonably required to assist Snowflake in taking or resisting proceedings in relation to any infringement or claim referred to in Clause 6.4. Snowflake shall have conduct of any such claim.

7.3 In the event of any successful claim, proceeding or suit by a third party against the Developer for infringement of any Intellectual Property Right connected with the Data Products, Snowflake will indemnify the Developer at Snowflake's expense, subject to:

7.3.1 The Developer promptly notifying Snowflake in writing of any such claim, proceeding or suit;

7.3.2 The Developer being under a duty to mitigate its loss;

7.3.3 The Developer bringing a claim under this indemnity within 1 year from the date of expiry or earlier termination of this Agreement.

7.4 The Developer shall fully indemnify Snowflake against all claims, demands, actions, costs, expenses (including but not limited to full legal costs and disbursements), losses and damages arising from or incurred by reason of any;

7.4.1 default, act or omission of the Developer connected with any infringement or alleged infringement (including but not limited to the defence of such alleged infringements) of any Intellectual Property Rights of any third party which arise from failure to comply with the terms of this Agreement;

7.4.2 any use of the API, the Services or Data Products which is not authorised by this Agreement (including any illicit unauthorised or improper use of the API, Services or Data Products or unwarranted acts of the Developer in connection with the API, Services or Data Products or any modification of the API, Services or Data Products for the creation of either Simple or Complex Product Derivative Works);

7.4.3 any loss or damage caused to any Third Party due to use of an Application; and

7.4.4 Any loss or damage caused to an End User arising from the closing of such End User’s account due to the termination of this Agreement.

7.5 For the avoidance of doubt such indemnity shall include but not be limited to claims brought by other sovereign states or bodies operating under delegated authority or powers for such sovereign states.

8. WARRANTY

8.1 EXCEPT AS OTHERWISE EXPLICITY PROVIDED HEREIN, THE API, SERVICES and DATA PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE DEVELOPER AND END USERS’ USE OF THE API, SERVICES AND DATA PRODUCTS ARE AT THEIR OWN RISK. SNOWFLAKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8.2 EXCEPT AS EXPRESSLY SET FORTH HEREIN, SNOWFLAKE MAKES NO WARRANTY THAT THE API, SERVICES OR DATA PRODUCTS WILL (I) MEET DEVELOPER’S OR AN END USER’S REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, COMPLETE, ACCURATE, SECURE, OR ERROR-FREE, AND/OR THAT (iii) ANY ERRORS WILL BE CORRECTED.

8.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE API OR DEVELOPER’S OR END USER’S USE OF THE API OR SERVICES IS DONE AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM/NETWORK OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THE USE OF THE API.

8.4 Snowflake further expressly disclaims any warranty or representation to any Third Party. Snowflake accepts no liability for loss suffered or incurred by the Developer as a result of its reliance on the Data Products.

9. LIMITATION OF LIABILITY

9.1 The following provisions set out the entire financial liability of Snowflake (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Developer in respect of:

9.1.1 Any breach of this Agreement;

9.1.2 Any representation, statement or tortuous act or omission including negligence arising under or in connection with this Agreement.

9.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Agreement.

9.3 Nothing in these conditions excludes or limits the liability of Snowflake:

9.3.1 For death or personal injury caused by Snowflake’s negligence;

9.3.2 Under section 2(3) of the Consumer Protection Act 1987;

9.3.3 For any matter which it would be illegal for Snowflake to exclude or attempt to exclude its liability; or

9.3.4 For fraud or fraudulent misrepresentation.

9.4 Subject to Clause 9.2 and Clause 9.3 Snowflake’s total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation (but not fraudulent misrepresentation), restitution or otherwise including any indemnity given hereunder and arising in connection with the performance or contemplated performance of this Agreement shall be limited to the Developer Fee.

9.5 Snowflake shall not be liable to the Developer for any pure economic loss, loss of profit, loss of business or contract, depletion of goodwill or otherwise, in each case whether direct, or indirect or any indirect loss whatsoever (howsoever caused) including loss or damage suffered by the Developer as a result of an action brought by a Third Party which arise out of or in connection with the Agreement.

10. ASSIGNMENT

Snowflake may assign the rights conferred by this Agreement or any part of them to any person, firm or company. The Developer shall not without the prior written consent of Snowflake assign, transfer, charge or deal in any other similar manner with this Agreement or its rights or any part of them under this Agreement.

11. NOTICES

11.1 Notices under this Agreement shall be in writing in the English language and shall be deemed validly given if delivered by hand or recorded delivery post (or registered airmail in the case of a notice to be sent overseas) to the party to whom it has been served.

11.2 Notices shall be deemed to have been validly served:

11.2.1 In the case of email at the time of delivery;

11.2.2 In the case of hand delivery at the time of delivery;

11.2.3 In the case of recorded delivery post within the United Kingdom 48 hours after posting; and

11.2.4 In the case of registered airmail outside the United Kingdom 4 days after posting.

11.3 Notices shall be served:

11.3.1 In the case of a notice to Snowflake addressed to the Laminar Data Manager, Snowflake Software, Alleyn House, 23-27 Carlton Crescent, Southampton, Hampshire SO15 2EU or support@laminardata.aero or such other person or address as Snowflake shall notify to the Developer for this purpose.

11.3.2 In the case of notice to Developer, to the Developer Contact at the registered contact details within the Laminar Developer Portal.

12. DISCLAIMERS

12.1 The Service and the Data Products are not to be used for Air Traffic Control, Air Navigation or for any safety critical decision. The Data Products have been derived according to the most up-to-date information available at the time the Data Products were last updated. No guarantee whatsoever is given that the information is still accurate, precise, timely or complete. ; Specifically, Developer notes that No National or International aviation body has verified the information in this product and none accept liability for the accuracy of reproduction or any modifications made thereafter. No National or International aviation body warrants that the Data Products satisfy national or international regulations regarding the use of the appropriate products for navigation or Air Traffic Control

12.2 Developer must satisfy itself that the Data Products are sufficiently precise, complete, accurate and appropriate, to the purpose for which they will be utilized. Developer acknowledges that Snowflake has not verified the information content within these Data Products and does not accept liability for them.

13. TERM; TERMINATION

13.1 Except as set forth below, the term of this Agreement shall be one month, after which it shall continue from month to month unless terminated by one of the parties.

13.2 Either party may (without prejudice to its other rights) terminate this Agreement at any time by giving 30 days’ written notice if the other party defaults in due performance or observance of any obligations and (in the case of a breach considered by Snowflake to be remediable) fails to remedy such breach within 14 days of receipt of a notice served.

13.3 Snowflake may also (without prejudice to its other rights) terminate this Agreement at any time for any reason with or without notice to the Developer.

13.4 Snowflake shall have the right to terminate this Agreement without recourse if any of the Third Party Data Providers supplying data to the Laminar Hub terminate their agreement with Snowflake.

13.5 Upon expiration or termination of this Agreement for any reason, Snowflake shall close the accounts and disable any API Keys associated with the account terminating access for all of the Developer’s End Users. In addition, the digital Data Products, keys and credentials supplied to the Developer under the terms of this Agreement, shall be deleted and destroyed and written confirmation shall be provided by the Developer to Snowflake confirming that this has been done within 30 days of Termination Date;

14. AUDIT RIGHTS

Snowflake, at its own expense, once every twelve months shall have the right during reasonable business hours to audit such books, records and documentation of Developer as it reasonably believes are necessary to verify (i) the accuracy of the User Band payments made under this Agreement, (ii) the number of direct calls made by the Application, (iii) that the End Users are in the aviation industry (i.e name, address, CANSO, IATA, ACI, SITA number or organisation affiliation) and (iv) that the End Users are complying with the terms and conditions of the Third Party Data Providers. If the reporting or payment discrepancies disclosed by audit equal or exceed ten percent 10% of the amount that was paid for the period that was covered in the audit, Developer shall immediately pay the difference owed and the reasonable costs associated with the audit.

15. ENTIRE AGREEMENT

15.1 This Agreement constitutes the entire agreement between the parties in connection with its subject matter.

15.2 Neither party has relied on any representation or promise except as expressly set out in this Agreement. Snowflake does not limit liability for fraudulent misrepresentation.

16. SEVERANCE

16.1 If any provision of the Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

16.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

17. FORCE MAJEURE

A party’s failure to perform its obligation of performance hereunder (except payment obligations) shall be excused or delayed to the extent that such failure is caused by events beyond such party’s reasonable control (an event of force majeure). Such events include, without limitation, casualties, natural disasters, terrorism, cyberattacks, Acts of God, civil disturbance, labor disputes, strikes, riots, but expressly excludes market conditions and obligations to pay money. A party claiming the occurrence of such an event shall promptly notify the other party thereof.

18. FAILURE TO ENFORCE

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

19. THIRD PARTY RIGHTS

The parties to this Agreement do not intend that any term of this Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

20. GOVERNING LAW AND JURISDICTION

20.1 These conditions and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the law of England.

20.2 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these conditions.

Annex A

Copyright notices, data restrictions and other references to the Data Products

1.1 Developer shall ensure that the appropriate acknowledgements and notices appear at a suitable place against or within the Data Products, Derived Data Products or the Complex Product Derived Works (where such use is authorised by this Agreement), in such a manner that they are prominent and easily accessible.

1.1.1 The following notice shall be incorporated into any application created by the Developer:

“© Snowflake Software; Some rights reserved. Not for Air Traffic Control or Safety Critical use, Not for Navigation.”

1.1.2 The following notices where data is provided by the respective provider (CLASS V APIs as defined on https://laminardata.aero) shall be incorporated directly adjacent to any other such notices within the application such as under a “Help -> About” Menu or “3rd Party Agreements” section:

“This service is being created and provided by using electronic data products which have been created and made available by the European Organisation for the Safety of Air Navigation (EUROCONTROL). All rights reserved.”

1.1.3 Developer shall ensure that no reference to Snowflake or any data provider is made in or in association with any form of promotion or advertisement other than as described in Clause 6.6 without the prior written consent of Snowflake.

1.1.4 Developer shall not make or authorise others to make any claim that Snowflake or any data provider (including Snowflake’s licensor) in any way endorses the Data Products or the Complex Product Derivative Works save where otherwise agreed by Snowflake in writing.

1.1.5 Developer shall not make or permit others to make any inaccurate or misleading statement about Snowflake or any data provider (including Snowflake’s licensor) or their products and services.

1.2 When accessing data originally provided by EUROCONTROL via the NM B2B services i.e. CLASS V APIs, Developer agrees to comply with the followng:

1.2.1 The applicable national and International Civil Aviation Organization (ICAO) regulations, and in particular but not exclusively:

1.2.1.1 ICAO Annex 2 to the Convention on International Civil Aviation – Rules of the Air

1.2.1.2 ICAO Doc 4444 ATM/501 – Procedures for Air Navigation Services – Air Traffic Management (PANS-ATM).

1.2.1.3 ICAO Doc 7030/4 – European (EUR) Regional Supplementary Procedures.

1.2.1.4 The operational procedures described in the EUROCONTROL Network Operations Handbook.

1.3 The rules for use of EUROCONTROL Network Manager (NM) Data via CLASS V APIs:

1.3.1 When using the Service, End Users consequently receive access to NM data which is subject to various restrictions (e.g. imposed by initial data providers).

1.3.2 Each individual End User of the Service and NM data is responsible for his/her actions and is therefore responsible for understanding and respecting the Data Rules of the systems he/she is authorised to use.

1.3.3 Therefore, the Customer shall abide, and ensure that its staff members (i.e. the individual End Users) abide, by the rules:

1.3.3.1 The NM data extracted from the Network Operations Systems may be used for operational ATFCM purposes and for ATM related studies only.

1.3.3.2 The NM data shall not be further transmitted or otherwise provided to a third party without the explicit agreement of the original data provider.

1.3.3.3 The NM data may not be displayed in publications unless approved by EUROCONTROL; in which case, EUROCONTROL shall be mentioned as the data source.

1.3.3.4 Acceptable Behaviour Rules for Flight Planning and ATFCM Operations – http://www.eurocontrol.int/network-operations/acceptable-behaviour-rules-flight-planning-and-atfcm-operations

1.4 When accessing data originally provided by AeroNavData, Developer shall ensure that the following provisions are included and agreed by Developers and End Users as part of a formal terms of service in connection with End Users access and use of data originally provided by AeroNavData:

1.4.1 Developers and End Users are granted a limited, non-exclusive, non-transferrable, right and license, during the Term of this agreement, to use, reproduce, perform, display, modify, create derivative works of, and reformat (“Use”) data provided by AeroNavData.

1.4.2 Developers or End Users may create derivative works for resale but may not resell AeroNavData data as provided in its original format.

1.4.3 Any transfer, sublicense or resale of data, in its original format, provided by AeroNavData by Developer or End User to any third party is strictly prohibited.

1.4.4 Data provided by AeroNavData is to be used for reference only, and not to be used in “Safe Taxi” applications or for navigation purposes. Data provided by AeroNavData is NOT authorized or licensed for use in any airborne or ground based navigation and any such use violates the terms of this Agreement.

1.4.5 All communication between End User and Developer will be through Snowflake via the Laminar Services and Laminar Website. AeroNavData does not provide technical support pertaining to services or data obtained by End User under this agreement.

1.4.6 Fees will be as set forth on the Laminar Data Website. END USER IS RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING LAMINAR DATA WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. End User agrees to pay such amounts and fees in accordance with the processes and procedures set forth in the Laminar Data Website terms. Fees and subscriptions will automatically renew during the Term.

1.4.7 End User can purchase a One-Time Download of data provided by AeroNavData at any time by providing Laminar Data with a valid credit card for proper payment of all fees.

1.4.8 End User can purchase a subscription to data provided by AeroNavData that will provide updates throughout the data subscription term. Updates to such data will be provided when changes to the data are available.

1.4.9 Use of, or inability to use, data provided by AeroNavData is at End User’s sole risk. NONE OF DEVELOPER, AERONAVDATA OR SNOWFLAKE MAKES ANY WARRANTY ABOUT THE ACCURACY OR QUALITY OF THE DATA AND DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DATA WILL BE UNINTERRUPTED OR ERROR-FREE.

1.4.10 Deviation from these terms is only permitted with the written permission of AeroNavData and Snowflake Software.Developer shall ensure that the formal terms of service with End Users shall expressly provide that the terms included in Sections 1.4.2, 1.4.3, 1.4.4, 1.4.5 and 1.4.8 above will survive any termination of such formal terms of service with End Users.

1.5 The following notice shall be incorporated into any display of AeroNavData’s airport map data used by the Developer: “Data provided by AeroNavData TM ; Some rights reserved. Not for Air Traffic Control, Safety Critical, or Safe Taxi use. Not for Navigation.”

1.6 Developer is required to include notice when displaying any French ULM data accessed or used by the Developer: “French ULM data provided by BASULM - French Federation of ULM; All rights reserved. Not for Air Traffic Control, Safety Critical, or Safe Taxi use. Not for Navigation".

DEPRECATION POLICY

1. Laminar Data Services and Data Products subject to this policy are the endpoints and responses documented from time to time for public use on the Developer portal (http://developer.laminardata.aero/documentation).

2. The Laminar Data Services and Data Products are versioned according to the number in the endpoint URL e.g. laminardata.aero/v3/. The current version is version 1 and versions 0.5 and 0.9 are now fully deprecated. Our commitments to continue to provide access to the Services and Data Products will apply separately to the endpoints and responses within each version published now and in future.

3. Within each version of the Services and Data Products, we aim to make no breaking (backwards incompatible) changes to the request or response structures within each API version. We may make breaking changes in the following circumstances:

3.2 where the Content is withdrawn or significantly changed by a data supplier, in which case we will give one month’s notice of the change or the amount of notice given by the data supplier to us, whichever is the lesser;

3.3 where the stability of the Service is affected by a current request or response structure, in which case we will give as much notice as is reasonably possible;

3.4 where there is a significant need among customers for a change, in which case we will give three months notice through regular developer communications

1. We may make non-breaking changes to the request and response structures at any time, in which case we will notify you within a month of making the change through regular developer communications.

2. If we make changes to the request or response structures we will publish this within a month in our documentation on the developer portal at https://developer.laminardata.aero.