END-USER LICENSE AGREEMENT (EULA) FOR AVIOVISION SOFTWARE. Important: Please read the terms and conditions of this EULA carefully. This EULA contains the user terms adopted by AvioVision N.V., a Belgian corporation with registered office at Herkenrodesingel 8, D3.01, 3500 Hasselt, Belgium ("AvioVision") for all individual users of its Software Solution ("You"), AvioVision and You are hereinafter referred to as a "Party" and collectively, the "Parties". WHEREAS 1. AvioVision has developed and owns the "AVIO SOFTWARE SUITE", hereafter "Software" or "Product", a platform for the management and distribution of electronic flight related content, data and information, consisting of server software (hereafter "AVIOBASE"), and mobile software, being for Android, Windows or iOS (hereafter "the Application"). 2. AvioVision has entered into a separate license agreement with the airline or operator on behalf of whom You are using the Application, hereafter the "Operator" in which it grants a license on the entire "Software Solution" (being the Software, and associated deliverables) on specific terms. 3. AvioVision wants individual End-Users that will be using the Software Solution on behalf of the Operator such as You to comply with the following terms and conditions: THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF THE AGREEMENT 1.1 This EULA is not a standalone agreement. It is only valid if and to the extent that You use the Application in connection with AVIO BASE, which must be licensed to the Operator, in a separate and valid license agreement. In case of a conflict between the text of the latter license agreement (on the basis of which you are allowed to enter into this EULA) and this EULA, the license agreement will prevail. 1.2 This EULA determines the terms and conditions of the license of the Application and related documentation, as granted by AvioVision to You. 2. INTELLECTUAL PROPERTY RIGHTS 2.1 "Intellectual Property Rights" means all intellectual, industrial and other property rights (irrespective of whether these are registered or not), including but not limited to copyrights, related rights, marks, trade names, logos, drawings, models or applications for registration as a drawing or model, patents, patent applications, domain names, know-how, as well as rights to databases, computer programs and semi-conductors. 2.2 You recognize that all Intellectual Property Rights in the Application and in the Software, the Software Solution and related written and electronic information (hereafter "Documentation"), are vested with AvioVision or third parties that AvioVision has entered into an agreement with. 2.3 Nothing in this EULA will be understood as granting to You any other rights in the Application than the license rights explicitly granted to You, under Article 3. 3. LICENSE 3.1 AvioVision grants to You a non-exclusive, non-transferable, non-assignable, non-sub-licensable and revocable license (the "License") to use the Application and Documentation, in accordance with this EULA. Use of the Application may imply use of (parts of) the Software or Software Solution, which use is equally covered by this License. 3.2 The License is granted to You provided that you are a duly trained, professional user. 3.3 The License allows You to install the Application on one mobile computing device that either You or the Operator owns or controls. You may use the Application as approved or restricted by the competent supervising authorities. 3.4 This EULA will govern any updates or upgrades of the Application provided by AvioVision, which replace or supplement the original Application, unless such update or upgrade is accompanied by a separate End-User Agreement in which case the terms of that new agreement if approved by the Operator, will govern such update or upgrade. 3.5 Title and Intellectual Property Rights in and to any content displayed by or accessed through the Application belong to the respective content owner. Such content may be protected by Intellectual Property Rights and may be subject to terms of use of the third party providing such content. This EULA does not grant You any rights to use such content. 4. RESTRICTIONS ON USE 4.1 You shall not: - Copy, reproduce, or publish this Application; - Distribute copies of this Application or Documentation to others; - Modify, adapt, reverse engineer, disassemble, attempt to derive source code or source files, or decompile this Application or any part thereof; - Create derivate works based on this Application or the Documentation; All except as and to the extent only that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included in the Application.4.2 You shall not assign, sell, rent, lend, transfer, sublicense or sublease this Application. 4.3 The AVIO EFB is for use on portable EFB hardware only. The use of the Software Solution on installed EFB hardware is prohibited. You are not allowed to use the AVIO EFB other than as Type A or B EFB software on EFB portable hardware. In this article, the terms portable and installed and Type A and B EFB software are as defined by EASA. 5. PRIVACY POLICY AND CONSENT WITH USE OF DATA 5.1 The protection of Your personal data is of high importance to AvioVision, therefore AvioVision takes all reasonable care to ensure that Your personal data is processed safely. 5.2 When using the Application, AvioVision, acting as data processor for the Operator, will process Your personal data such as identification data, professional data, connection data, localization data and sensitive data. This data is used for the purposes of (i) providing services to You and to the Operator, and (ii) optimizing its services. 5.3 In order to carry out the processing activities specified therein, Aviovision relies on the execution of the license agreement signed between AvioVision and the Operator. For the abovementioned purposes, Your personal data will be kept for the duration agreed in the license agreement signed between AvioVision and the Operator. 5.4 Aviovision may rely on other entities of Thales Group or service providers for providing You and the Operator with the best services. Such sharing may imply transfers of Your personal data out of the European Economic Area (EEA). AvioVision pays particular attention to the processing of Your personal data, for this very reason, where such transfers out of the EEA take place, Aviovision implements EU Model clauses or other appropriate safeguards with the entity out of the EEA which processes Your personal data. You can obtain a copy of such clause by addressing Your request at the address referred to below. 5.5 In any case, You have a right of access to and correction of your personal data. You can request as well that Your personal data be rectified or deleted. You are entitled as well to object to the processing of Your personal data or to request restriction thereof. In addition, You have the right to ask for receiving Your personal data in a structured and standard format. In case of any such request or complaint, please send an email to privacy@avio.aero. 5.6 The Application may require you to enter a serial number or user name and password to access the Application.5.7 You agree that AvioVision may also collect and use technical and related information, including but not limited to technical information about Your device (including Device UDID or equivalent), computer, physical location, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application. AvioVision will endeavor to make sure that this information does not identify You. If You would be identified or identifiable, the above privacy policy will apply. 5.8 To the extent that AvioVision will act as a processor for the Operator on behalf of whom You are using the Application, AvioVision will comply with the processing instructions of the Operator agreed in the license agreement referred to above 6. SERVICES AND THIRD PARTY MATERIALS 6.1 You acknowledge that AvioVision is not responsible for (i) all data and content entering into the Application that has been provided by either You, the Operator or Third Parties and (ii) Third Party applications that do not form part of the Software. To the extent You access such data and content, or uses such applications, it is done so at Your own initiative and risk. You are responsible for compliance with any applicable laws. 7. WARNINGS: SAFETY OF FLIGHT 7.1 You must at all times pay attention to flight conditions and situations. This Application may not be used where and when such use: a. Might interfere with the safe operation of the aircraft; or b. Is prohibited by applicable law. 8. NO WARRANTY 8.1 AvioVision has accepted a number of warranties in the license agreement entered into with the Operator. AvioVision does not grant any additional, further or other warranties to You as individual user using the Application on behalf of the Operator. Hence, this Application, as well as the Software, the Software Solution, the data, content and associated services are, to the maximum extent permitted by applicable law, provided to You "as is" and "as available", "with all faults" and without warranty of any kind, whether express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, quiet enjoyment and non- infringement of Third Party right. 8.2 You must perform regular updates to ensure that You are using the most current data and content. You are solely responsible for ensuring the adequacy of the information for intended flight or ground operation. 9. TERM AND TERMINATION 9.1 The license granted under this EULA may automatically be terminated without notice to You, if You fail to comply with any term of this EULA or any applicable law. The license granted under this EULA will equally and automatically be terminated without notice to You, if no valid license agreement would be in place (any more) with the Operator on the basis of which You are entitled to use (any parts of) the Software or Software Solution. 9.2 Upon termination of this EULA, for whatever reason, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application and its Documentation. 10. LIMITATION OF LIABILITY-GENERAL 10.1 AvioVision and the Operator have agreed on liability terms in the license agreement referred to above. AvioVision does not accept any additional, further or other liability towards You as individual user that is using the Application on behalf of the Operator. 11. AVIATION: ASSUMPTION OF RISK 11.1 You expressly acknowledge and agree to perform regular updates to ensure that the Application is using the most current data and content and that all software updates and patches rolled out by the Operator are used. 11.2 You expressly acknowledge and agree to comply with all applicable national and international laws governing airspace, aircraft operations, and equipment usage. The information, whether presented within, or represented by the Application, or Software Solution, does not take away Your sole and final responsibility to comply with the applicable regulations including but not limited to back up procedures as required, and the relevant airplane flight manual. 12. EXPORT COMPLIANCE 12.1 Both parties are responsible for compliance with: a. Any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the governments of the U.S. and the EU and, if applicable, other countries or regions; and b. b. The laws of the jurisdiction in which the Application was obtained. 12.2 You shall not attempt to, or knowingly export or re-export this Application covered under this EULA to any country or national thereof prohibited from obtaining such Application, either directly or indirectly. 13. LEGAL COMPLIANCE 13.1 You represent and warrant that: a. You are not located in a country that is subject to a United States Government or EU embargo, or that has been designated by the United States Government or EU as a "terrorist supporting" country; and b. b. You are not listed on any United States Government or EU list of prohibited or restricted parties. 13.2 You also agree that You will not use the Application for any purposes prohibited by United States or EU law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. 13.3 Each Party shall, at its sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to conduct its respective activities hereunder. 14. GOVERNING LAW AND JURISDICTION 14.1 Governing law and jurisdiction are as agreed to in the license agreement between AvioVision and the Operator on behalf of which You are using the Application. More in particular, all disputes concerning the validity, interpretation, enforcement, performance and termination of this EULA shall be governed by and construed in accordance with Belgian law. No effect shall be given to any other choice-of-law or conflict-of- laws rules or provisions that would cause the laws of any other jurisdiction to be applicable. 14.2 The competent courts in Brussels (Belgium, Dutch speaking chambers) will have exclusive jurisdiction to decide upon any matter in relation to this EULA. By way of exception, in the event of a need for provisional measures, a Party may turn to the court in the jurisdiction in which the provisional measures should be implemented.