End User License Agreement

This End User License Agreement ("EULA") is a legal agreement between you ("you" or "Licensee") and Abeam LLC (doing business as EFISCharts, "EFISCharts," "we," "us," or "our") governing your use of the EFISChartSync application and any associated chart data files (collectively, the "Application").

By installing or using the Application, you agree to be bound by this EULA. If you do not agree, do not install or use the Application.

1. License Grant

Subject to the terms of this EULA and your maintaining an active EFISCharts subscription, EFISCharts grants you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the Application on computers and devices that you own or control
• Download, store, and transfer chart data files to USB storage devices for use with compatible Dynon or Advanced Flight Systems (AFS) avionics

This license is for your personal, non-commercial use only. You may not use the Application or chart data in connection with any commercial aviation operation, flight training business, or service offered to third parties without a separate written agreement with EFISCharts.

2. Subscription Requirement

Use of the Application requires an active EFISCharts subscription and a valid activation code. Your license to use the Application and access chart data is contingent on your subscription remaining current. Upon expiration or cancellation of your subscription, your right to download new chart data ceases, though previously downloaded data may remain on your devices.

3. Restrictions

You agree that you will not, and will not permit any third party to:

• Copy, modify, or create derivative works of the Application
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Application
• Distribute, sublicense, lease, rent, loan, sell, or otherwise transfer the Application or your activation code to any third party
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Application
• Use the Application or chart data in any manner that violates applicable law or regulation, including FAA regulations
• Use automated scripts or tools to access or download chart data outside of the Application's provided functionality
• Use the chart data to create or populate any competing product or service

4. Updates and Changes

EFISCharts may from time to time develop updates, patches, or new versions of the Application. Updates may be required to continue accessing chart data. You agree that EFISCharts may automatically update the Application on your device, and that the terms of this EULA will apply to all updates unless a separate license accompanies the update.

EFISCharts reserves the right to modify, suspend, or discontinue the Application or any part of it at any time. We will provide reasonable notice of material changes that affect your use of the Application.

5. Chart Data

Chart data delivered through the Application is derived from FAA aeronautical publications and updated on each 28-day AIRAC cycle. You acknowledge that:

• Chart data has an expiration date corresponding to the end of each AIRAC cycle
• It is your responsibility to ensure current chart data is loaded before each flight
• EFISCharts does not guarantee that chart data will be free of processing or transmission errors
• Chart data is formatted for specific Dynon and AFS avionics models and may not be compatible with other systems

6. Aviation Disclaimer

The Application and chart data are designed as supplemental cockpit tools to enhance situational awareness. They are not:

• Certified as primary aeronautical navigation equipment under any FAA or EASA standard
• A substitute for official FAA-published aeronautical charts or publications
• A substitute for proper preflight planning, weather briefings, or NOTAMs review
• A replacement for your own aeronautical judgment as Pilot in Command

You, as Pilot in Command, are solely and exclusively responsible for the safe operation of your aircraft and for complying with all applicable aviation regulations. No information displayed through the Application should override your aeronautical judgment or supersede applicable regulations.

7. Privacy

Your use of the Application is also governed by our Privacy Policy, which is incorporated into this EULA by reference. By using the Application, you consent to the collection and use of your information as described in the Privacy Policy.

8. User Content and Feedback

You may from time to time submit feedback, bug reports, suggestions, or other communications to EFISCharts regarding the Application ("Feedback"). By submitting Feedback, you grant EFISCharts a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, and incorporate that Feedback into the Application or related products and services without any obligation of compensation or attribution to you.

EFISCharts may also collect and use aggregated, anonymized data about how you use the Application, such as feature usage patterns and performance metrics, for the purpose of improving the Application and developing new features. Such aggregated data will not identify you personally.

9. Export Controls

The Application and chart data may be subject to United States export control laws and regulations, including the Export Administration Regulations (EAR). You agree that you will not use, export, re-export, or transfer the Application or chart data, directly or indirectly, to any country, entity, or individual in violation of applicable US export control laws and regulations or economic sanctions programs administered by the US Treasury Department's Office of Foreign Assets Control (OFAC). By using the Application, you represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to a US government embargo, and that you are not on any US government list of prohibited or restricted parties.

10. Intellectual Property

The Application, including all software code, design, user interface, and documentation, is owned by Abeam LLC and is protected by copyright, trade secret, and other applicable intellectual property laws. The underlying FAA aeronautical chart data is published by the Federal Aviation Administration and is in the public domain; however, EFISCharts' formatting, georeferencing, processing pipeline, and delivery infrastructure are proprietary.

This EULA does not grant you any ownership interest in the Application. All rights not expressly granted herein are reserved by Abeam LLC.

11. No Warranty

THE APPLICATION AND CHART DATA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABEAM LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

EFISCHARTS DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, OR THAT DEFECTS WILL BE CORRECTED. YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABEAM LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER LOSS ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF EFISCHARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL EFISCHARTS'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS EULA EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION OR SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term. Upon termination, you must cease all use of the Application and destroy all copies in your possession. Sections 10, 11, 12, and 15 survive termination of this EULA.

EFISCharts may also terminate this EULA if your subscription lapses and is not renewed within a reasonable grace period.

14. Apple App Store Additional Terms

If you obtained the Application through the Apple App Store, the following additional terms apply:

• This EULA is between you and Abeam LLC only, not Apple Inc. Apple is not responsible for the Application or its content.
• Apple has no obligation to provide any maintenance or support services for the Application.
• Apple is not responsible for addressing any claims relating to the Application, including product liability claims, consumer protection claims, or intellectual property infringement claims.
• Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance, Apple will have the right to enforce this EULA against you as a third-party beneficiary.
• Your use of the Application must also comply with the Apple Media Services Terms and Conditions.

15. Governing Law

This EULA is governed by and construed in accordance with the laws of the United States and the state in which Abeam LLC is organized, without regard to conflict of law principles. Any dispute arising under this EULA shall be resolved as set forth in the EFISCharts Terms of Service.

16. Contact

If you have questions about this EULA, please contact us:

Abeam LLC
Contact: efischarts.com/support
Website: www.efischarts.com