Terms Of Use

By using one or more of Gulfstream’s Services (as defined below), you acknowledge and agree to all terms and conditions stated herein.

These Terms of Use are a binding agreement between you and Gulfstream Aerospace Corporation ("Gulfstream," "We," "Us," and "Our").

Your use of any and all Gulfstream mobile applications ("Apps"), websites, user accounts, and any Subscription-Based Services (as such term is defined in Annex B hereto) (collectively, the "Services") are subject to the following binding terms and conditions ("Terms of Use"), along with any additional terms specific to the App being used ("Additional Terms," together with the Terms of Use and all annexes, schedules, and/or addendums hereto, the "Agreement"). In the event there is a conflict or inconsistency between these Terms of Use and the Additional Terms, the Additional Terms shall govern as to the extent of such conflict or inconsistency.

Your use of the Apps through Apple iOS mobile application software is subject to the additional terms in Annex A, which are incorporated herein.

By your use of the Services you agree to this Agreement, and you certify that you are 18 years old or older and are able and competent to give Gulfstream rights as detailed in this Agreement and to comply with this Agreement. The Services are not intended for individuals under the age of 18.

In the event you are entering into this Agreement on behalf of other person(s) and/or organization(s), you hereby represent, warrant, and affirm that you are authorized to enter into this Agreement on behalf of, and to bind, such other person(s) and/or organization(s). This Agreement shall be binding upon you and such other person(s) and/or organization(s), and any references to "you" herein shall refer to you and such other person(s) and organization(s), as applicable.

Gulfstream reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of this Agreement may jeopardize your continued use of the Services.

NOTE: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER PROVISION IN SECTION 14 THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTES. PLEASE BE SURE THAT YOU UNDERSTAND AND AGREE TO THOSE CONDITIONS BEFORE YOU USE THE SERVICES.

1. Your Privacy

To understand how we collect, use, and safeguard the information you may provide to us via the Services, including personal information, please review our Privacy Notice and any Addenda applicable to the Services.

2. Your Account

If you create an account on or using the Services, you are responsible for maintaining the confidentiality of your account information and password, and for protecting and restricting access to such information. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity. We reserve the right, in our sole discretion and without notice to you, to terminate your account and/or to restrict access to all or part of the Services for any reason, including, without limitation, for extended periods of inactivity.

3. Product Descriptions

We endeavor to be accurate when describing and displaying products and services on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The particular technical specifications and settings of your device and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the "Disclaimers" section below, Gulfstream does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

4. Limited License

Subject to this Agreement, you are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, information, functionality, software, data, products, and materials contained, described, referenced, or available on the Services (collectively, "Materials") for your personal use and for your internal business purposes, but not for, or for the benefit of, any third parties (the "Limited License"). Neither title nor intellectual property rights are transferred to you, but remain with Gulfstream, who, along with its licensors, is the exclusive owner of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to Gulfstream. In connection with this Limited License, you may download Materials, provided that you do not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein.

As part of the Limited License, you may include a link to the Gulfstream website on one or more other websites operated by you, provided such websites link to the home page (www.gulfstream.com) only and you are not linking from any site or service that violates any of the below "Restrictions on Use" or that is or contains Malicious Code (as defined below) and/or content that is disparaging, abusive, harassing, illegal, discriminatory, fraudulent, or violates the intellectual property, privacy, or other rights of Gulfstream or any person or entity in Gulfstream’s sole discretion. Linking to other content within the Services is prohibited without Gulfstream’s prior express written consent. This Limited License expressly prohibits the framing of Gulfstream content in any way or any other activity that may confuse, misdirect, or misrepresent with respect to sponsorship or affiliation.

5. Restrictions on Use

You agree that you shall not:

(a) Copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, rent, lease, lend, otherwise distribute or commercially exploit (except, and solely to the extent expressly permitted under, the Limited License) in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Services or any Materials obtained from or through the Services;

(b) "Frame" or use the Services or any Materials in any way that might confuse, misdirect, or misrepresent their source, or sponsorship or affiliation thereof or therewith;

(c) Use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Services or any Materials;

(d) Take any other action that imposes an unreasonable or disproportionately large load on the Services or on Gulfstream or its service providers;

(e) take any action in connection with your use of Services or Materials which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; or

(f) otherwise use the Services for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to Gulfstream or third parties) and the posting or distribution of any "harmful" or "malicious" code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, "Malicious Code").

FINALLY, DO NOT USE THE SERVICES WHILE OPERATING A VEHICLE OF ANY KIND OR WALKING/RUNNING. SUCH USE MAY DISTRACT YOU, MAY CREATE A HAZARD FOR YOU OR OTHERS AND MAY BE ILLEGAL IN YOUR JURISDICTION.

6. Proprietary Materials

The Services and Materials have been compiled by Gulfstream from internal and external sources prepared solely for the purpose of providing functionality and/or information about Gulfstream, its subsidiaries, and its and their products and services to customers and other permitted users. Gulfstream reserves the right to make changes to the information, data, and materials provided on the Services without notice. All Services and Materials, including but not limited to all works of authorship, design, text, images and data compilations; any improvements or modifications to such Services or Materials; any derivative works based thereon; and the collection, arrangement and assembly of all such Services and/or Materials, are owned and/or controlled exclusively by Gulfstream and/or its licensors and are protected by United States and worldwide copyright and other intellectual property laws and treaty provisions.

The trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Services are the proprietary service marks or trademarks of Gulfstream, its licensors, or third parties, and are protected in the United States and internationally. No use of any of these marks or identifiers may be made without the prior, written authorization of Gulfstream or its licensors as applicable.

The Materials, products, technology, or processes used or described in the Services may be the subject of other intellectual property rights reserved by Gulfstream or other third parties. Except as otherwise expressly provided herein and in the Additional Terms, if any, no ownership or license is granted with respect to any intellectual property rights. You agree not to disclose any information or data contained on the Services to any third party except with the prior, written authorization of Gulfstream. Without limiting the foregoing, except to the extent subject to the Privacy Notice, all information and data collected from or through the Services are owned by Gulfstream, and protected under applicable law.

Except as expressly set forth above, nothing in this Agreement shall be deemed to grant to you or any other individual or entity any license or right in or to any copyright, trademark, trade secret, or other proprietary right, whether owned by Gulfstream, its licensors, or any other person.

Certain Services may include third-party or open source software code, and the use of such Services is also subject to the applicable license terms for such code. Consult the Additional Terms for such Services for more information.

7. Monitoring Use of the Services

We expressly reserve the right to monitor any and all use of the Services and Materials, but have absolutely no obligation to do so, nor to continue to do so at any point. We also reserve the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Materials. Our decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any provision of this Agreement or any of our legal rights. Similarly, our failure to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision.

8. Subscription-Based Services

The use of subscription-based services (e.g., Gulfstream’s computerized maintenance program or "MyCMP", Gulfstream Technical Publications, Planebook) is also subject to the additional terms listed in Annex B to these Terms of Use and the terms listed on the invoice or otherwise provided to you at the time of sign-up for or purchase of such subscription-based services.

9. Disclaimers

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (2) ANY WARRANTY REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS; (3) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE SERVICES OR MATERIALS; (4) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, MATERIALS, AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (5) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

IN ADDITION, GULFSTREAM CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE SERVICES ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND GULFSTREAM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.

GULFSTREAM SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO ANY GOODS PROVIDED AND/OR SERVICES PERFORMED BY OR ON BEHALF OF GULFSTREAM BASED ON ANY INCOMPLETE OR INACCURATE DATA FURNISHED BY YOU.

10. Limitations of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GULFSTREAM NOR ITS AFFILIATES NOR ANY OF ITS OR THEIR THIRD-PARTY PROVIDERS OR LICENSORS, INCLUDING WITHOUT LIMITATION APPLE INC., SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE SERVICES, NOR WILL GULFSTREAM, ITS AFFILIATES, NOR ANY OF ITS OR THEIR THIRD-PARTY PROVIDERS OR LICENSORS, INCLUDING WITHOUT LIMITATION APPLE INC., BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, GULFSTREAM’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, COMBINED WITH THAT OF GULFSTREAM’S AFFILIATES AND ITS AND THEIR THIRD-PARTY PROVIDERS AND LICENSORS,WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENTS THAT GAVE RISE TO SUCH LIABILITY; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

11. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold Gulfstream, its affiliates, its and their licensors, and each of the foregoing’s affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, licensors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your use of the Services, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Services; (b) your violation of the Agreement; (c) any Submission (as defined below) you provide; or (d) your violation of any rights of any third party.

12. Third-Party Websites and Materials

The Services may provide links or references to third-party websites, mobile applications, services, or materials that are not provided by, related to, or maintained by Gulfstream. Gulfstream has no responsibility for the content thereof, regardless of whether the link is provided by Gulfstream or a third party, and Gulfstream shall not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any Terms and Conditions, Terms of Use, and Privacy Policies, Notices, or Statements (and similar documents) associated with such third-party websites, applications, services, or materials before use.

The display of any link shall not and does not constitute or imply endorsement by Gulfstream or its licensors of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding Gulfstream.

13. Communications with Gulfstream and Submissions

Any communications you send to or using the Services or otherwise to Gulfstream, including through external email or telephone applications to which the Services link (the "Submissions"), are provided on a non-confidential basis, and, except to the extent set forth in the Privacy Notice and/or any Addenda that apply to the Services, Gulfstream is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. Gulfstream shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods and services.

The sender of any communications to Gulfstream shall be responsible for the content and the information contained therein, including their truthfulness and accuracy.

14. Disputes

This Agreement is governed and interpreted pursuant to the laws of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law. Gulfstream makes no representation that Materials provided through the Services are applicable or appropriate for use in all locations. If you use the Services from other locations, you are responsible for compliance with applicable local laws. If you take legal action relating to this Agreement or your interactions with or relationship to Gulfstream that is not subject to arbitration as provided below, you agree to file such action only in the state and federal courts located in Savannah, Georgia and waive any objection you may have to the venue or forum.

You acknowledge and agree that the terms contained in this Agreement are reasonable and necessary, and that your actual or threatened breach of this Agreement would give rise to irreparable harm to Gulfstream for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle Gulfstream to immediate injunctive and other equitable relief without any requirement to post bond.

Any controversy or claim between you and Gulfstream arising out of or relating to this Agreement, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Agreement, will be governed by and construed in accordance with the laws of the State of Georgia, excluding its choice of law rules and will be settled by binding arbitration in Savannah, Georgia under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and administered by the AAA. The Parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to this Agreement. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, Gulfstream and you shall each select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by Gulfstream and you are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. Notwithstanding this arbitration provision, Gulfstream may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts by you.

NEITHER YOU NOR GULFSTREAM WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT.

15. Excusable Delay.

Gulfstream shall not be liable to you for failure or delay in the performance of any terms and conditions hereof, when such failure or delay is due to causes beyond the reasonable control of Gulfstream and without its fault or negligence, such causes including, but without being limited to, labor disputes; power failures; service interruptions; riots; civil unrest; terrorist or criminal actions; government action; and/or the unavailability of certain government-owned facilities or resources which are used by Gulfstream.

16. Changes to our Terms of Use

Gulfstream reserves the right, at any time and without notice, to add to, change, update or modify these Terms of Use or any Additional Terms simply by posting such change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. You should check regularly to see the most recent version of this Agreement.

17. Regulatory Obligations

The Services are provided in and from the United States and their use shall be governed in accordance with the laws of the United States and the State of Georgia, U.S.A. In accessing and using these Services, you agree to abide by all applicable U.S. laws and regulations, without limitation, the U.S Department of State administered International Traffic in Arms Regulations (22 CFR Chapter 1, Subchapter M, Parts 120-130, the Department of Commerce administered Export Administration Regulations (15 CFR Parts 300 to 799), and/or any of the sanction programs or restrictions administered by the U.S. Department of Treasury, Office of Foreign Asset Control.

If you use or access the Services from locations outside of the territorial jurisdiction of the United States, you do so at your own risk, and you are responsible for compliance with any and all applicable United States and foreign government laws and regulations. You will not use or access the Services from jurisdictions where any content or features that are available on or through the Services are illegal. You will not access or use the Services if (i) you are presently located in a country that is subject to U.S. Government sanctions or embargos, or that has been designated by the U.S. Government as a "terrorist supporting" country, and/or (ii) if you or a related party is or later becomes subject to any U.S. Government or foreign country’s list of prohibited, restricted, or sanctioned parties. Notwithstanding the above in this paragraph, certain "informational materials", provided through or accessed via the Services, required by U.S. or international aviation regulations related to aircraft safety of flight and operation may still be accessible.

The flight manuals and/or other documentation required or approved by the FAA or other applicable foreign aviation authority for an individual aircraft shall be used as the sole authorized document(s) for operation of such aircraft, and the use of the Services or any information contained on the Services does not in any way release the operator of any Gulfstream aircraft from his/her obligation to strictly comply with such manuals and documentation and all applicable laws and regulations.

18. Securities

The information and material provided on the Services does not constitute an offer to sell or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision.

19. Amendments and Modifications to the Services

Gulfstream reserves the right to make changes to the information, data, and Materials provided on the Services at any time without notice. Gulfstream also reserves the right to modify or discontinue the some or all of the Services, or any Materials contained or accessible thereon, at any time without prior notice. Gulfstream shall in no way be held liable for any consequence that results from Gulfstream’s decision to modify or discontinue providing the Services or any content or functionality thereof.

20. Assignment

You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void.

21. Miscellaneous

This Agreement sets forth the entire understanding between you and Gulfstream with respect to the subject matter hereof and supersedes any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Gulfstream with respect to such subject matter. If any part of this Agreement is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

22. Contacting Us

If you have any questions, complaints, or claims regarding the Services or this Agreement, please contact us:

Gulfstream Aerospace Corporation
PO Box 2206
Savannah, GA 31402-2206
+1 912 965 3000


ANNEX A: APPLE IOS SOFTWARE APPLICATIONS

The following additional terms apply to your use of the Apps (as defined in the Terms of Use above) through Apple iOS mobile application software programs ("App Services"), and are in addition to the Terms of Use above and any Additional Terms, which are incorporated herein by reference.

1. The Agreement is entered into and binding between you and Gulfstream, and not Apple, Inc. ("Apple"), and as between Gulfstream and Apple, Gulfstream is responsible for the App Services and their content, subject to the limitations and disclaimers contained in the Agreement. Apple has no obligation whatsoever to furnish any maintenance and support with respect to the App Services. Apple is not responsible for addressing any claims by you or any third party relating to the App Services, including but not limited to: (a) product liability claims; (b) any claim that the App Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App Services or your possession and use of the of the App Services infringes that third party’s intellectual property rights, Gulfstream, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

2. You are only permitted to use the App Services on any Apple-branded products that you own or control, and as permitted by the App Store Terms of Service, except that the App Services may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing functionality or volume purchasing.

3. Gulfstream is providing the App Services AS-IS, and disclaims all warranties of any kind, express or implied, as fully set forth in the Agreement. To the extent any warranty is nevertheless adjudged to exist by a court of law or other legal authority with respect to the App Services, and is not effectively disclaimed by the Agreement, however, Gulfstream, and not Apple, is responsible for any such warranty term with respect to the App Services. Apple’s sole warranty obligation in such circumstances is limited to refunding the App Store purchase price of the particular App Services upon receipt of notification from you that the App Services failed to conform to the applicable warranty, and to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty shall be Gulfstream’s sole responsibility.

4. You must comply with any applicable terms of third-party agreements relating to your use of the App Services.

5. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of the Agreement with respect to the App Services, and that, upon your acceptance of the Agreement, Apple will have a right (and will be deemed to have accepted the right) to enforce the Agreement against you with respect to the App Services as a third-party beneficiary thereof.


ANNEX B: SUBSCRIPTION-BASED SERVICES

The following terms apply to your use of Gulfstream’s subscription-based Services (e.g., the Gulfstream computerized maintenance program or "MyCMP", "Publications," and "PlaneConnect"), in any media, whether paid-for or free of charge, (collectively, "Subscription-Based Services") and are in addition to the Terms of Use above, which are incorporated herein by reference. Your access to Subscription-Based Services may also be governed by separate sales or purchase order terms authorizing you to access the Subscription-Based Services or any other terms provided to you at the time of sign-up or purchase for such Subscription-Based Services. In the event of any conflict between such sales or purchase order terms, this Annex B, and the Terms of Use, the separate sales or purchase order terms shall control as to the conflicting term for that Subscription-Based Service.

1. Authorization to Access Subscription-Based Services. By accessing any Gulfstream Subscription-Based Services, you represent that you have been previously authorized by Gulfstream to access such Services. You may not continue to access Subscription-Based Services if you are no longer employed by the employer with whom you were employed at the time Gulfstream granted such authorization. If you have a new or different employer from the time Gulfstream granted such authorization, you must obtain new authorization from Gulfstream.

2. Your Obligations as a Subscription Holder. You agree to provide Gulfstream with all information and data that may be necessary for Gulfstream and/or its employees, agents, contractors, and service providers to provide the Subscription-Based Services, which may include, but are not limited to, complete aircraft maintenance history and data.

3. Payment Terms. You agree to remain current on all payments due to Gulfstream, if any, for access to Subscription-Based Services. You understand that Gulfstream may suspend or terminate access to such Subscription-Based Services in the event of a past-due payment that is, in Gulfstream’s reasonable discretion, not the subject of a bona fide dispute. In the event your access to the Subscription-Based Services is suspended or terminated for any reason, Gulfstream reserves the right to charge a reactivation fee to re-enable such access. All subscription rates and prices for Subscription-Based Services are subject to change and any such changes will be in effect at the next applicable renewal date or new subscription activation date. Gulfstream will not provide pro rata refunds for any unused time or portions of such Subscription-Based Services in the event that you elect to discontinue use of the Subscription-Based Services prior to the expiration of your subscription or pre-paid access. Your subscription and/or access to any Subscription-Based Services is not transferable to any third party, including but not limited to new owners of your aircraft in the event of a sale, or to third party vendors or service providers, unless a properly completed Master Information Record (MIR) has been received, processed, and approved by Gulfstream.

4. Taxes. All federal, state, local and foreign taxes, levies, penalties and tariffs applicable to the provision of, or payments relating to, Subscription-Based Services provided hereunder, if any, shall be your responsibility and, in addition to any indemnification obligations set forth in the Terms of Use, you agree to indemnify and hold Gulfstream harmless with respect thereto.

5. Impossibility of Performance. If a delay referenced in Section 15 of the Terms of Use renders performance of Gulfstream’s obligations impossible with respect to Subscription-Based Services, then Gulfstream shall, upon your written request, terminate such Subscription-Based Services and Gulfstream shall refund a pro rata portion of amounts paid to access the applicable Subscription-Based Services with no further liability to either party.