Trade-marks and Copyright WXSYS® and associated icons are trade-marks of and copyright by, WXSYS Corporation www.wxsys.com BlackBerry™ and associated icon are trade-marks of and copyright by, Research in Motion Limited. www.rim.com iPhone™ , iPod™ , iPad™ ,Safari™are trade-marks of, Apple Inc. www.apple.com Terms and Conditions for Use of WXSYS® - On Demand - Aviation Application and/or, WXSYS® - On Demand - Email WX Application and/or, WXSYS® - E6B Application and/or, aviation.mobi website and/or, WXSYS® Locator Application WXSYS Corporation allows you to use the WXSYS® On Demand - Aviation and/or WXSYS® On Demand - Email WX Application (“Application”) and/or WXSYS® E6B Application and/or WXSYS® Locator Application and/or aviation.mobi in exchange for your acceptance of, and compliance with, the following terms and conditions (“Terms and Conditions”). You must acknowledge your acceptance of the Terms and Conditions, and any future amendments, before being permitted to use, or continue to use, as the case may be, the Application. YOU MUST READ THE TERMS AND CONDITIONS CAREFULLY AND ENSURE THAT YOU COMPLETELY UNDERSTAND THEM BEFORE ACCEPTING THEM. If you do not understand anything in the Terms and Conditions, ask a lawyer to help you out. If you discover any errors in these Term and Conditions, do not accept them. Contact WXSYS Customer Support concerning any errors at service@wxsys.com. If you accept the Terms and Conditions, your Email Username and/or your BlackBerry™ PIN-ID constitute an acceptable proxy for your legal name in this Agreement. 1. Description of Services. WXSYS® - On Demand - Aviation provides METAR, TAF, RADAR images, Satellite images, IFR Procedures, Airport Information, FBO & Fuel information, Local Time, Sunrise/Sunset, and SIGMET/AIRMET information, wirelessly, for most US airports and selected airports worldwide. WXSYS® - On Demand – Email WX provides, METAR, TAF, Sunrise/Sunset, SIGMET/AIRMET, and Airport Code Lookup, via email, for selected cities. Currently, the WXSYS® – On Demand - Aviation, is designed to operate RIM BlackBerry™ Smartphones running version 4 (or higher) of the BlackBerry™ operating system. The WXSYS® – On Demand - Email WX version is designed to operate with any email enabled device. The aviation.mobi service is designed to operate on any mobile device with a connected mobile browser. The WXSYS® Locator provides a means for Blackberry users to view, save, share and find location data among users. Currently, the WXSYS® Locator, app is designed to operate RIM BlackBerry™ Smartphones running version 5 (or higher) of the BlackBerry™ operating system, with a functioning GPS. 2. Disclaimer of Warranty and Waiver of Liability. This is the stuff our lawyers want in here. If you don’t understand this stuff, ask a lawyer to help you out: Disclaimer of Warranty & Waiver of Liability A. YOU AGREE THAT THE USE OF THE APPLICATION OR SERVICE IS AT YOUR SOLE RISK. NEITHER WXSYS CORPORATION, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION. B. THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE APPLICATION OR SERVICE. YOU ARE ADVISED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS TO PILOTS FOR THEIR SAFETY. YOU SHOULD KEEP ADVISED OF ALL SUCH COMMUNICATIONS. YOU ARE SOLELY RESPONSIBLE FOR ACTION, OR LACK OF ACTION, TAKEN TO PRESERVE LIFE OR PROPERTY. USE OF THIS APPLICATION IS NOT INTENDED TO REPLACE A FULL FLIGHT/VOYAGE BRIEFING OBTAINED FROM A QUALIFIED FLIGHT SERVICE SPECIALIST, OR MARINE BRIEFER, AS APPLICABLE. C. THIS WAIVER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY OF ANY MANNER WHATSOEVER CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION FAILURE, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE APPLICATION OR DATA FILES. D. IN NO EVENT WILL WXSYS CORPORATION, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, DISTRIBUTING, OR SUPPORTING THE APPLICATION OR THE CONTENT INCLUDED THEREIN, BE LIABLE FOR ANY DAMAGES OR INJURY WHATSOEVER ARISING FROM THE INSTALLATION, USE, UPDATING, OR UNINSTALLATION OF THE APPLICATION. THE APPLICATION IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, OR FOR A PARTICULAR PURPOSE. E. IN THE EVENT THAT PORTIONS OF THESE TERMS AND CONDITIONS ARE HELD BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, YOU AGREE THAT WXSYS CORPORATION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, INJURIES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APPLICATION. 3. Indemnification. In addition to the waiver above, you agree to fully indemnify and hold harmless WXSYS Corporation and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses arising out of your use of the Application. 4. Control of Application. WXSYS Corporation has the right, at any time, to change or discontinue any aspect or feature of the Application, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Application. 5. Proprietary Information. Sharing the Application with other individual BlackBerry™ handheld users, is permitted and encouraged. However, the Application is copyrighted. All rights are reserved. In the event that you provide feedback, suggestions, corrections, or content via the Feedback function, the Update Info Function, the Add New FBO Function, or via any other means, you agree to do so freely, without compensation, and without any proprietary claim to any suggestions, feedback, corrections, or content you may provide to WXSYS Corporation. You shall not attempt to copy, modify, de-encrypt, or decompile source code for the Application, or otherwise extract or reproduce elements or functionality of the Application. You shall not make the Application available to any individual or organization that may attempt to copy, modify, de-encrypt, or decompile source code for the Application, or otherwise extract or reproduce elements or functionality of the Application. 6. Retrieval Agent: You authorize WXSYS Corporation to act as your authorized retrieval agent. When you request it, WXSYS Corporation retrieves specific information from third party data providers on your behalf and sends it to you via the Application. Where applicable, this information may remain copyrighted by the original data provider and you acknowledge that you do not acquire any ownership rights by downloading information using the Application. As your retrieval agent, WXSYS Corporation accepts no liability for your use of the data. You may download one copy of the information you request for your personal, non-commercial, and private use only. Except as otherwise expressly permitted in law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded information is permitted without the express written permission of WXSYS Corporation and any copyright owners. 7. Collection of Data and Privacy: The functionality of the Application may require that WXSYS Corporation collect and utilize limited personal information and some data from the BlackBerry™ Handheld on which it is installed and operating on (this data includes the device ID codes, device email address, device model, query details). You agree to permit WXSYS Corporation to collect and utilize this information, but only for the purposes of administering your subscription and processing and delivering your WXSYS services via the Application. This information will not otherwise be sold, shared, or distributed to third parties without your express permission (we hate spammers too)! The WXSYS® Locator app enables users to share their location data among other Blackberry users. You acknowledge and consent to sharing your location data with other users on your Trusted Users list. Users on your Trusted Users list may access your location data at any time, subject to the Privacy Mode settings you have seleted within the WXSYS Locator app. You further acknowledge that you are solely responsible for adding or removing users from your Trusted Users list and for managing your Privacy Mode settings within the WXSYS Locator app. NB: WXSYS Corporation does not obtain your location data. 8. Amendments. WXSYS Corporation has the right, at any time, to require your acceptance of amendments to the Terms and Conditions in exchange for your continued use of the Application. Such amendments to the Terms and Conditions may include, without limitation, the addition of new terms and conditions such as fees and charges for the use of all or part of the Application. When amendments are made to the Terms and Conditions, the new version of the Terms and Conditions will be sent to you on your BlackBerry™ Handheld or by email and you will be required to accept the new version before you are permitted to continue to use the Application. You can view the current version of the Terms and Conditions at any time by selecting the ‘Terms’ option in the Page 1 menu of the Application or by visiting www.wxsys.com. 9. Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 10. Severability. It is intended that all provisions of these Terms and Conditions shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or a part of one is found to be void, voidable or unenforceable for any reason whatever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this agreement and all other provisions shall remain in full force. 11. Entire Agreement. Subject to paragraph 8, these Terms and Conditions and our agreement with respect to the fees for using the Application constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous agreements between the parties with respect to such subject matter. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it. 12. Applicable Law and Forum Selection. These Terms and Conditions shall be construed solely in accordance with the laws of the Province of Ontario, Canada. Any disputes between you and WXSYS Corporation and/or its directors, officers, employees, servants, and agents arising out of these Terms and Conditions or otherwise shall be adjudicated pursuant to the laws of the Province of Ontario. The parties agree that any disputes shall be litigated solely before a court of competent jurisdiction in the Province of Ontario to the exclusion of any other forum. 13. Contact Information: WXSYS Corporation, Post Office Box 1001, Guelph, ON Canada, N1H 6N1 Website: www.wxsys.com