1. Intellectual Property Rights

1.1. Ownership and License Grant. ACI on behalf of its Member Airports grants User a worldwide, non-exclusive, revocable, non-transferable, fee-bearing license to use and reproduce the Licensed Data solely through the ACI Portal. User acknowledges that the Licensed Data is the sole and exclusive property of Airport, and that this Agreement does not confer any transfer of title to, or ownership of, the Licensed Data to User or any other third party, whether through the use of the Licensed Data or otherwise. User shall not use the Licensed Data for any purpose except for the purposes set forth in this Agreement. User further expressly acknowledges and agrees that nothing in this Agreement shall grant User an exclusive right to provide the Licensed Data to any other entity, whether through the ACI Portal or otherwise, and ACI and Airport shall have the right in its sole and absolute discretion to enter into other agreements with any other entity for the license, use and distribution of the Licensed Data.

1.2. Limitations on Transfer of Data License. The license granted to User under this Agreement is expressly limited solely to User, and shall not extend any licensed rights to any third party. ACI shall use commercially reasonable efforts to: (a) provide that the Licensed Data provided to Users by ACI shall be consistent with and contain the same substantive information as the Licensed Data provided to ACI by Airport through the ACI Portal and (b) maintain the security and integrity of the Licensed Data in connection with its development, operation and maintenance of the ACI Airport Portal. User expressly acknowledge and agree that in accordance with these Terms of Use shall not constitute a sublicense or transfer of the Licensed Data prohibited by these Terms of Use.

1.3. Ownership of Improvements. User acknowledge that ACI may own, hold, or may independently develop in the future during the course of participation in the Portal, proprietary information and technology, including but not limited to software code, libraries, files, systems, interfaces, data, materials, improvements, techniques, development tools, utilities, methodologies, specifications, business methods, processes, formulae, algorithms, procedures and other know-how, information, and/or improvements and derivative works arising from or directly or indirectly related to the Licensed Data and its applications (collectively “Improvements”). User agrees that all improvements developed by ACI are proprietary to ACI and shall remain the ACI’s exclusive property subject to applicable laws of inventorship, and shall not constitute part of the Licensed Data.

1.4. Format of Licensed Data. ACI on behalf of its Member Airports agrees to provide the Licensed Data to User according to the ACRIS Standards.

1.5. Corrections of Licensed Data. In the event that User shall become aware or otherwise discover any errors or defects in the Licensed Data, then it agrees to notify ACI in writing of such errors, in sufficient detail to enable ACI to address and rectify such errors or defects. ACI shall acknowledge in writing receipt of such notification, and shall use commercially reasonable and diligent efforts to correct such errors or defects.

1.6. Modification of Licensed Data. ACI and User acknowledge and agree that the Licensed Data set forth in the Terms of Use may be updated, supplemented or replaced from time to time to provide for modification to the content, scope, format and/or technical specifications of the Licensed Data, and such action shall not constitute a modification or amendment of these Terms of Use.

1.7. Use of Airport Name; Restrictions on Use of Airport Intellectual Property. ACI grants User the right to use only the ACI’s name in conjunction with Users’ discussion and marketing. Notwithstanding the foregoing, User shall not use the intellectual property of the ACI, including, without limitation, the logo or other any mark of ACI without the prior written consent of ACI, in its sole and absolute discretion.

2. Content Third Party Content and Links

In the provision of data and information ACI may use its own staff resources or those of third parties or a combination of such resources in the preparation and presentation of said material(s). ACI will take all reasonable endeavors to ensure the accuracy of such material(s) and to the best of ACI's knowledge the numeric tables and numeric time series where shown are accurate but are subject to usual statistical norms and variables. ACI reserves the right to make alterations to products and services from time to time in the interests of maintenance, operability, accuracy, topicality and usefulness. ACI warrants that it has taken all reasonable endeavors to ensure such material(s) is free of intellectual property infringement insofar that this is possible. In addition, this web site and associated micro sites may provide links to other Internet sites or resources ("third party links"). ACI is providing these third party links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by ACI of those sites.

Because ACI has no control over such external resources and sites, you acknowledge and agree that ACI is not responsible for the availability of such external resources and sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such external resources and sites. ACI may terminate the availability of such external resources and sites through links on its web site at any time. ACI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through these channels.

3. Intellectual Property Rights

The contents of the data and information made available on this web site and associated micro sites, including, but not limited to text, data, graphics, and icons, are copyrighted materials owned by ACI, including its affiliates and subsidiaries, and its partners. ACI, www.aci.aero and other unique record locators (URL) and or other ACI logos and product and service names are trademarks of ACI, which are protected by applicable laws of certain countries. All rights are reserved. You must not modify, decompile, or reverse engineer any software ACI discloses to you via this web site, and you must not remove, overprint, or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of software or information from the web site. "ACI Trademarks" means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations ACI uses in connection with Products or Services. You are not permitted to incorporate any ACI Trademarks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. Any unauthorised use of any Materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4. Disclaimer of Warranties

While every effort has been made to ensure the quality and accuracy of information displayed on this web site, ACI makes no warranty, express or implied, concentrating the site and its contents and disclaims all WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. ACI FURTHER MAKES NO WARRANTY THAT THE WEB SITE OR ANY WEB SITES LINKED THERETO WILL BE ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

ACI DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGES OF ANY KIND ARISING OUT OF USE OF THIS WEB SITE OR ACCESS TO THIRD PARTY LINKS, CONTENTS OR SITES VIA THIS WEB SITE. ACI DOES NOT WARRANT THAT ACCESS TO THIS WEB SITE OR LINKED THIRD PARTY WEB SITES WILL BE AVAILABLE AT ALL TIMES, BUT IT WILL TAKE ALL NECESSARY STEPS TO RECTIFY FAULT(S) AS SOON AS REASONABLY PRACTICABLE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACI OR THROUGH OR FROM THIS WEB SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. ACI'S EMPLOYEES ARE NOT AUTHORISED TO VARY THESE TERMS.

5. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ACI IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF ACI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO:

(i) THE USE OF OR THE INABILITY TO USE THIS WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) unauthorised ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE AND ACI.AERO; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the web site and will not make a claim against ACI for lost data, re-run time, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD ACI HARMLESS FROM, AND YOU COVENANT NOT TO SUE ACI FOR, ANY CLAIMS BASED ON USING THE WEB SITE.

6. Privacy

ACI is committed to maintaining the privacy of those using its web site and has a privacy policy that governs the treatment of any personal information received through your visit to its web site. Your use of this web site is subject to ACI's privacy policy.

7. Severability

If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

8. Headings

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

9. No Waiver

The failure of ACI to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision.

10. Governing Law

These Terms of Use shall be governed by the laws of the Canton of Geneva, Switzerland, and the laws of Switzerland applicable therein, as if this Agreement were a contract wholly entered into and wholly performed within the Canton of Geneva, without reference to choice of law provisions. The parties to this Agreement irrevocably agree to submit to personal jurisdiction.