Customer hereby appoints ATP as its procuring agent, at ATP's sole expense, for the purpose of obtaining aircraft technical information and other documentation from all third party information suppliers, including, without limitation, aircraft manufacturers, engine manufacturers, instrument manufacturers, other equipment manufacturers, the Federal Aviation Administration, other federal or state agencies and any other third party.

ATP grants to Customer a non-transferable and non-exclusive right (the "License") to install, access and use the deliverables provided hereunder including (if applicable) all computer programs, as well as databases, documentation, information, updates, upgrades, and related materials ordered by the Customer and shipped by ATP (collectively the "Licensed Materials") on the number of users of personal, single-user workstation computers as set forth in writing by Licensor (the "Licensed Users") solely for the internal use of Customer (the "Licensed Use") at one site as designated in the Order Form (the "Licensed Site") for the period covered by the Customer's Subscription. Licensed Sites are defined as geographically separate units, even if they are within the same city; each branch, office, or facility is a different Licensed Site. IN NO EVENT SHALL LICENSEE REPRODUCE, PUBLISH, DISTRIBUTE OR DISCLOSE ANY PART OF THE LICENSED MATERIALS WITHOUT THE PRIOR WRITTEN CONSENT OF THE LICENSOR; IN NO EVENT WILL YOU EXPAND BEYOND THE LICENSED USE WITHOUT FIRST OBTAINING THE WRITTEN CONSENT OF ATP. THE FOREGOING LICENSE APPLIES TO ALL LICENSED MATERIALS INCLUDING ALL DELIVERABLES PROVIDED BY ATP; ALL THIRD-PARTY SOFTWARE (IF ANY) PROVIDED WITH THE DELIVERABLES ARE ALSO LICENSED MATERIALS AND SHALL ONLY BE USED WITH THE OTHER LICENSED MATERIALS AS PERMITTED HEREUNDER AND SHALL NOT BE USED INDEPENDENTLY.

Customer acknowledges and agrees that ATP and its licensors are the owner of all of its original work including all copyrights, patents, trademarks and other intellectual property rights of ATP in the products supplied to Subscriber hereunder, including but not limited to the structure, sequence and organization of those products. The Licensed Materials are protected by United States copyright laws, other intellectual property laws and international provisions. Customer acquires only the right to use the Licensed Materials, and do not acquire any rights of ownership in the Licensed Materials or the media which they are provided. Copyright is not claimed by ATP as to any part of an original work prepared by a United States Government Officer or employee as part of that person's official duties or by any other third party officer or employee as part of that person's official duties. "ATP" is a registered trademark of Aircraft Technical Publishers. All original authorship of ATP is protected under U.S. and foreign copyrights and is subject to written license agreements between ATP and its Subscribers.

While ATP will publish its pricing, ATP reserves the right to change prices without notice. All prepaid subscriptions are non-refundable AND ARE SUBJECT TO ATP'S OTHER PUBLISHED POLICIES AS SET FORTH ON ATP'S INTERNET WEB SITE AT WWW.ATP.COM/POLICY INCLUDING BUT NOT LIMITED TO POLICIES ON ADDITIONAL CHARGES THAT WILL APPLY, FOR EXAMPLE, TO EXPEDITED SHIPPING, LATE PAYMENT CHARGES AND OTHER MATTERS AS PUBLISHED FROM TIME TO TIME ON ATP'S INTERNET WEB SITE. Customer agrees to supply its electronic mail address and to receive communications from ATP by electronic mail; however, Customer understands that any notices to ATP regarding any alleged breach of this Agreement shall be in writing and shall be hand delivered or delivered by certified mail to ATP at its offices at: ATP, 101 South Hill Drive, Brisbane, CA 94005-1251.

The media on which the Licensed Materials are contained (for example, microfiche, disks, and/or CD-ROMs) are warranted to perform substantially in accordance with its then current documentation, for a period of ten (10) days from the date of delivery of the Licensed Materials (the "Warranty Period"). Any support or maintenance following the Warranty Period shall be by separate written agreement between the parties. EXCEPT AS PROVIDED BY THE FOREGOING, ATP MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE CONTENT, PERFORMANCE, USE OR ACCURACY OF THE LICENSED MATERIALS, OR ANY UPDATE, UPGRADE, RENEWAL, OR ANY OTHER PRODUCT OR SERVICE SUPPLIED HEREUNDER, AND ATP EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES IMPLIED BY LAW OR OTHERWISE ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR IN ANY OTHER MANNER. NO EMPLOYEE OF ATP IS AUTHORIZED TO MODIFY OR OTHERWISE CHANGE THIS AGREEMENT IN ANY RESPECT.

ATP DISCLAIMS ALL EXPRESS AND ALL IMPLIED WARRANTIES AND ALL OTHER REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDLESS OF WHETHER ARISING BY STATUTE OR OTHER LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE OR OTHERWISE. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY LICENSED MATERIALS OR OF ANY SERVICES, AND THERE IS NO WARRANTY THAT ERRORS OR OMISSIONS IN THE SOFTWARE OR IN ANY OF THE OTHER LICENSED MATERIALS WILL BE CORRECTED, OR THAT THE USE OR PERFORMANCE THEREOF WILL MEET CUSTOMER'S PURPOSE OR EXPECTATIONS. THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH IS, AT LICENSOR'S OPTION, EITHER: (a) REPAIR, (b) REPLACEMENT, (c) REFUND OF THE ANNUAL LICENSE, SERVICE, OR SUBSCRIPTION FEE, OR OTHER ANNUAL FEES PAID HEREUNDER.

From time to time, ATP may provide electronic or other written notice of the availability of updates or upgrades to the Licensed Materials or renewal for any support or maintenance provided by Licensor as well as other products, programs or series available from Licensor. It is understood and agreed that Licensor does not assure continued support or maintenance for any version of the Software that has been superseded by an update or upgrade to the Software. IT IS UNDERSTOOD AND AGREED THAT USE OF SUPERSEDED SOFTWARE OR OTHER SUPERSEDED LICENSED MATERIALS IS NOT RECOMMENDED, IS AT YOUR OWN RISK, AND IS NOT SUBJECT TO ANY SUPPORT, SERVICE OR OTHER OBLIGATION OF ATP.

ATP SHALL HAVE NO LIABILITY FOR ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF ANY PRODUCT OR SERVICE SUPPLIED UNDER THIS AGREEMENT, OR BY REASON OF ANY INADEQUACY, DEFICIENCY OR DEFECT IN ANY OF THE LICENSED MATERIALS, WHETHER ARISING DUE TO ATP'S ACTIVE OR PASSIVE NEGLIGENCE, IN STRICT LIABILITY, OR OTHERWISE, OR IN ANY OTHER WAY. CUSTOMER HEREBY INDEMNIFIES ATP AND AGREES TO PROTECT AND HOLD ATP HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ATP MAY SUFFER BY REASON OF ANY CLAIM MADE ARISING OUT OF USE OF ANY PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT, WHETHER ARISING OR CLAIMED TO ARISE FROM ATP'S PASSIVE OR ACTIVE NEGLIGENCE, IN STRICT LIABILITY OR OTHERWISE. THE FOREGOING ALSO EXTENDS TO ATP'S SUPPLIERS OF ANY PORTION OF THE SOFTWARE OR OTHER LICENSED MATERIALS OR ANY OTHER PRODUCT OR SERVICES PROVIDED HEREUNDER.

All disputes and disagreements shall be resolved first by negotiation between the parties including escalation to senior management for both parties. Failing such negotiations, at the request of either party, senior management shall appear before a neutral mediator appointed by the American Arbitration Association in San Francisco, California. If mediation fails, the matter shall be submitted to final, binding, expedited, and confidential arbitration before a neutral retired judge (the "Arbitrator") appointed by JAMS/ENDISPUTE in San Francisco, California. The arbitration hearing shall be limited to two hearing days (one for each party's presentation of evidence) unless the Arbitrator orders, for good cause, an extension of the hearing. The decision of the arbitrator shall be final and binding on all parties and it may be enforced in any court of competent jurisdiction. In the written decision made following the arbitration hearing, the Arbitrator shall not modify or otherwise change any term or condition of this Agreement. The costs of the mediation and of the arbitration shall be shared equally between the parties; each party shall bear their own legal fees and other expenses.

The Licensed Materials including program code, documentation, and any other material that is provided by ATP with the Service or otherwise provided under an agreement between ATP and with or for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is provided with Restricted Rights only. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is AIRCRAFT TECHNICAL PUBLISHERS, 101 South Hill Drive, Brisbane, CA 94005-1251. Phone: 415-330-9500. Fax: 415-468-1596. Internet: www.atp.com.

Except for ATP's policies published from time and to time on ATP's Internet Web Site (www.atp.com) and which are binding on Customer, the foregoing is a complete and exclusive statement of all the terms of the agreement between ATP and the Customer and contains the complete Agreement of the parties. This Agreement shall not be varied, supplemented, qualified or interpreted by any prior course of dealing between the parties or by any course of dealing or usage of trade.

None of the pre-printed terms and conditions in any Customer Purchase Order shall amend this Agreement, nor shall any of them be binding on ATP. Both parties agree that any Amendment requested by Customer must be approved in a writing signed by an officer of ATP.

• Returns
• Other Terms and Conditions
• Renewals
• Reinstatements
• Charges and Fees
• Payment Terms
• Priority Delivery
• Cancellations and Terminations
• Revision Updates
• Overseas Delivery
• Wire Transfer
• Privacy Policy

ADDITIONAL PROVISIONS APPLICABLE TO MICROFICHE
• Microfiche Shipping

ADDITIONAL PROVISIONS APPLICABLE TO CD-ROM MEDIA
• CD-ROM Shipping
• CD-ROM Suspension Policy

RETURNS
It is very important that you carefully read and understand ATP's Terms and Conditions before opening your ATP package. Only new and unopened packages may be returned to ATP. Before you can return a package to ATP, you must contact an ATP Customer Service Representative to receive an ATP Return Authorization Number. This number must be clearly marked on the outside of the returned package. ATP reserves the right to assess a 25% restocking charge for any merchandise returned to ATP. If you do not accept the Terms and Conditions, please follow these steps:
1. Do not open the package!
2. Contact ATP to receive an ATP Return Authorization Number.
3. Write the ATP Return Authorization Number clearly on the unopened package.
4. Return the unopened package to ATP, shipping prepaid.Your order will then be cancelled and any payments, less a restocking charge of 25%, will be promptly refunded to you.
There will be no refund given for packages that have been opened, or that do not have an ATP Return Authorization Number written clearly on the package.
(Please be aware that only new orders are returnable within ten (10) days of receipt; revision packets are not returnable at any time.)

OTHER TERMS AND CONDITIONS
The information contained on the microfiche, CD-ROM, telecommunications or any other format in the ATP system and all subsequent revisions thereof, has been indexed for identification, edited for page location and omission, and is believed to be correct. ATP makes no text changes to the material. Source documents are converted to microfilm by conventional photographic methods. ATP does not warrant the accuracy of the source material and assumes no responsibility to any person or persons in connection with the use of the Licensed Material. The library or telecommunication system and the revisions thereto are all subject to the foregoing.

POLICIES, TERMS, CONDITIONS, AND PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN OR VERBAL NOTIFICATION.

ATP MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE USE OR ACCURACY OF THIS PRODUCT, EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE.

ATP SHALL HAVE NO LIABILITY TO SUBSCRIBER FOR ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF THE SERVICE SUPPLIED UNDER THIS AGREEMENT, OR BY REASON OF ANY INADEQUACY, DEFICIENCY OR DEFECT THEREIN, ARISING DUE TO ATP'S ACTIVE OR PASSIVE NEGLIGENCE, IN STRICT LIABILITY OR OTHERWISE, OR IN ANY OTHER WAY RELATED TO OR ARISING OUT OF THIS AGREEMENT.

SUBSCRIBER INDEMNIFIES ATP AND AGREES TO PROTECT AND HOLD ATP HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ATP MAY SUFFER BY REASON OF ANY CLAIM MADE ARISING OUT OF SUBSCRIBER'S USE OF THE SERVICES OR PRODUCTS SUPPLIED UNDER THIS AGREEMENT, WHETHER ARISING OR CLAIMED TO ARISE FROM ANY ATP PASSIVE OR ACTIVE NEGLIGENCE OR OTHERWISE.

ATP grants to Subscriber a non-transferable and non-exclusive right to use the materials ordered by Subscriber and shipped by ATP solely for the internal use of Subscriber. IN NO EVENT SHALL SUBSCRIBER REPRODUCE, PUBLISH, OR DISTRIBUTE IN ANY FORM BY ANY MEANS ANY PART OF THE MATERIALS ORDERED BY SUBSCRIBER AND SHIPPED BY ATP WITHOUT THE PRIOR WRITTEN CONSENT OF ATP.

RENEWALS
Your initial subscription for an ATP Library Service includes the first year's revision service. Most ATP libraries are revised either every two weeks or once per month. Revised materials are mailed in accordance with each product's revision cycle calendar. Please refer to the Revision Compliance Checklist for your product's revision cycle calendar due dates. In general, before expiration of your subscription, you will receive an invoice for renewal of your library. To renew your subscription and assure continued service, please return your remittance prior to the end-date indicated on the renewal invoice. Payment must be made in U.S. funds. Drawn on a U.S. bank. Wire transfer information is available at www.atp.com/policy#wiretransfer. If you have more than one ATP library, we recommend a single annual renewal. We can establish a common expiration date for your libraries.

REINSTATEMENTS
ATP has a reinstatement policy for those subscribers whose library services have lapsed for no longer than twelve months and who subsequently wish to renew. An ATP representative will review your library service and determine which publications are needed to make your library current. The cost to renew an outdated library is based on a prorated charge for missed revisions, the cost of any missing fiche (if applicable), plus a 15% surcharge. Email ATP at info@atp.com to see what it would take to bring your library up-to-date.

Please note that library services that lapsed after 12 months will be considered as new sale and will be priced accordingly.

CHARGES AND FEES
A minimum order of $25.00 is required. Local and/or State sales tax is not included in the rates and must be added when applicable. There will be a $25 fee for any returned checks. ATP reserves the right to assess late charges of 1.0% per month (12% per annum) or the highest monthly amount permitted by law, whichever is less, on all accounts not paid according to invoice terms. The customer will be responsible for any and all fees, including collection and attorney's fees incurred in conjunction with the collection of a delinquent account or unpaid account. ATP reserves the right to change prices without notice.

PAYMENT TERMS
If payment is not received on time, ATP has the right to suspend the customer library subscriptions.

PRIORITY DELIVERY
The following priority delivery charges apply:
• On next-day rush orders the minimum charge is $40 or 7% of the order, whichever is greater.
• On same-day rush orders the minimum charge is $50 or 10% of the order, whichever is greater.
• Export orders require additional shipping charges.

CANCELLATIONS AND TERMINATIONS
ATP subscription services are non-refundable.Except for third party produced libraries (e.g., Cessna, Piper, etc.), customers will be issued a credit for the unused portion of their subscription service provided the credit is over $50.00. The credit is valid up to twelve (12) months from cancellation date. It may be applied against a new purchase, to extend the renewal subscription of an existing ATP product or to upgrade a subscription.

Any failure to make timely payment or in the event of a material default, ATP will have the right to suspend or terminate product and service delivery.

REVISION UPDATES
Revision or updates to the products will be mailed to Subscribers on either a biweekly or monthly basis during the annual term of each revision contract. The only warranty for retrieval equipment is extended by the equipment's manufacturer service policy. A minimum order of $25.00 is required.

OVERSEAS DELIVERY
All exports are subject to the jurisdiction of the U.S. Dept. of State, U.S. Dept. of Commerce, and other U.S. governmental organizations. Our commodities and software are exported from the U.S. in accordance with applicable U.S. laws and regulations, including the Export Administration Regulations.

All prices are subject to change without notice. Unless otherwise specified, orders will be shipped and invoiced at the price in effect at the time of shipment.

All packages are FOB, Brisbane, CA 94005, USA, to stated destination. Customer is responsible for obtaining at its own risk and expenses any import license or other official authorization for the importation of the goods at the agreed point of destination. Commercial invoices for international packages will list the full retail value of your order's contents by product type and composition.

Customer or its agent is responsible for direct and timely customs clearance at the agreed place of destination, and the Customer shall bear all duties, taxes, or other official charges payable upon importation of the goods as well as the costs and risks of carrying out customs formalities.

WIRE TRANSFER
We gladly accept wire transfers: Please include $20.00 processing fee in addition to your order total.
Bank Transfer Information:
Bank Name: California Bank & Trust
Bank Address: S.F. Corporate Banking Office #117, 465 California Street, San Francisco, CA 94104
Beneficiary Name: Aircraft Technical Publishers
BIC No. / Swift No.: CALBUS66
ABA/Routing No.: 121002042
Account No.: 1170059921

Please include your Company name, Customer number, Invoice reference and Country of Origin upon each transaction.

PRIVACY POLICY
We, at Aircraft Technical Publishers, value you as a subscriber and we respect your privacy. We collect information in an ongoing effort to improve your online experience. We recognize that we must maintain and use customer information responsibly. We do not sell or rent any information you provide.

ADDITIONAL PROVISIONS APPLICABLE TO MICROFICHE

MICROFICHE SHIPPING
All new ATP microfiche libraries will be shipped within seven days of acceptance of the order. All microfiche libraries are shipped complete with a filing system suitable for the size and content of your library. Customized filing systems or additional pieces of equipment are also available. Please refer to the Microfiche Equipment and Accessories sections of this catalog for available equipment and prices. All initial domestic microfiche library prices will ship by Standard UPS unless otherwise specified. The shipping address must be a physical street address, as UPS will not deliver to a P.O. Box address. There is an additional charge for shipping and handling. Domestic revisions are shipped via U.S. Postal Service. Export revisions are shipped via selected air carriers.

ADDITIONAL PROVISIONS APPLICABLE TO CD-ROM MEDIA
CD-ROM SHIPPING
All new CD-ROM libraries will be shipped within three days of acceptance of the order. Domestic CD-ROM orders are shipped via surface transport. Export orders are shipped via selected air carriers.

CD-ROM SUSPENSION POLICY
When a subscriber fails to renew any CD-ROM library service on time, one additional CD-Rom will be shipped prior to suspension of the service. Beyond this grace period, an oral promise to pay will not be sufficient for the grant of an extension.