OPENFLYERS SEMI-FREE LICENSE VERSION 1.0 This license is granted by: OPENFLYERS S.A.R.L., a joint stock company with share capital of € 42,000, domiciled at 4 Rue de Corn - 33290 BLANQUEFORT - FRANCE, and registered in the Bordeaux Trade and Companies Register under number 507 522 720, taken in the person of its Manager, Mr Christophe LARATTE, hereinafter called “OPENFLYERS S.A.R.L.” This license applies to the OPENFLYERS software from version 2. INTRODUCTION This license allows the user to freely install the OPENFLYERS software, free of charge, in its machines for the specific needs of its aeronautical structure. THE USER can also modify the software on condition that the version modified is used for the specific needs of its aeronautical structure. THE USER is not authorised to grant rights of use to third parties and is not authorised to market the OPENFLYERS software, including if the software has been modified by it or by a third party. Article 1 – Definitions: Software: The term software for the purpose of this license means all of the programmed instructions presented in the form of a source code or subject permitting the use of the functionalities of OPENFLYERS version {indicate the version}, as well as the related documentation for use. Machine: Any equipment for the automated processing of data belonging to or leased by the user and exclusively used by the latter. Installation : The act of reproducing the software on a MACHINE with a view to using the functionalities thereof. User: An individual or company that has installed the OPENFLYERS software on a MACHINE with a view to using its functionalities for the specific needs of its aeronautical structure in accordance with the documentation for use and in compliance with this license. Article 2 – Warning: The software is intended for experienced USERS of IT solutions permitting the management of the aeronautical structures and, in particular, the reservation of aircraft. THE USER acknowledges knowing the technical and regulatory constraints specific to this type of structure. The OPENFLYERS software is not a training tool and cannot replace one. Article 3 – Rights granted: 3.1 Nature and regime of the license: The rights granted by this license are granted to the user, which accepts it, on a personal and non-exclusive basis. 3.2 Right to install the software with a view to using it: OPENFLYERS S.A.R.L. authorises the user to install the software with a view to using it on one or several MACHINES. This authorisation is only valid if the installation is actually carried out by the user. 3.3 Right of use: OPENFLYERS S.A.R.L. authorises the user to use the functionalities of the software for the specific needs of its aeronautical structure. 3.4 Right to make backup copies: OPENFLYERS S.A.R.L. authorises the user to make backup copies when the latter are necessary to protect the use of the software. 3.5 Right of observation: THE USER can observe, study or test the operating of the software in order to establish the ideas and principles that are at the base of any element whatsoever of the software when it carries out any operation of downloading, displaying, execution, transmission or storage of the software. 3.6 Right to modify the software: OPENFLYERS S.A.R.L. authorises the user to modify the software in order to adapt it for the needs of its aeronautical structure. This granting of the right to modify the software includes : - the right to modify the software, notably by addition, suppression and improvement of specific developments, - the right to adapt it so that persons affected by one or several deficiencies in motor, physical, sensorial, mental, cognitive or psychological functions can use it, - the right to make a graphic adaptation of the software and notably the possibility of changing the appearance and ergonomics of the graphic interface, on condition that the statements of the OPENFLYERS origin are not suppressed. 3.7 Right of correction: OPENFLYERS S.A.R.L. grants to the user the right to correct the software for the needs of its aeronautical structure. 3.8 Term of the license: This license is granted to apply for as long as the intellectual ownership of the software shall last according to French and foreign legislation and the international conventions, including extensions that may be made to this term by national and international legislation. 3.9 Territory of the license: This license is granted to apply everywhere and in any countries with the exception of those where the publishing of software permitting the management of aeronautical structures and notably the reservation of aircraft is regulated. 3.10 General provision: All the other rights not expressly stipulated by this Article are reserved by OPENFLYERS. Article 4 – Statement of origin: THE USER undertakes not to suppress the statements of origin or of the holder of the rights relating to the software. Article 5 – Ban on marketing: THE USER undertakes not to market the software, whether for consideration or free of charge, notably within the framework of sales, rentals, exchanges or loans. THE USER is thus not authorised to publish, export, distribute or provide the software to the public notably by an offer of downloading, the provision of hosted services or ASP services (Application Service Provider), of time shared services or provision of physical copies. THE USER is not authorised to grant rights of use to third parties. This Article applies to the versions of the software that may have been modified or corrected by THE USER. Article 6 – PRICE: This license is granted free of charge. Article 7 – Responsibility of the user: THE USER installs and uses the software under its sole responsibility. By express and determining agreement, OPENFLYERS S.A.R.L. shall in no event be obliged to compensate for eventual direct or indirect damage caused to the user or to a third party resulting from the installation or the use of the software. Before using the software for production, the user must test it on a dedicated machine. THE USER is obliged to establish appropriate procedures for the backup and restoration of the data in the event of a processing error during the use of the functionalities of the software. THE USER is solely responsible for the protection of the personal data recorded in the database of the software and for compliance with the legislation concerning the computer processing of personal data. OPENFLYERS S.A.R.L. cannot be deemed in any way to be responsible for the processing of this personal data. OPENFLYERS S.A.R.L. is not liable for the data recorded or the results obtained by the use of the functionalities of the software. THE USER undertakes to take out a third party professional liability insurance policy covering the risks relating to its activity and, in particular, the use of the software. Article 8 – Guarantee: The software is provided to the users without any guarantee. OPENFLYERS S.A.R.L. does not guarantee, in particular, that the software complies with the documentation for use or the needs of the user. OPENFLYERS S.A.R.L. does not guarantee that the software is without error or the performance of the software. No technical assistance is provided by OPENFLYERS. In particular, IT IS CLEARLY STIPULATED THAT THE LIABILITY OF OPENFLYERS OR OF ITS MANAGERS CANNOT BE INVOLVED ON ANY GROUNDS WHATSOEVER NOTABLY THE MONITORING OF THE MECHANISM EVEN IN THE EVENT OF A BUG IN THE SOFTWARE THAT IS THE SUBJECT OF THIS LICENSE. THE USER MUST PROCEED WITH THE TECHNICAL VERIFICATIONS REQUIRED BY THE REGULATIONS IN EFFECT INDEPENDENTLY FROM THE STATEMENT AND THE INFORMATION GATHERED AND PROCESSED BY THE OPENFLYERS SOFTWARE. THIS PROVISION IS DETERMINING FOR OPENFLYERS S.AR.L. AND ITS MANAGERS WHO, WITHOUT IT, WOULD NOT HAVE CONCLUDED THIS LICENSE. Article 9 – Advertising: OPENFLYERS S.A.R.L. reserves the possibility of showing the name of THE USER on its lists of references, its Internet site or on any documents. Article 10 – Claims of rights: The OPENFLYERS software is protected in France (FR) by the Intellectual Property Code and abroad by national legislation and international agreements on copyright and computer programmes. OPENFLYERS is a registered trademark. Article 11 – Termination: The breach of any one whatsoever of the provisions of this license entails the immediate termination without notice, of the license, without prejudice to the damages that OPENFLYERS S.A.R.L. could claim for the damage caused by the breach recorded. Article 12 – Transferability: This license is not transferable by THE USER even in the event of sale of a business, a management contract, merger or any other operation aimed at changing the ownership of the license. Article 13 – Interpretation: In the event of a difficulty in interpretation between any one whatsoever of the titles or of the sub-titles place at the head of the provisions and any one whatsoever of the provisions themselves, the titles and sub-titles shall be overridden. In the event of a difficulty in interpretation between the introduction and any one whatsoever of the Articles, the introduction is overridden. If this contract is translated into a foreign language, only the French (FR) version is valid. Article 14 - Attribution of jurisdiction, governing law and nationality of the software: For any disputes that may arise concerning this license, jurisdiction is attributed to the competent Courts of the City of BORDEAUX (33) in France (FR). This contract is governed by French law (FR). The country of origin of the OPENFLYERS software is France (FR) within the meaning of the Act of Paris of the Berne Convention.