© TERRASTAR GNSS LIMITED – GLOBAL REVISION 33 AS AT 1 MAY 2017
any and all loss, costs, claims, demands, proceedings, actions, damages, expenses and liabilities which TERRASTAR GROUP
may suffer arising out of or in connection with the use of the TERRASTAR LAND DATA SIGNAL in such way.
4.5 END USER shall not assign this CONTRACT without TERRASTAR’S prior written approval nor permit the TERRASTAR LAND DATA
SIGNAL to be used by any third party. END USER shall procure that its personnel are suitably trained to operate the TERRASTAR
COMPATIBLE PRODUCT(S) which is/are to be utilised in the WORK and to accommodate the provision of the TERRASTAR LAND
DATA SIGNAL.
4.6 All published data relating to the coverage of the TERRASTAR LAND DATA SIGNAL is approximated. Reception and/or accuracy of
the TERRASTAR LAND DATA SIGNAL is dependent upon END USER’S receiver hardware and location. END USER shall ensure
that it follows the issued instructions pertinent to the TERRASTAR COMPATIBLE PRODUCT at the time of ENABLEMENT. Any
failure to receive ENABLEMENT should be reported.
4.7 The END USER acknowledges that the US Department of Defence Global Positioning System (GPS) and the Russian Space Forces
Global Navigation Satellite System (GLONASS) are subject to performance fluctuations. The END USER recognises that
TERRASTAR has no control over any part of the GPS or GLONASS space and ground segments and the END USER accepts that
the use of GPS, GLONASS and/or differential GPS is at the END USER’s own risk. Non-performance of TERRASTAR LAND DATA
SIGNAL attributable to:
(a) Interference to the TERRASTAR LAND DATA SIGNAL transmissions from atmospheric or other sources, or
(b) any cause or source other than the fault or neglect of TERRASTAR
shall not be deemed to be breakdown and/or failure of the TERRASTAR LAND DATA SIGNAL.
4.8 END USER is aware that interruptions in the provision of the TERRASTAR LAND DATA SIGNAL may occur from time to time and
therefore the availability of the TERRASTAR LAND DATA SIGNAL is not guaranteed. TERRASTAR GROUP shall have no liability to
the END USER GROUP and the END USER GROUP shall save, defend, indemnify and hold harmless TERRASTAR GROUP on
demand, for any and all costs, claims, demands, proceedings, loss, actions, damages, expenses and liabilities which TERRASTAR
GROUP may suffer, howsoever arising, by reason of the unavailability or inaccuracy of the TERRASTAR LAND DATA SIGNAL
irrespective of the negligence, breach of duty whether statutory or otherwise of TERRASTAR GROUP.
4.9 Where the END USER subscribes to the TERRASTAR LAND DATA SIGNAL and utilises same in connection with the navigation of
any AIRCRAFT, for the purposes of END USER’S business or other operations, then END USER warrants that it shall fully familiarise
itself with, and shall fully adhere to, the provisions of any relevant international laws, local laws, International Civil Aviation Authority
conventions (and/or any other pertinent conventions) which are applicable to the use of the air space in which the AIRCRAFT is being
operated and which determine the rules with respect to the air traffic control or any other air traffic services relating to such air space.
Should any claims or should any actions for damages be brought against TERRASTAR GROUP as a result of the END USER
utilising, or as a result of the END USER allowing any third party to utilise, the TERRASTAR LAND DATA SIGNAL in connection with
the navigation of an AIRCRAFT, for the purposes of END USER’S business or other operations, then END USER GROUP shall save,
defend, indemnify and hold harmless TERRASTAR GROUP on demand, for any and all costs, claims, demands, proceedings, loss,
actions, damages, expenses and liabilities which TERRASTAR GROUP may suffer, as a result of the END USER’S act or omission
to act in this respect.
4.10 The TERRASTAR LAND DATA SIGNAL is sold to the END USER purely on the basis that the TERRASTAR LAND DATA SIGNAL is
utilised by the END USER wholly on, over or above land or wholly above the territorial waters adjacent to land. Re-broadcast of the
TERRASTAR LAND DATA SIGNAL is strictly prohibited. It is specifically understood and agreed by END USER that the provision of
the TERRASTAR LAND DATA SIGNAL will not be utilised in or on any offshore application and/or will not be utilised in or on any
offshore dynamic positioning application. TERRASTAR GROUP shall not be liable, in whole or in part, for any claims or damages
arising as a result of such use. Where any claims or actions for damages are raised against the TERRASTAR GROUP due to the
END USER utilising or allowing any third party to utilise the TERRASTAR LAND DATA SIGNAL as described in this CLAUSE 4.10,
then END USER GROUP shall save, defend, indemnify and hold harmless TERRASTAR GROUP on demand, for any and all costs,
claims, demands, proceedings, loss, actions, damages, expenses and liabilities which TERRASTAR GROUP may suffer arising out
of or in connection with the use of the TERRASTAR LAND DATA SIGNAL in such way.
4.11 The END USER hereby acknowledges and agrees that the TERRASTAR LAND DATA SIGNAL supplied to END USER by
TERRASTAR, shall only be utilised by END USER in those locations which are not contrary to any export control laws and
regulations. The END USER shall not divert, re-export, re-sell, or import (referred to collectively as "Transfer") the TERRASTAR LAND
DATA SIGNAL to any other country, person, corporation, entity or party to which such Transfer is prohibited or otherwise limited to
and shall comply with all applicable export/import control laws and regulations when engaging in any Transfer. The END USER
understands and accepts that such applicable laws shall include but shall not be limited to those of the United Kingdom (UK), the
European Union (EU), the United Nations (UN), and North Atlantic Treaty Organization (NATO) member states. The END USER
warrants that it is familiar with the restrictions described in United Nations resolutions, the Wassenaar Arrangement and other
Multilateral Export Control Regimes (MECR), and shall not use the TERRASTAR LAND DATA SIGNAL for prohibited uses as defined
therein, including prohibited military purposes or in restricted countries. The END USER agrees to obtain a license for any Transfer
should same be required in compliance with such applicable laws and regulations.
4.12 The END USER agrees to adhere to the TERRASTAR LAND DATA SIGNAL ACCESS INSTRUCTIONS as incorporated in CLAUSES
4.13 to 4.16 of this CONTRACT. Where a repair is required under the auspices of CLAUSE 4.17 to the TERRASTAR COMPATIBLE
PRODUCT, the END USER and/or END USER’S SUPPLIER (acting in the capacity of END USER’S agent), shall adhere to the
notification process incorporated in CLAUSE 4.17 of this CONTRACT. TERRASTAR shall fulfil its obligations under CLAUSE 4.18
where END USER and/or END USER’S SUPPLIER (acting in the capacity of END USER’S agent), meets the contractual obligations
under CLAUSE 4.17.
4.13 END USER or END USER’S SUPPLIER (acting in the capacity of END USER’S agent) shall submit details of PRODUCT
AUTHORISATION CODE on ORDER together with details of preferred COMMENCEMENT DATE and TERMINATION DATE inter
alia.
4.14 TERRASTAR shall provide END USER or END USER’S SUPPLIER (acting in the capacity of END USER’S agent) with
ENABLEMENT details in the ORDER ACCEPTANCE.