The services provided hereunder are provided "AS IS" without warranty of any kind and are for your individual, non-commercial use. Notwithstanding anything contained herein to the contrary, Jeppesen and/or Aircraft Owners and Pilots Association, its related and affiliated organizations ("AOPA") cannot and do not warrant the services for accuracy, reliability, safety or fitness for end user's particular purposes. Therefore, end user understands and agrees that the services provided hereunder are intended to be purely advisory in nature; that they incorporate information furnished by third parties over which Jeppesen and/or AOPA have no control; and that in no case is it intended that any information supplied by Jeppesen and/or AOPA, whether or not of its own creation, be substituted for end user's own best judgment in any given situation.
INDEMNIFICATION/ LIMITATION OF LIABILITY: EXCEPT TO THE EXTENT THAT JEPPESEN AND/OR AOPA IS LIABLE UNDER ANY EXPRESS WARRANTY SET FORTH HEREIN, END-USER RELEASES, CONVENANTS NOT TO SUE, AND WILL INDEMNIFY AND HOLD HARMLESS JEPPESEN AND/OR AOPA FROM AND AGAINST, ALL CLAIMS AND LIABILITIES (INCLUDING CLAIMS BY THIRD PARTIES), AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES), INCIDENT THERETO OR INCIDENT TO SUCCESSFULLY ESTABLISHING THE RIGHT TO INDEMNIFICATION, FOR INJURY TO OR DEATH OF ANY PERSON OR PERSONS, INCLUDING EMPLOYEES OF END-USER BUT NOT EMPLOYEES OF JEPPESEN OR AOPA, OR FOR LOSS OF OR DAMAGE TO ANY PROPERTY, INCLUDING ANY AIRCRAFT, ARISING OUT OF OR IN ANY WAY RELATING TO END-USER'S UTILIZATION AND/OR PROCESSING OF THE SERVICES OR ANY OTHER THINGS PROVIDED HEREUNDER, WHETHER OR NOT ARISING IN TORT OR OCCASIONED BY THE NEGLIGENCE OF JEPPESEN AND/OR AOPA, EXCEPT TO THE EXTENT OF ANY OBLIGATION, LIABILITY, CLAIM OR REMEDY IN TORT DUE TO THE RECKLESSNESS OR WILLFUL MISCONDUCT OF JEPPESEN AND/OR AOPA. END-USER'S OBLIGATIONS UNDER THIS INDEMNITY WILL SURVIVE THE EXPIRATION, TERMINATION, COMPLETION OR CANCELLATION OF THE SERVICES.