Common use of Availability of the Service Clause in Contracts

Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and Exhaustless makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent Licensee chooses to access and use the Service, Licensee does so at their own initiative and are responsible for compliance with any applicable laws. Mock Auction: From time to time, Exhaustless may choose to offer new and/or updated features of the Service (the “Mock Auction Features”) as part of a testing program (the “Program”) for the purpose of providing Exhaustless with feedback on the quality and usability of the Auction Features. Licensee understands and agrees that their participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between licensee and Exhaustless, and that Exhaustless is not obligated to provide licensee with any Auction Features. Exhaustless may make such Mock Auction Features available to auction participants by online registration or enrollment via the Service. Licensee understands and agrees that Exhaustless may collect and use information from their Mock Auction Account, devices and peripherals in order to enroll licensee in the Program and/or determine licensee’s eligibility to participate. Licensee’s use of the Mock Auction Features and participation in the Program is governed by this Agreement. Licensee acknowledges that Exhaustless has no obligation to provide a commercial version of the Mock Auction Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Mock Auction Features. As part of the Program, Exhaustless will provide licensee with the opportunity to submit comments, suggestions, or other feedback regarding their use of the Mock Auction Features. Licensee agrees that in the absence of a separate written agreement to the contrary, Exhaustless will be free to use any feedback licensee provides for any purpose. Upgrades. Licensee will have the right to use any changes, upgrades, or improvements that Exhaustless makes to the technologies available under the Aviation 2.0 Operating Standard during the license term. License from Licensee for Posted Content. By submitting or posting materials or information (Content) on areas of the Service that are accessible by other users, Licensee is representing that they are the owner of such Content and/or have all necessary rights, licenses, and authorization to distribute it. Licensee grants Exhaustless a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, convert, adapt, publish, translate, and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to Licensee. Licensee agrees that any Content submitted or posted by them shall be their sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.

Availability of the Service. The Service, or any feature or part thereof, is available only in the English language and may not be available in all languages or in all countries and countries. Exhaustless makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent Licensee chooses to access and use the Service, Licensee does so at their own initiative and are is responsible for compliance with any applicable laws. Mock Auction: From time to time, Exhaustless may choose to offer new and/or updated features of the Service (the “Mock Auction Features”) as part of a testing program (the “Program”) for the purpose of providing Exhaustless with feedback on the quality and usability of the Auction Features. Licensee understands and agrees that their participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between licensee and Exhaustless, and that Exhaustless is not obligated to provide licensee with any Auction Features. Exhaustless may make such Mock Auction Features available to auction participants by online registration or enrollment via the Service. Licensee understands and agrees that Exhaustless may collect and use information from their Mock Auction Account, devices and peripherals in order to enroll licensee in the Program and/or determine licensee’s eligibility to participate. Licensee’s use of the Mock Auction Features and participation in the Program is governed by this Agreement. Licensee acknowledges that Exhaustless has no obligation to provide offer a commercial version of the Mock Auction Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Mock Auction Features. As part of the Program, Exhaustless will provide licensee with the opportunity to submit comments, suggestions, or other feedback regarding their use of the Mock Auction Features. Licensee agrees that in the absence of a separate written agreement to the contrary, Exhaustless will be free to use any feedback licensee provides for any purpose. Upgrades. Licensee will have the right to use any changes, upgrades, or improvements that Exhaustless makes to the technologies available under the Aviation 2.0 Operating Standard during the license term. License from Licensee for Posted Content. By submitting or posting materials or information (Content) on areas of the Service that are accessible by other users, Licensee is representing that they are the owner of such Content and/or have all necessary rights, licenses, and authorization to distribute it. Licensee grants Exhaustless a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, convert, adapt, publish, translate, and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to Licensee. Licensee agrees that any Content submitted or posted by them shall be their sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.