1. Provision of the service

1.1     The Information is produced by the Kingdom Of Bahrain, Ministry Of Transportation, Civil Aviation Affairs Directorate (CAA) to a high scientific standard and is of a quality appropriate to the inherent inexact nature of the science of aviation .

1.2     The CAA has authorised Bahrain TradaNet WLL and its authorised representative DRAM Consultancy (“Distributor”) to distribute the Information on behalf of the CAA.

1.3  In consideration of the Price specified in this Contract the Distributor agrees to use all reasonable endeavours to

(i)    provide the Service as specified in this Contract,

(ii)   supply such of the Information that the Distributor may consider appropriate as forming part of the Service, and

1.4   It is the responsibility of the Client to inform the Distributor in the event that the Service does not conform to the requirements as specified in this Contract.

2. Payment of price

2.1 The Client shall pay to the Distributor the Price specified in this Contract (in Bahriani Dinars) together with any applicable Taxes or duties within 30 days of the date of any invoice from the Distributor for the Service.

2.2 The Client shall be liable for any costs incurred by the Distributor due to any late payment and the Client shall pay interest on any overdue sum at the rate of 6% per annum above the base lending rate of NBB Bank or such other bank as the Distributor may nominate from time to time after as well as before any judgement, decree or order and such interest shall be compounded and payable monthly.

2.3 The receipt of payment by the Distributor shall not prevent the Distributor from questioning the correctness of any statement made by the Client in respect of such payments.

3. Use of information and confidentiality

3.1 The Client shall use the Information and/or Services strictly for the Purpose. Except as detailed in the Purpose or as may be required by law the Client shall not

(i) disclose to any third party any aspect of the Service including any Information supplied hereunder,

(ii)   use the Service for anything other than the Purpose, and

(iii)    use the Information on behalf of or for the benefit of any third party in any way whatsoever.

3.2 The Client shall keep all information relating to the business of the Distributor that it may acquire before or during the continuance of this Contract strictly private and confidential.

4. Reservation of rights

4.1 All industrial and intellectual property rights in the Service or any component of the Service including any Information shall be and remain the property of the CAA (or the Distributor or any of its sub-contractors or licensors). The Client shall ensure that such property rights are acknowledged on any reproduction of the Information.

4.2 The Client shall take all reasonable steps

(i) to prevent any damage to or infringement of the intellectual property rights of the CAA (or the Distributor or any of its subcontractors or licensors), and

(ii)     to assist the Distributor to prevent third parties damaging or infringing the intellectual property rights of the CAA (or the Distributor or any of its subcontractors or licensors).

4.3 The Client acknowledges that it is the responsibility of the Client to satisfy itself

(i) as to the sufficiency and adequacy of

(a) the instructions of the Client which forms the basis of the supply of the Service and

(b) the Information, and

(ii) that the Service and Information is suitable for its requirements.

4.4 The Client shall notify the Distributor of any improvement, innovation or enhancement made by the Client to any software forming part of the Information and if the Distributor so requires the Client shall assign any intellectual property rights in same to the Distributor.

5. Warranty

5.1 The Distributor warrants due diligence and reasonable skill and care in the performance of the Service.

5.2 The Distributor gives no warranty (subject to 5.1 above) as to the suitability of

(i)   the Service or any part thereof, or

(ii)     the Information or any part thereof to the Client or any other party

5.3 Except as expressly provided herein and insofar as permitted by law all conditions, warranties and other terms whether express or implied, statutory or otherwise are hereby excluded.

6. Limitation of liability

6.1 The Client acknowledges that the Distributor cannot guarantee

(i)    the timely delivery, or

(ii)   the accuracy of

(a)   the Service or

(b)   the Information

and agrees that the liability of the Distributor shall accordingly be limited in accordance with the provisions of this clause 6.

6.2 Save as expressly provided in this Contract, the Distributor shall not be liable for any

(i) loss, or

(ii) damage

sustained or incurred by

(a) the Client or

(b) any third party

resulting from any

(aa) defect and/or

(bb) errors

in the Information except as arising from a failure to exercise reasonable skill and care.

6.3 The Distributor shall not be liable to the Client for

(i) loss of

(a) revenue and/or

(b) contracts and/or

(c) business opportunities and/or

(d) other loss of an indirect or consequential nature arising from (aa) negligence and/or

(bb) breach of contract and/or

(cc) howsoever arising, or

(ii) (where the Information includes software only) any loss arising out of any failure by the Client

(a) to keep full and up to date copies of the Information and

(b) to keep the software in accordance with good computing practice.

6.4 Neither party shall exclude or restrict liability for death or personal injury resulting from its own negligence.

6.5 Notwithstanding anything else contained in this Contract (including without limitation if any provision of this Contract shall be held invalid or unenforceable for whatever reason) the total aggregated liability of the Distributor under this Contract howsoever arising (except in relation to death or personal injury as set out in sub-clause 6.4) shall not exceed the Price.

6.6 The Client acknowledges that it has read and accepts the limitations contained in this clause 6.    

7. Suspension

7.1 The Distributor shall not be liable for any delay in performing its obligations hereunder if such delay is caused by circumstances beyond its reasonable control including, accidents, acts of God, war, fire, strike, flood, explosion, labour trouble, , riot or civil commotion and should such eventuality occur the Distributor shall promptly notify the Client in writing of the reasons for the delay (and the likely duration of the delay) and the performance of the obligations of the Distributor shall be suspended during the period that the said circumstances persist and the Distributor shall be granted an extension of time for performance equal to the period of the delay.

7.2 The Distributor reserves the right to suspend the provision of the Service upon giving one day prior written notice should the Client not make any payment due under this Contract on time.

8. Termination

8.1 The Distributor shall be entitled, without prejudice to any other rights or remedies, to terminate this Contract forthwith if

(i)    the Client fails to observe any of its obligations under this Contract,

(ii)   the Client shall have a receiver or administrator appointed or convene any meeting of or compound with its creditors or be liquidated, wound up or have a petition for winding up presented against it or the Client shall pass a resolution for voluntary winding up or suffers any diligence to be carried out in relation to or any distress or execution to be levied upon or against any part of the property of the Client or if the Client shall do or permit to be done anything which, in the opinion of the Distributor, might prejudice or jeopardise the rights of the Distributor, or

8.2     If this Contract is terminated for any reason, the Client shall immediately reimburse the Distributor in respect of all sums expended by the Distributor which enabled the Distributor to set-up the Service.

8.3   Upon termination the Client shall cease to use any Information including documentation associated with the Information and shall forthwith return to the Distributor or as it may direct at the cost of the Client all Information in its possession or under its control and, in the case of default, the Distributor shall be entitled upon reasonable notice to the Client to enter at any time upon the premises where the Information may be for the time being to remove the same.

9. Indemnity

The Client undertakes to keep the Distributor fully and effectively indemnified against all

(i)    loss, and/or

(ii)   damage, and/or

(iii)  claims, and/or

(iv) demands, and/or

(v)   costs, and/or

(vi) expenses which the Distributor may

(a) suffer and/or

(b) incur

as a result of any breach by the Client of any term of this Contract.

10. General

10.1 If any part, term or provision of this Contract shall be held to be invalid or unenforceable the remainder of this Contract shall not be affected and the provisions of this Contract shall remain in force notwithstanding the termination of this Contract.

10.2 Any notice or other communication under or in connection with this Contract shall be in writing and in English and shall be delivered by hand, post, or facsimile to the other party's address as set out in this Contract. Delivery shall be deemed effective when in the ordinary course of transmission it would first be received by the addressee in normal business hours. Each of the parties shall give notice to the other party of any relevant change in address or contact number at the earliest opportunity.

10.3 Nothing in this Contract shall be construed as constituting a partnership or joint venture between the parties.

10.4 The Client shall not assign this Contract in whole or in part to any third party without the written consent of the Distributor.

10.5 No waiver by either party of any breach of this Contract shall be considered as a waiver of any other breach of the same or any other provision.

10.6 This Contract shall be governed by and construed in accordance with English law and each of the parties irrevocably submits to the exclusive jurisdiction of the Kingdom Of Bahrain courts.

10.8 This Contract constitutes the entire agreement between the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Contract and shall apply in place of and prevail over any terms and conditions implied by trade custom practise or course of dealing. No modification or addition to this Contract shall be binding upon the Distributor unless made in writing and signed by an authorised officer of the Distributor.