NorthSky enterprise licence

1. Parties

Licensor: RMX DRIFT AS, organisation number 931 140 574, Wergelands vei 2, 3117 Tønsberg, Norway, acting through its registered business unit NorthSky Aviation Consultancy, organisation number 931 140 701. Referred to below as NorthSky.

Licensee: the organisation named in the order form, together with the entities listed in that order form as being within scope. An entity not named is not licensed. The order form is part of this licence.

2. Scope — replaces sections 3 and 4 of the standard licence

The licensee receives everything permitted by section 3 of the standard licence, and in addition:

1. Group use. Every entity named in the order form may use the product internally on the same terms. The named licensee is answerable for their compliance, and NorthSky deals with the named licensee alone.
2. Client work. The licensee may use the product, and documents derived from it, in advisory, audit, or training work it performs for its own clients for payment, subject to section 3.
3. Client deliverables. The licensee may include material derived from the product in a deliverable it issues to a client, provided the deliverable is the licensee’s own work product and carries the attribution required by section 3.

The restrictions in section 4 of the standard licence continue to apply, with these changes: the prohibition on third-party service delivery does not apply within the scope of section 2 above, and the prohibition on making the product available outside the licensee applies to the group as defined in the order form rather than to a single entity.

The prohibition on use as training data, fine-tuning data, or retrieval corpus for a machine-learning or generative artificial-intelligence system is not relaxed by this licence and applies to every named entity.

3. Conditions attaching to client work

1. Attribution. A deliverable containing material derived from the product states that it draws on NorthSky material, names the product and its version, and does not present the material as the licensee’s own methodology.
2. No onward licence. The client receives the licensee’s deliverable. The client does not receive the product, its templates in unmodified form, or any right to reuse NorthSky material beyond the deliverable. If the client wants the product, the client buys it.
3. No representation of standing. The licensee must not tell a client, in writing or otherwise, that use of NorthSky material confers regulatory standing, an approval, or an authority determination. Section 6 states the position that must be passed on.
4. No competing product. The licensee must not use the product to build, or to assist another party in building, a product that is substantially a substitute for it.
5. Record. The licensee keeps a record of the engagements in which the product was used, and provides a summary on reasonable written request, not more than once a year. This is a verification of scope, not an audit of the licensee’s clients, and NorthSky does not ask for client names or operational data.

4. Term — replaces section 8 of the standard licence

The licence runs for the term stated in the order form. Where the order form states no term, it is perpetual on the same basis as the standard licence.

Where a term is stated and expires, the licensee must stop using the product in new client work. Deliverables already issued to clients are unaffected, and the licensee and its clients may continue to hold and use those deliverables indefinitely. A client must not be left holding a document it cannot use because a licence between other parties has lapsed.

NorthSky may terminate for material breach of section 2 or 3 on 30 days’ written notice, if the breach is not remedied in that period.

5. Versions and currency

Sections 7 of the standard licence applies, with one addition: because the licensee uses the material in paid work, the licensee is responsible for checking the product’s stated regulatory baseline and review date before relying on it in a client engagement, and for telling the client which baseline the work rests on.

6. Standing of the product — replaces section 9 of the standard licence

The wording below is passed on to the licensee’s clients, in the deliverable, unaltered:

NorthSky provides operational risk decision support and advisory guidance. Outputs do not constitute regulatory certification, aerodrome licensing, compliance verification, or formal authority determinations.

NorthSky has no relationship with, duty to, or liability towards the licensee’s clients, and the deliverable must not suggest otherwise. The licensee is solely responsible for the advice it gives and for the professional obligations, insurance, and standard of care that attach to giving it.

7. Liability — replaces section 11 of the standard licence

NorthSky’s total liability arising out of the product and this licence is limited to the fee paid for this licence in the twelve months before the event giving rise to the claim.

NorthSky is not liable for indirect or consequential loss, loss of profit, loss of contract, loss of goodwill, loss of or corruption of data, regulatory penalties imposed on the licensee or its clients, or claims brought against the licensee by its clients.

The licensee indemnifies NorthSky against a claim brought by one of the licensee’s clients that arises from the licensee’s own work, advice, or representations, except to the extent the claim arises from NorthSky’s gross negligence or intentional wrongdoing.

Nothing in this section limits liability for gross negligence or intentional wrongdoing, or any other liability that Norwegian law does not permit to be limited.

8. Confidentiality

Neither party discloses the other’s non-public commercial information, including the fee, without consent. This does not prevent either party from stating that a licence exists, and does not prevent the attribution required by section 3.

9. Unchanged

Sections 1, 5, 6, 10, 12, 13, and 14 of the standard licence apply as written, save that references to the licensee are read as references to the licensee and the entities named in the order form.

Sources

• Ehandelsloven, LOV-2003-05-23-35 — https://lovdata.no/dokument/NL/lov/2003-05-23-35
• Enhetsregisteret, RMX DRIFT AS — https://data.brreg.no/enhetsregisteret/api/enheter/931140574