Notice to Subscriber: This is a legal document. Please read it carefully. By accessing this database provided by Sextant Navigation Services, L.L.C., you (the “subscribing party”) will be entering into a legally binding agreement with Sextant Navigation Services, L.L.C. (“Sextant”) containing all the terms and conditions stated below.

1. To use this database you must complete and abide by all terms and conditions of a Subscription Plan Agreement. If you fail to abide by the terms and conditions of the Subscription Plan Agreement, you will be denied access to the database. Other penalties, as contained in the Subscription Plan Agreement, may also apply.

2. SextantNet© Service and Content. SextantNet© (“database”) is an online database developed by Sextant Navigation Services, L.L.C. (“Sextant”). The database represents a comprehensive and growing compilation of position data and other information pertaining to pipelines, platforms, boreholes, fairways, active leases, blocks, federal/state boundary, and USCG districts in the Gulf of Mexico. The database is accessible as part of a service subject to the terms of a Subscription Plan Agreement. Conditioned upon execution of the Subscription Plan Agreement, Sextant grants the subscribing party a non-exclusive, non-transferable, revocable license to access and use the database according to the terms and conditions as defined in this Agreement and in the Subscription Plan Agreement.

3. Ownership. All copyright and other rights in the information contained in this database are the exclusive property of Sextant. The selection, compilation, organization and format of the data constitute copyrightable subject matter. Excepting only that portion of the data which constitutes public domain information: (i) the data constitute proprietary and confidential information and trade secrets of Sextant; and (ii) Sextant is the exclusive owner of all domestic and foreign rights, including copyrights and intellectual property rights, in or to the data residing in the database. Except for the limited license expressly authorized in Section 2 to access and use the database, the foregoing license does not grant the subscribing party the right to: (i) publish, publicly perform or display, or distribute to any third party any materials, including reproduction on any computer network or broadcast or publication media; (ii) market, sell, or make commercial use of the database or any materials; (iii) systematically collect and use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods; (iv) make derivative uses of the database or the materials. Any unauthorized use of the database will terminate the permission or license granted by this Agreement and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. The subscribing party is responsible for maintaining the confidentiality of any username and password required to access the database and agrees to accept responsibility for all activities that occur under subscriber’s account or password.

4. Warranties. Sextant warrants that it has the authority to enter into this Agreement and to grant subscriptions made under this Agreement. The subscribing party warrants that it has the authority to enter into this Agreement and to perform all of its obligations under this Agreement.

5. DISCLAIMER OF WARRANTY. THE DATABASE IS LICENSED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR RESULTS THAT MAY BE OBTAINED BY USE OF THE DATABASE. THE DATABASE DOES NOT SHOW OR ATTEMPT TO SHOW ANY INFORMATION ON COMMUNICATION CABLES OR POWER CABLES. THE INFORMATION IN THE DATABASE CONSISTS PRIMARILY OF PUBLIC INFORMATION RECORDS FROM VARIOUS SOURCES INCLUDING BUT NOT LIMITED TO MMS AND NOAA. SEXTANT PROVIDES NO WARRANTY, EXPRESSED OR IMPLIED, AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF INFORMATION FURNISHED IN THE DATABASE. THE SUBSCRIBING PARTY IS STRONGLY RECOMMENDED TO VERIFY ALL INFORMATION FROM THE DATABASE ON WHICH IT INTENDS TO RELY THROUGH THE OFFICIAL FILES OF THE MMS. WITH THIS UNDERSTANDING, THE SUBSCRIBING PARTY ASSUMES THE ENTIRE RISK WITH RESPECT TO RELIANCE ON AND USE OF INFORMATION IN THE DATABASE.

6. Limitation of liability. Sextant shall not be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with: (i) the use or inability to use the database, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the database, even if Sextant has been advised of the possibility of such damages.

7. Indemnity. Subscriber assumes the entire responsibility and liability and will protect, indemnify and hold harmless Sextant, its agents, servants and employees from and against Any and all losses, expenses, demands and claims made against Sextant, its agents, servants and employees, by Subscriber or any third person, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with: (i) the use or inability to use the database, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the database. Subscriber agrees to defend any suit, action or cause of action brought against Sextant, its agents, servants or employees, arising out of or in any way connected with: (i) the use or inability to use the database, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the information in the database.

8. Assignment and Transfer. Subscribing party may not assign, transfer, or sublicense its rights under this Agreement, in whole or in part, without the prior written consent of Sextant, and any attempt to do so shall be void.

9. Term of Agreement. The term of this Agreement shall be for the subscription period beginning on the start date as noted on the Subscription Plan Agreement, executed separately from this Agreement, and ending on the day after the end date as noted on the Subscription Plan Agreement.

10. Enforcement. If Sextant prevails in any action to enforce any provision of this Agreement, Sextant shall be entitled to recover its reasonable attorney’s fees and other expenses related to the action, in addition to all other remedies. Sextant may obtain injunctive relief to enforce any provision of this Agreement. Sextant’s failure to enforce any provision of this Agreement against the subscribing party or any other person shall not constitute a waiver of such provision or any other provision.

11. Submissions. The subscribing party agrees that any data submitted for inclusion in the database is non-confidential and grants Sextant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such data throughout the world in any media now known or hereafter developed with or without acknowledgement to the subscribing party in Sextant’s sole discretion and without compensation to the subscribing party.

12. Choice of Law. This Agreement and its enforcement shall be governed by the laws of the United States of America and the State of Louisiana without regard to conflicts of law provisions.

13. Consent to Jurisdiction. Sextant and the subscribing party hereby irrevocably consent to the jurisdiction of the state courts of Louisiana and the federal courts of Louisiana, and agree that any action or proceeding arising out of or brought to enforce the provisions of this Agreement may be brought in any Louisiana court having subject matter jurisdiction.

14. Force Majeure. Sextant’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.

15. General.

Entire Agreement. This Agreement and the Subscription Plan Agreement constitute the entire agreement of the parties with respect to there subject matter. No promise or representation that is not set forth in this Agreement or the Subscription Plan Agreement has induced the subscribing party to enter this Agreement.

Modifications, Amendments and Waivers. Any modification of amendments to this Agreement shall be effective only in a written instrument signed by the authorized representatives of both parties. Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.

Severability. If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be reinstated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provisions will be valid and enforceable to the full extent permitted by law.

Notices. All notices must be in writing to Sextant at P.O. Box 41568, Baton Rouge, Louisiana 70835, Attention: Customer Service, and to the subscribing party at the address set forth in the Subscription Plan Agreement.