I did receive a response from Foreflight. Here's a copy of the correspondence.
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My email to Foreflight:
The EULA states, in part, that the software is "intended solely for informational and entertainment purposes". That appears to me to mean Foreflight cannot be the ONLY means of viewing approach charts while airborne under IFR. This is not a problem for me because I do not care to use NOS plates and will keep using my Jeppesen subscription on the 135 approved Fujitsu systems. However some pilots have said they intend to use Foreflight on the iPad as their only way to view charts. So, question is is it legal to do so?
Foreflight response:
For Part 91 flying, the pilot has discretion to determine if their use makes them legal and the FAA is lenient on the matter. Here is a blog post that discusses recent FAA publications on the question:
http://blog.foreflight.com/2010/05/2...are-they-safe/
If you are Part 121/135, that is a whole different animal that requires your operator seek approval from a POI.
Thanks and fly safe!
Tyson Weihs
Principal
ForeFlight, LLC
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Notice they did not answer the question I asked but dodged the issue by talking about EFBs (hardware). They never said their software was legal for inflight use and until such time as they get some sort of approval I doubt if they will address the issue. Their statement in the EULA would probably keep them out of court if an accident or incident resulted in legal action. Not a bad move on their part.
So, based on the info available now, it appears the only way to be legal while using Foreflight while airborne is to have a copy of the paper charts somewhere on the airplane (but, please, not stashed in an inaccessable luggage compartment).