Engine Alliance Website Agreement
(effective April 16, 2007)
The Engine Alliance LLC, ("the ENGINE ALLIANCE," or “EA”) makes EA websites available to holders of valid access credentials (“User” or “Users”). The website and information, material, and applications presented on it (collectively the “Website”) are EA’s property. Use, duplication, and disclosure of the Website is subject to the terms and conditions of this Agreement. Use of the Website shall be deemed to be acceptance of this Agreement.
EA will make certain password-protected information, material, and applications
on its website available to User under the terms of this Agreement. EA shall
have sole discretion to determine the specific information, material, and applications
made available to User. The website and information, material, and application
presented on the website (collectively the "Website") are EA’s property or the property of EA's
licensors. Use, duplication, and disclosure of the Website is
subject to the terms of this Agreement. Use of the Website shall be deemed to
be acceptance of this Agreement.
User’s participation in on-line communication on EA’s
Website occurs in real time and is not edited, censored, or otherwise
controlled by EA. EA cannot and does not screen materials provided by Users of EA’s site. EA reserves the right to monitor materials on EA’s site and to remove materials that EA, in its sole
discretion, determines to be in violation of this Agreement, applicable laws
and regulations or EA’s policies and procedures. User
agrees not to:
post or transmit any message on or through EA’s Website that is libelous, defamatory or which
discloses personal or private matters concerning any person without their
express consent. User may not post or transmit any message, data, image or
program that is obscene, indecent, pornographic or profane or any other
material that could give rise to any civil or criminal liability.
post or transmit any message on or through EA’s Website that would violate the property rights of
others, including unauthorized copyrighted text, images, programs, trade
secrets or other confidential proprietary information, or trademarks or service
marks used in an infringing fashion.
interfere with the use by others of EA’s Website.
post or transmit to the Website any virus, worm, or
any other contaminating or destructive program (“Harmful Agent”). If User
can demonstrate to EA’s satisfaction that it has
taken all prudent steps to prevent the posting or transmission to the Website
of any Harmful Agent, User shall not be liable for the inadvertent posting or
transmission to the Website of a Harmful Agent.
disrupt or interfere with the security of, or
otherwise abuse, EA’s Website, or any services, system
resources, accounts, servers or networks connected to or accessible through EA’s Website or affiliated linked Internet sites.
Subject to the terms of this Agreement and all applicable laws and regulations,
EA grants User a non-exclusive, non-transferable, personal, limited license to
access, use, and display the Website. This license is not a transfer of title
to the Website. User must retain all copyright and other proprietary notices on
all copies of the Website. In addition, User may not modify the Website in any
way or reproduce, publicly display, perform, distribute, create derivative
works of, or otherwise use the Website for any public or commercial purpose,
except as this Agreement specifically permits. User may not use the Website to
design, manufacture, or repair parts, or to obtain FAA or other government
approval to do so without EA’s express, written
permission. Such express, written permission may appear in other agreements
between User and EA, that establish the legal framework under which User is
authorized to use information, material, and applications EA provides (“Other
Agreements”). Example of Other Agreements include
general terms agreements, service agreements, maintenance agreements,
non-disclosure agreements, or application-specific website supplemental
agreements. Different portions of EA’s Website may be
subject to various Other Agreements and thus different terms.
Except as expressly provided in this Agreement or Other Agreements, EA does not
grant any express or implied right to User under any patents, trademarks,
copyrights, trade secret information, or other intellectual property rights
("Intellectual Property"). Ownership of Intellectual Property rights
to information, material, and applications EA makes available on the Website or
created as a result of interactions between User and EA using EA’s Website will likewise be governed by the terms of
Other Agreements. If such Other Agreements do not address ownership of
Intellectual Property rights to such information and applications in a
particular circumstance, ownership of such Intellectual Property rights shall
reside with EA.
may change any aspect of the Website or this Agreement at any time without
notice. EA also may impose limits on certain Website features and services or
restrict your access to parts of the Website without notice. Changes to the
Website and this Agreement shall be effective immediately upon posting on the
Website. Use of the Website after a change shall be deemed to be acceptance of
such change. Although EA will attempt to identify significant changes to the
Website and this Agreement, it has no obligation to do so. It is User’s
responsibility to determine if there have been any changes to the Website or
links on the Website launch Internet sites that EA does not control
("Linked Internet Sites"). EA provides connections to Linked Internet
Sites solely as a convenience to users, but does not endorse the Linked
Internet Sites or any of the content, products, or services contained or
offered on the Linked Internet Sites. EA MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER CONCERNING THE LINKED INTERNET SITES.
Conducting Transactions on EA’s Website
Any transaction for goods, services, or data that the
parties enter into, whether separately in writing or through the use of any
link on EA's Website will be governed by the terms
and conditions in applicable Other Agreements that govern such transaction. In the event of a conflict between
specific terms of this Agreement and specific terms of an Other Agreement, the
terms of such Other Agreement shall control to the extent necessary to
eliminate such conflict.
Information and Material Submitted to EA
may have the option to submit information and materials related to use of the
Website to EA by e-mail, through the Website, or by other means to provide
feedback, ask questions, or for other purposes ("Submitted
Information"). Except as provided in Other Agreements, User expressly
grants or warrants that the owner of the Submitted Information expressly
grants, to EA a world-wide, royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate,
distribute, and prepare derivative works of the Submitted Information, in whole
or in part and without any obligation of attribution, in any form, media or
technology now known or later developed, subject to EA’s
Website Privacy Statement. In addition, except as provided in Other Agreements,
User irrevocably waives, or warrants that the owner of the Submitted
Information has irrevocably waived, all "moral rights", all rights
under the Visual Artists Rights Act, all rights of privacy and publicity, and
the like, in the Submitted Information.
Limitation of Liability
uses currently available technology, including encryption and SSL protocols, to
protect information sent to or from password-protected portions of the Website.
As with all information sent over the Internet, information sent to or received
from EA’s Website is subject to interception,
misappropriation, and misuse by third parties. Neither EA nor any of its
subsidiaries, employees, or other representatives shall be liable for any
damages or costs, including any consequential, incidental, indirect, special,
or punitive damages or costs, arising out of or in connection with User’s use
of the Website.
makes reasonable efforts, consistent with its current business practices, to
provide current, correct data on the Website. EXCEPT AS PROVIDED IN ANY OTHER
AGREEMENTS, EA PROVIDES THE WEBSITE ON AN "AS IS" BASIS AND DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN ADDITION, EXECPT AS PROVIDED IN OTHER AGREEMENTS, EA DOES NOT
REPRESENT OR WARRANT THAT THIS WEBSITE IS ACCURATE, COMPLETE, OR CURRENT.
maintains and controls this Website from the State of
Export Controlled Technical Data
technical data on this Website may be export controlled by the United States
Government. If User has access to export controlled technical data, User agrees
to comply with all regulations that prohibit the release of export controlled
technical data to non-US nationals without an export license. These regulations
include the US Department of Commerce’s Export Administration Regulations
(EAR), the US Department of State’s International Traffic in Arms Regulations
(ITAR). EA may require User to certify periodically that User is complying with
applicable export regulations.
Publications and Documents Available on EA's Website
As a convenience to Users, EA makes certain publications and documents,
including technical publications and various maintenance release documents,
available on the Website. In many cases, these publications and documents are
only to be used as adjuncts to, not substitutes for, EA official versions of
the corresponding publications and documents. User agrees to abide by all
notices and cautionary statements concerning the proper use and interpretation
of publications and document on the Website, including but not limited to those
FAA FORM 8130-3, JAA FORM-1 AND OTHER AIRWORTHINESS
APPROVAL/MAINTENANCE RELEASE DOCUMENTS PROVIDED ON THE WEBSITE ARE FOR
REFERENCE ONLY. USER AGREES NOT TO USE THEM FOR ANY OTHER PURPOSE. ANY
COPIES MADE FOR REFERENCE PURPOSES MUST NOT BE MODIFIED IN ANY WAY AND COPIES
MUST BE DESTROYED IMMEDIATELY UPON COMPLETION OF USE. TAMPERING WITH AIRWORTHINESS APPROVAL AND MAINTENANCE RELEASE
DOCUMENTS IS A CRIMINAL OFFENSE UNDER UNITED STATES LAW. (18
U.S.C. § 35)
THE TECHNICAL PUBLICATIONS AVAILABLE ON THIS WEBSITE ARE UPDATED ACCORDING TO A
PREDETERMINED REVISION SCHEDULE FOR EACH SPECIFIC PUBLICATION AND DO NOT
INCLUDE INTERIM UPDATES UNTIL SUCH UPDATES ARE INCORPORATED INTO A GENERAL
REVISION OF THE PUBLICATION. USER AGREES NOT TO RELY ON THE WEB VERSION OF
THESE PUBLICATIONS FOR INTERIM UPDATES. EA continues to make interim updates as
part of the revision service for each publication. Contact EA to receive
information on obtaining interim updates.
Copyright and Trademark
The Website content, design, text, graphics, and the selection and arrangement of the content, design, text and graphics, are the property of the Engine Alliance, or its licensors. The Engine Alliance reserves all rights in the Website. Text or images bearing the symbols ™, SM or ® are trademarks or registered trademarks and are used by permission of their respective owners.
party may terminate this Agreement without notice at any time for any reason.
Upon termination, User shall no longer have any rights to access or use
password protected portions of the Website. The obligations contained in
Articles 1, 4, 5, 6, 7, 9, 14, 15, and 16 shall survive such termination. EA
may terminate, change, suspend or discontinue any aspect of its site, including
the availability of any features of its site, at any time.
User agrees to adopt appropriate security measures to limit access to User’s
employees or permitted representatives, identified by the User and authorized
User’s employees and permitted representatives may access EA’s
Website only with a valid username, password and/or any additional form of
security that EA, at its sole discretion, may require ("Authorized
Representatives"). User is solely responsible and liable for the
activities of its Authorized Representatives, including, without limitation,
terminated or former Authorized Representatives, who have access to and use EA’s Website. If any Authorized Representative who had
access to or use of EA’s Website is no longer
employed or retained by User, User agrees to take any steps necessary to ensure
that such Authorized Representative no longer has access to and use of EA’s Website. User further agrees to notify EA immediately
when any Authorized Representative ceases to be one of User’s employees or
ceases to be retained by User. User agrees that all accounts, which allow a
User’s Authorized Representative access to EA’s site,
are for individual, business use only, and are not transferable to anyone else,
including another Authorized Representative without EA’s
express, written consent, which EA may withhold by its sole discretion.
Unless otherwise first notified by User, EA is entitled to assume that access
to EA’s site by means of a valid username, password,
and/or other identified additional form of security is authorized by User for
User’s own business purposes. User is solely responsible for any conduct or
transactions made on EA’s site by use of such
username, password and/or other identified additional form of security.
13.4 If EA permits User to administer access by User’s Authorized
Representatives to EA’s Website, User agrees to
appoint an employee to serve as a user administrator according to the procedure
EA specifies (“User Administrator”). The User Administrator shall have full
authority to act on User’s behalf in all matters relating to EA’s Website, including but not limited to granting or
denying User’s Authorized Representatives access to EA’s
Website according to procedures EA specifies.
User may not grant access or use of EA’s Website or
any information, material, or application on the Website to any contractor,
contract or temporary employee, sub supplier or other third party without EA’s prior consent provided in writing or as part of the
registration process. EA may withhold such constent
in its sole discretion.
Relationship Between the Parties
parties agree that neither party is an agent or legal representative of the
other party. Neither party has the right or authority to assume or create any
obligation or responsibility, express or implied, on behalf of or in the name
of the other party, or to bind the other party in any manner.
Access and Interference
agrees that it will not systematically extract, collect or harvest, through
electronic means or otherwise, data or data fields from EA’s
site without EA’s express written permission. User
further agrees that it will not use any device, software or routine to
interfere or attempt to interfere with the proper working of EA’s site and will not place a disproportionately large
load on EA’s infrastructure.
All notices, requests and other communications to any party under this
Agreement shall be in the English language and shall be deemed validly given if
transmitted in writing, by mail, telecopy or personal delivery to the other
party at the address and to the contact provided during registration.
Except as otherwise provided in a separate written agreement between the
parties, all costs and expenses incurred in connection with this Agreement and
access to and use of EA’s Website shall be paid by
the party incurring such cost or expense.
Unless stated to the contrary in this Agreement, these provisions are solely
for the parties’ mutual benefit and not for the benefit of any third party.
This Agreement may not be assigned without the prior written consent of the
other party, except that a party’s consent shall not be required for an
assignment by a party to one of its affiliates, provided the affiliate is not a
competitor of the other party.
Except as stated in Articles 2, 5, 6, and 7, this Agreement constitutes the
entire agreement between the parties with respect to User’s use of EA’s Website. This Agreement supersedes and cancels all
previous negotiations, agreements, commitments, and writings between the
parties with respect to the subject matter. Except as provided in Article 3,
this Agreement may not be supplemented or modified in any manner except by a
written document with the same or a later date signed by a duly authorized
representative of each of the parties or by an application-specefic,
supplemental registration process.
If for any reason any provision or portion of any provision of this Agreement
is found to be unenforceable, that provision shall be enforced to the maximum
extent permissible to implement the intent of the Agreement. The remainder of
this Agreement shall continue unchanged in full force and effect.
The parties agree that this Agreement will be construed, interpreted and
applied in accordance with the laws of the State of
If a dispute arises, the parties agree that the jurisdiction over and venue of
any suit arising out of or relating to this Agreement will be exclusively in a
federal or state court of competent jurisdiction sitting in the Hartford
Judicial District of the State of Connecticut, USA. Either party may at any
time, without inconsistency with this Agreement, seek from a court of general
jurisdiction located in the Hartford, Connecticut judicial district any
equitable, interim or provisional relief only to avoid irreparable injury.
1.00, April 16th, 2007
© 2007, The Engine