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(Only Honeywell customers with a signed GTA [General Terms of Agreement] will be provided access)
©HONEYWELL 2002, All Rights Reserved.
This site contains HONEYWELL proprietary information
The information contained in this site is HONEYWELL proprietary information and is disclosed in confidence. It is the property of HONEYWELL and shall not be used, disclosed to others or reproduced without the express written consent of HONEYWELL, including, but without limitation, it is not to be used in the creation, manufacture, development, or derivation of any repairs, modifications, spare parts, designs, or configuration changes or to obtain FAA or any other government or regulatory approval to do so. If consent is given for reproduction in whole or in part, this notice and the notice set forth on each page of this site shall appear in any such reproduction in whole or in part. The information contained in this site may also be controlled by the U.S. export control laws. Unauthorized export or re-export is prohibited.
S.H.A.R.E.D Terms and Conditions
1. General.
This Web site ("the Site") is provided by Honeywell Incorporated, including its affiliates (collectively "HONEYWELL") as an online information and communication service subject to your acceptance of the terms and conditions set forth in this agreement ("Agreement").
Please read this Agreement carefully before accessing, browsing or using this Site. By indicating your acceptance below, you agree that you have read, understood and have become legally bound by the following terms and conditions. If you do not wish to be legally bound by these terms and conditions, you should not accept these terms and should not access or use this Site. HONEYWELL may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
2. Operating Policy.
Your participation in on-line communication occurs in real time and is not edited, censored, or otherwise controlled by HONEYWELL. HONEYWELL cannot and does not screen content provided by users of the Site; however, HONEYWELL does reserve the right to monitor content on the Site and to remove content which HONEYWELL, in its sole discretion, determines to be offensive, harmful, or otherwise in violation of this Agreement, applicable laws and regulations or HONEYWELL's policies and procedures. In order to enhance our ability to maintain an informative and useful Site and avoid the damage that can result from disseminating harmful or unauthorized statements, you agree that you will not:
(a) post or transmit any message on or through the Site which is libelous, defamatory or which discloses personal or private matters concerning any person without their express consent. You may not post or transmit any message, data, image or program which is obscene, indecent, pornographic or profane or any other material which could give rise to any civil or criminal liability;
(b) post or transmit any message on or through the Site which 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;
(c) interfere with the use by others of the Site;
(d) post or transmit any file which may contain viruses, worms or any other contaminating or destructive program:
(e) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated linked sites;
(f) extract, collect or harvest, through electronic means or otherwise, any content, data or data fields from the Site, without HONEYWELL's express written permission;
(g) use any device or software, whether developed by you or a third party, to interfere or attempt to interfere with the proper working of the Site and will not place a disproportionately large load on HONEYWELL's infrastructure; or
(h) link to the Site without obtaining HONEYWELL's prior written permission.
3. Intellectual Property/Use of Information.
The copyright in all material located on this Site is held by HONEYWELL or the original creator of the material. All material is protected under the United States and worldwide copyright laws and treaty provisions or the original creator of the material. You agree to comply with all copyright laws worldwide when you access or use this Site.
You are granted access to this Site and the information contained on it as a result of a commercial relationship you have with HONEYWELL which is governed by one or more existing agreements, including without limitation general terms agreements, service agreements or maintenance agreements, which establish the legal framework under which you are authorized to utilize information provided to you by HONEYWELL, through the use of this Site or otherwise. In the event that you do not have an existing, valid agreement with HONEYWELL, you hereby agree to the terms and conditions contained in HONEYWELL's Standard Terms and Conditions and you agree that your access to and use of this Site is permitted and governed by those terms.
Accordingly, HONEYWELL grants you a non-exclusive, non-transferable, limited right to access, use, display, download and print material from this Site and the materials located on it solely for those purposes authorized under the applicable, existing agreements which govern your commercial relationship with HONEYWELL and to procure goods or services directly from HONEYWELL. Any other copying, re-distribution, re-transmission, "mirroring" of material contained on this Site on another server, or publication of downloaded material is strictly prohibited without the prior, written consent of HONEYWELL and/or the original creator of such material.
"HONEYWELL" is a registered trademark in the United States and other countries. Other trademarks or service marks which may appear in this Web Site may be marks of HONEYWELL or of third parties that are not affiliated with HONEYWELL. HONEYWELL and its affiliates do not control or endorse the content of third party Web sites. Except as expressly provided in this Agreement HONEYWELL does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
At this time the FAA has not approved internet-based media for delivery and maintenance of technical publications. You are responsible for contacting your local FAA DER representative for guidelines regarding your use of data contained in this Web Site and your potential need for the information provided on this Web Site.
4. Your Transmissions.
Other than personal data HONEYWELL may request from you that may be protected by our online Privacy Policy and any business proprietary data that is already protected by your commercial agreement with HONEYWELL and appropriate for posting on the Site, HONEYWELL does not want you to, and you should not, send any confidential or proprietary information to HONEYWELL on the Site. If you do, you agree that any information or material that you provide to HONEYWELL which is not protected by our online Privacy Policy will be considered non-confidential and non-proprietary. By providing any such information or materials to HONEYWELL, you grant to HONEYWELL an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that HONEYWELL is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to HONEYWELL.
5. Online Purchases.
If you have an existing commercial relationship with HONEYWELL and have entered into a current, valid contract with HONEYWELL for the purchase of goods and/or services from HONEYWELL, you may be granted permission to place orders for the purchase of those goods and/or services on-line through the Site provided your company has already executed an E-Commerce Master Agreement with HONEYWELL. Any purchase of goods or services through the Site will be governed by the terms of your existing written agreement with HONEYWELL (e.g., general terms agreement, service agreement, maintenance agreement) and the E-Commerce Master Agreement.
6. Linking.
The Site may from time to time provide a link to other Web sites or other Internet information sources ("Third Party Sources"). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by HONEYWELL of, or responsibility for, the third parties or the Third Party Sources or any content, services or products available on or through such Third Party Sources. If you use these sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
7. Limitation of Liability.
In no event will HONEYWELL, its officers, directors, employees or agents, be liable to any person or entity for any indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials and functions of the Site or any linked Web site, even if HONEYWELL expressly advised of the possibility of such damages.
8. Indemnification.
You agree to indemnify, defend, and hold harmless HONEYWELL, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from or relating to any violation of this Agreement by you.
9. Termination.
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Site after you have terminated this Agreement, however the obligations contained in Paragraphs 2,3,7,8,9,10,12 and 13 shall survive such termination. HONEYWELL may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. HONEYWELL may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. HONEYWELL may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all materials.
10. International Users.
This Site is controlled, operated and administered by HONEYWELL from its offices within the United States of America. HONEYWELL makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site, export or re-export the materials in violation of U.S. export laws and regulations. Unauthorized export or re-export is prohibited. In addition, if you access this Site from a location outside of the United States, you remain solely responsible for compliance with all local laws and regulations.
11. Price quote
Any price quote for products or services provided through this Web Site by any interactive electronic tool is provided for informational use or planning purposes only; it is not an offer to sell the product or service at that price and is subject to change at any time unless an invitation to offer is made specifically. The sale of any product or service shall be as set forth on a Purchase Order prepared in accordance with the terms and conditions in a valid and current General Terms Agreement.
12. Entire Agreement, Dispute Resolution, and Applicable Law.
This Agreement constitutes the entire agreement between HONEYWELL and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason, any provision of the Agreement or portion thereof, is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
We agree that this Agreement will be construed, interpreted and applied in accordance with the law of the Sate of New York, USA, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods.
We will try to resolve any dispute relating to the performance or interpretation of this Agreement ("the Dispute" amicably within sixty (60) days. In the event we do not, the Dispute will be settled and finally determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in New York, New York, USA, by one or more arbitrators appointed in accordance with said rules. Either of us may take appropriate action as may be required under applicable law for the enforcement of such arbitration award. If a dispute arises and the arbitration provision specified above becomes unenforceable for any reason, we 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 State of New York, USA.
13. Other Agreements.
Your access to and use of this Site is authorized and controlled by a commercial relationship your company has with HONEYWELL which is governed by one or more underlying existing agreements, which may include general terms agreements, service agreements, maintenance agreements or proprietary information agreements. Any commercial transaction for goods, services or data which you have entered into with or may enter into with HONEYWELL, whether separately in writing or through the use of any link provided by HONEYWELL on this Site, will be governed by the terms and conditions set forth in the applicable agreement governing such transaction. In the event that you do not have a current, valid agreement with HONEYWELL, you agree that your use of this Site, including any purchases of goods and/or services through the Site, is governed by the terms and conditions contained in HONEYWELL's Standard Terms and Conditions. In the event of a conflict between specific terms of this Agreement and specific terms of another agreement you may have with HONEYWELL, the terms of such other agreement shall control to the extent necessary to eliminate such conflict. All other terms shall be governed by this Agreement.
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