Whereas the Licensee wishes to download documents from the Portal belonging to Safran Seats.
1. Agreement
For purposes of this Agreement, the "Licensee" is the entity associated with your login and password. By clicking "I Accept", you represent that you are authorized by such entity to accept these terms and conditions, and enter into this Agreement, on its behalf.
2. License Grant
Any documents, files or other information ("Documents") downloaded from techpubsdistribution techpubs.customers.safran-seats.com after clicking the "I Accept" button are licensed by Safran Seats to Licensee on a limited, non-sublicensable, non-transferable and non-exclusive basis, solely for Licensee to install, use, and maintain and/or repair parts manufactured by or for Safran Seats using parts approved by Safran Seats. No other right or license is granted to Licensee by this Agreement to use the Documents or any other intellectual property owned by Safran Seats.
3. Fees
Some Documents require payment of a fee to Safran Seats before they can be downloaded and the license described in Paragraph 1 goes into effect; other Documents may be downloaded and are licensed by Safran Seats free of charge. The description of each Document available for downloading states its license fee and any additional terms applicable to the Document (such as a subscription period associated with the payment of a fee.)
4. Download Protocol
Documents will be delivered to Licensee in *.pdf format, after payment of any applicable licensee fee(s); delivery will be to the e-mail address associated with Licensee’s login and password..
5. Term of License
The license to use Documents received under this Agreement will be effective as of the date of receipt of such Documents, and shall continue in force until the earlier of (i) expiration of the subscription period set forth herein or (ii) termination by Safran Seats as set forth below.
6. Use of the Documents
The Documents and all copies thereof are proprietary to Safran Seats and are protected by copyright and other intellectual property laws of several countries. Licensee may not copy, rent, lease, sell, distribute, publish, display, modify or create derivative works of the Documents unless specifically permitted herein, and may not use the Documents for any purpose other than the purposes specifically set forth in Paragraphs 1 and 5 hereof. Without limiting the generality of the foregoing, Licensee may not use the Documents to: (i) design, develop, manufacture, maintain, repair or modify any part in a manner not authorized in the Documents;(ii) install, use, maintain or repair any part which was not originally manufactured or sold by or for Safran Seats; (iii) compare a part manufactured by or for Safran Seats to a part not manufactured by or for Safran Seats; or (iv) apply for, obtain, or support an application to obtain approval from any government entity (including without limitation the EASA and FAA) to manufacture, maintain or repair any part.
Licensee may make tangible copies of the Documents but only as strictly necessary to carry out the activities described in Paragraphs 1 and 5, and may make one electronic copy of the Documents for archival backup purposes only, provided that all such copies include all copyright and other proprietary notices contained on the original.
The Documents were developed by Safran Seats only to install, use, maintain and/or repair parts manufactured by or for Safran Seats using parts approved by Safran Seats. Information in the Documents is not licensed for, or otherwise applicable to, other systems and/or parts, regardless of their similarity to Safran Seats assemblies and parts.Licensee shall not rely in any way on information in the Documents to maintain, repair or otherwise support parts, or assemblies containing component parts, not manufactured by or for Safran Seats (including parts with alterations not approved by Safran Seats). Safran Seats part numbers are valid only to the extent they exclusively utilize parts approved by Safran Seats.
On occasion, certain parts ("Replacement Parts") may either be authorized by the EASA or the FAA (or other government authorities) and/or demonstrated by third parties as alternatives for the Safran Seats parts specified in the Documents. Notwithstanding such authorization or demonstration, until and unless such Replacement Parts are identified in a Safran Seats-issued Illustrated Parts List, Service Bulletin, Service Letter or similar such document, Safran Seats does not authorize or otherwise approve the use of any Replacement Parts, and the Documents may not be used in conjunction therewith.
Licensee shall also comply with the applicable Safran Seats License Agreement regarding document use, as required.
7. Confidentiality Obligations
The Documents may include trade secrets and other proprietary and confidential information of Safran Seats. All Documents provided under this Agreement (including all copies thereof) are and shall remain exclusive property of Safran Seats.
Licensee shall keep any and all information contained in the Documents confidential, shall disclose the Documents only to those of its employees having a need to know for purposes permitted by this Agreement, shall inform such employees of the confidential nature of the Documents, and shall not disclose the Documents or any information therein or derived or derived therefro to third parties without prior written approval of Safran Seats.Further, Licensee shall take all appropriate steps to hold in confidence the login and password used to access the Documents on techpubs.customers.safran-seats.com
Licensee shall promptly inform Safran Seats of any use or disclosure of the Documents contrary to the terms and conditions of this Agreement, or any other breach of this Agreement by Licensee.
8. Warranty
NOTHING HEREIN SHALL CONSTITUTE A WARRANTY TO LICENSEE, NOR SHALL BE DEEMED TO AFFECT OR MODIFY ANY EXPRESS WARRANTY GRANTED TO LICENSEE IN THE DOCUMENTS OR IN ANY OTHER AGREEMENT BETWEEN Safran Seats AND LICENSEE. LICENSEE HEREBY WAIVES, RELEASES AND RENOUNCES ANY AND ALL OTHER WARRANTIES, GUARANTEES, OBLIGATIONS AND LIABILITIES OF Safran Seats AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES AGAINST Safran Seats, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR OTHER WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
9. Limitation of Liability
IN NO EVENT WILL Safran Seats BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR DAMAGES OF ANY NATURE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS), SPECIAL OR PUNITIVE ARISING OUT OF LICENSEE’S USE OR INABILITY TO USE THE DOCUMENTS, OR LICENSEE’S USE OF PARTS NOT APPROVED BY Safran Seats, WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF WARRANTY OR TORT, INCLUDING NEGLIGENCE, EVEN IF Safran Seats HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL DOCUMENTS ARE PROVIDED "AS IS". THE ENTIRE LIABILITY OF Safran Seats AND LICENSEE’S EXCLUSIVE REMEDY IS LIMITED TO, AT Safran Seats’S SOLE OPTION, REPLACEMENT OF THE DOCUMENTS OR, IF APPLICABLE, REFUND OF LICENSEE’S LICENSE FEE. THE DOCUMENTS ARE NOT APPLICABLE TO ASSEMBLIES THAT CONTAIN PARTS NOT APPROVED BY Safran Seats, INCLUDING PARTS WITH ALTERATIONS NOT APPROVED BY Safran Seats. USE OF SUCH NON-APPROVED PARTS VOIDS ANY WARRANTIES EXTENDED BY Safran Seats WITH RESPECT TO ASSEMBLIES OR COMPONENT PARTS THEREOF SUPPLIED BY Safran Seats.
10. Indemnification
Licensee will indemnify and hold harmless Safran Seats, its officers, directors, employees and shareholders, and their respective successors