Website Content License Agreement

1. Acceptance of the Content License Agreement (“Agreement”).

The terms of this Agreement are entered by and between Safran Cabin Inc. and its affiliates (“Safran Cabin”) and the user and entity associated with the login and password (“Licensee”). Safran Cabin owns, operates, and controls the webpage techpubs.safran-cabin.com (“Website”) and wishes to make the documents, files, or other information available for download (“Documents”) accessible on the Website; and grant a license the Documents to Licensee. The following terms and conditions governs the Licensee’s access and use of the Documents on the Website, whether as a guest or registered user.

 

Licensee must read these terms carefully before it begins to use the Website. By using the Website, Licensee is representing it is authorized to accept, or agrees to be bound, and abide by, this Agreement and Safran Cabin’s Privacy Policy, found at https://techpubs.safran-cabin.com/privacy, incorporated herein by reference. If Licensee does not want to agree to this Agreement or Privacy Policy, Licensee must not access or use Safran Cabin’s Website.

 

2. License Grant.

 

Any Documents downloaded from the Website after clicking the "Register" button and throughout the Term (as defined below) of this Agreement are licensed by Safran Cabin to Licensee, on a limited, non-sublicensable, non-transferable and non-exclusive basis, and solely for the purposes for Licensee to use when installing, using, maintaining, and/or repairing Safran Cabin approved products that have been manufactured by, or for, Safran Cabin. No other rights or licenses are granted to Licensee by this Agreement to use the Documents or any other intellectual property owned by Safran Cabin.

 

3. License Restrictions.

 

The Documents and all copies thereof contain Safran Cabin’s proprietary information and are protected by copyright and 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 in writing by Safran Cabin, and Licensee may not use the Documents for any purpose other than the purposes specifically set forth in this Agreement. 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 Cabin; (iii) compare a part manufactured by or for Safran Cabin to a part not manufactured by or for Safran Cabin; 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 this Agreement, 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 originals.

The Documents were developed by Safran Cabin only to install, use, maintain and/or repair parts (approved by Safran Cabin) manufactured by, or for, Safran Cabin. The information contained in the Documents are not licensed for, or otherwise applicable to, other systems and/or parts, regardless of their similarity to Safran Cabin 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 Cabin (including parts with alterations not approved by Safran Cabin). Safran Cabin part numbers are valid only to the extent they exclusively utilize parts approved by Safran Cabin.

 

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 Cabin parts specified in the Documents. Notwithstanding such authorization or demonstration, until and unless such Replacement Parts are identified in a Safran Cabin-issued Illustrated Parts List, Service Bulletin, Service Letter or other similar document, Safran Cabin 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 any applicable contractual requirements regarding document use, as required.

 

4. License Fees.

 

In consideration of the licenses granted and other undertakings by Safran Cabin, Licensee shall pay Safran Cabin a license fee for some of the Documents prior to the Document download. Other Documents licensed by Safran Cabin on the Website can be downloaded free of charge. A description of the Documents and any related license fees, and/or additional terms and conditions (such as a subscription period associated with the fee payment) are available on the Website.

 

5. Delivery of Content.

 

The Documents will be delivered to the Licensee in .pdf format after the payment of any applicable licensee fee(s). The delivery will be made to the e-mail address associated with Licensee’s login and password. Safran Cabin is not liable for delays or failures of delivery beyond its reasonable control. Safran Cabin’s sole responsibility for any such delay or failure is to deliver or re-deliver the relevant Documents as soon as reasonably possible.

 

6. Term of License.

 

The license to use the 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 Cabin as set forth below (the “Term”).

 

7. Termination.

 

Safran Cabin may terminate this Agreement at any time without cause by providing at least 30 days’ prior written notice to Licensee or if Licensee breaches the Agreement and such breach is incapable of cure, or, if capable of cure, fails to cure such breach within 30 days after receiving written notice. Upon any expiration or termination of this Agreement all licenses granted under this Agreement shall also terminate.

 

8. Confidentiality Obligations.

 

"Confidential Information" means any information that is treated as confidential by Safran Cabin, including, without limitation, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing.

 

The Documents may include Safran Cabin’s Confidential Information. All Documents provided under this Agreement (including all copies thereof) are and shall remain the exclusive property of Safran Cabin. Licensee agrees, during the Term and for 30 years thereafter, to: not disclose Safran Cabin’s Confidential Information without Safran Cabin’s prior written consent; provided however, Licensee may disclose the Confidential Information to its employees who: (i) have a “need to know” for purposes permitted by this Agreement, (ii) have been apprised of this restriction; and (iii) are themselves bound by nondisclosure restrictions at least as restrictive as those set forth in this Agreement. Further, Licensee shall take all appropriate steps to hold in confidence the login and password used to access the Documents on techpubs.safran-cabin.com. Licensee shall promptly inform Safran Cabin 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.

 

9. Trademarks.

 

Safran Cabin’s name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Safran Cabin or its affiliates or licensors. Licensee must not use such marks without the prior written permission of Safran Cabin. All other names, logos, product and service names, designs and slogans on Safran Cabin’s Website are the trademarks of their respective owners.

 

10. Warranty Disclaimer.

 

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 CABIN AND LICENSEE. LICENSEE HEREBY WAIVES, RELEASES AND RENOUNCES ANY AND ALL OTHER WARRANTIES, GUARANTEES, OBLIGATIONS AND LIABILITIES OF SAFRAN CABIN AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES AGAINST SAFRAN CABIN, 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. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SAFRAN CABIN WILL NOT  BE  LIABLE  FOR  ANY  LOSS OR  DAMAGE  CAUSED BY  A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT LICENSEE’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO LICENSEE’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO LICENSEE DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. LICENSEE’S USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT LICENSEE’S OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SAFRAN CABIN NOR ANY PERSON ASSOCIATED WITH SAFRAN CABIN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SAFRAN CABIN NOR ANYONE ASSOCIATED WITH SAFRAN CABIN REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET LICENSEE’S NEEDS OR EXPECTATIONS.

 

 

11. Limitation of Liability.

 

IN NO EVENT WILL SAFRAN CABIN BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR DAMAGES OF ANY NATURE, WHETHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR LOST PROFITS OR REVENUES,  ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE LICENSEE’S USE OF THIS WEBSITE OR THE DOCUMENTS AND MATERIALS CONTAINED IN, OR ACCESSED THROUGH THIS PORTAL, OR INABILITY TO USE THE DOCUMENTS, OR LICENSEE’S USE OF PARTS NOT APPROVED BY SAFRAN CABIN, WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF WARRANTY OR TORT, INCLUDING NEGLIGENCE, EVEN IF LICENSEE HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE DOCUMENTS ARE NOT APPLICABLE TO ASSEMBLIES THAT CONTAIN PARTS NOT APPROVED BY SAFRAN CABIN, INCLUDING PARTS WITH ALTERATIONS NOT APPROVED BY SAFRAN CABIN. USE OF SUCH NON-APPROVED PARTS VOIDS ANY WARRANTIES EXTENDED BY SAFRAN CABIN WITH RESPECT TO ASSEMBLIES OR COMPONENT PARTS THEREOF SUPPLIED BY SAFRAN CABIN.

 

12. Indemnification.

 

Licensee will indemnify and hold harmless Safran Cabin,  its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Licensee’s breach of this Agreement or Licensee’s use of the Website, including, but not limited to any use of the Website's Documents, content, services, and products other than as expressly authorized in this Agreement, or Licensee’s use of any information obtained from the Website.

13. International Users.

The owner of the Website is based in the United States. Licensee’s access to the Website from outside the United States, is Licensee’s own initiative and Licensee is responsible for compliance with local laws.

14. Applicable Law and Venue.

This Agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the city of Santa Ana and County of Orange, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.

15. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM LICENSEE MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Relationship of the Parties.

The relationship between the Safran Cabin and Licensee is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between Safran Cabin and Licensee, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

17. Entire Agreement.

This Agreement, including and together with any related exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

18. Waiver and Severability.

No waiver by Safran Cabin of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Safran Cabin to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

19. Licensee’s Comments and Concerns.

This website is operated by Safran Cabin. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: techsupport.sca@customer.safrangroup.com