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Legal and privacy notices Thank you for your visit the TOOLS web site " www.turbomeca-support.com ". Upon access to the site www.turbomeca-support.com, the user agrees to the following terms and conditions: IMPORTANT : All Technical Documentation issued in electronic format, including the Documentation published on the TOOLS web site, can now officially be used in exactly the same way as the equivalent paper versions. In case of printing of any screen displayed document, you must check that it is faithful to the TOOLS file content (incomplete printing risk according to software or hardware configurations) and ensure that there is no discrepancy between the screen displayed data and the printed data upon paper. For further information, please refer to General Service Letter No. 2549/07. General Terms of Services of the website and the TURBOMECA services Please read these terms and conditions of use and services carefully. By using the services described herein, you agree these general and specific terms and conditions applicable to such services. If you do not accept the above-mentioned terms, do not use the site www.turbomeca-support.com. 1 Preamble TURBOMECA, through www.turbomeca-support.com provides users with access to a collection of on-line services, including various communications tools and business-to-business transaction services (the "Service" or "Services"). TURBOMECA and/or its affiliates abroad provides these Services, subject to the following General Terms of Services ("GTS") and to the Specific Conditions of Services applicable to the Service ("SCS"), which may all be updated by TURBOMECA from time to time. The sole responsibility of the TURBOMECA legal entity which provides a Service hereunder will be affected in relation therewith. In no event, the fact that access to the Services is made through a Web site shared within the TURBOMECA Group, gives rise to liability of any other TURBOMECA Group's company. The use of any particular Services through www.turbomeca-support.com, is also subject to the Specific Conditions of Service 2 Subscription to the services In order to use the Service, the user must benefit from an access to the Internet through necessary equipment to make such connection including a computer and modem or other access device and pay any fees associated with such access. In consideration of use of the Service, the user agrees to: (a) provide true, accurate, current and complete information as prompted by the registration form of the Services and maintain and promptly update such information to keep it true, accurate, current and complete. If the user provides any information that is untrue, inaccurate, not current or incomplete, or TURBOMECA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TURBOMECA has the right to suspend or terminate the relevant account and refuse any and all current or future use of the Services or any portion thereof. TURBOMECA may disclose to third parties certain information contained in registration information mentioned above, provided that, such information will not include personal data, except written authorization by the user or when such disclosure is to comply with the law, or to enforce the GTS or SCS. When using www.turbomeca-support.com, the user may wish to register for third party services. Those services are third parties services available through the Www.turbomeca-support.com but are provided at the user's sole risk by a third party, which is typically not affiliated with TURBOMECA. When the user signs up for one of these services, he acknowledges and agrees that it may be necessary for TURBOMECA to communicate some of his above registration information to this service provider. Also, if the service the user chooses requires the user e-mail address to fulfil this service, TURBOMECA will also give the user's e-mail address to the service provider. TURBOMECA may thus pass the user's e-mail address to a service provider only in the event that the user's specifically asked for this service and the service cannot be provided without such e-mail address. Moreover, pursuant to article 11, TURBOMECA may not be liable for these services in any event. 3 Rule to become a TOOLS member To become a TOOLS member, you must be a TURBOMECA's service approved operator. Any TURBOMECA's operator must mandatorily have a subscription to the technical documentation for the engine he operates. Any subscription request will therefore be subject to an internal investigation. Such investigation may therefore delay the sending of a personal access account. 4 Member account, password & security The user will receive a login and a password after TURBOMECA's acceptance of the requested subscription (see 3. How can you become a TOOLS member?). The user is responsible for maintaining the confidentiality of the login and password, and is fully responsible for all activities that occur under his password or account. The user agrees to immediately notify TURBOMECA of any unauthorized use of his password or account or any other breach of security. The user must ensure to exit from its account at the end of each session. TURBOMECA cannot and will not be liable for any loss or damage arising from his failure to comply with security guidelines, including but not limited to the above terms. 5 Specific prohibited uses The user acknowledges that all information, data, text, software, sound, photographs, graphics, video, messages or other materials used on the site www.turbomeca-support.com or in the Services ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. TURBOMECA shall not be liable in any way for any Content except when such Content originated from TURBOMECA, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Services. The user agrees to not use the Service to do any of the following: ? upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; ? harm minors in any way; ? impersonate any person or entity or otherwise misrepresent his affiliation with a person or entity; ? forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; ? upload, post, email or otherwise transmit any Content that the user does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); ? upload through a Service, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; ? upload through a Service, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation; ? upload through a Service, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; ? interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; ? intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, including, without limitation, the Paris Stock Exchange and Second Marche and any regulations having the force of law; The user agrees to comply with all local, national and international rules regarding online conduct and acceptable Content, including with all applicable laws regarding the transmission of technical data. 6 Proprietary rights of the user TURBOMECA does not own the Content submitted by the user, unless indicated otherwise before the submission. The user grants TURBOMECA such rights on the Content submitted to TURBOMECA that are required or deemed necessary by TURBOMECA for the provision of the Services and the use of the site in accordance with its designated use. Hence, the Content is hereby licensed to TURBOMECA the rights to display and distribute such Content including for purpose of the promotion and marketing of the Services. Are also granted, the right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content in whole or part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. This license granted for the term of the copyright and is royalty-free, non-exclusive, transferable and worldwide. The user warrants that it has all the rights, including intellectual property rights, related to the Content, in order to use the Services and to comply with the GTS and SCS. TURBOMECA does not pre-screen Content, but that TURBOMECA and its designees shall have the right, at its sole discretion, at any time, to refuse, edit, move or remove any Content that is publicly available via a Service. Without limiting the foregoing, TURBOMECA and its designees shall have the right to remove any Content that violates the GTS or SCS. The user is liable for any consequences arising out of the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. The user agrees to indemnify and hold TURBOMECA, and its affiliates harmless from any claim or demand, including reasonable attorneys'fees, made by any third party due to or arising out of his Content, his use of the Services, his connection to the Services, his violation of the GTS or SCS, or his violation of any rights of another. If, with respect to a Content provided through a Service, the user believes that its work has been reproduced in a way that constitutes a copyright infringement, the user shall contact immediately TURBOMECA. 7 Proprietary rights of TURBOMECA Each service contains proprietary information of TURBOMECA or of its licensor or clients and/or confidential information that is protected by applicable intellectual property and other laws. Furthermore, Content contained in advertisements presented through the site www.turbomeca-support.com is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TURBOMECA or advertisers, the user agrees not to modify, rent, transmit, lease, loan, sell, distribute or create derivative works based on the Service or the Content, in whole or in part, except for the user's own Content. The user shall not reproduce, resell or exploit for any commercial purposes or for free any portion of a Service, the use of the Service or the access to the Services. In particular, the user is prohibited to create any link with the Services. TURBOMECA, TURBOMECA Group, the TURBOMECA logo and the products and services described in www.turbomeca-support.com are either trademarks, trade names or service marks of TURBOMECA and its affiliates and licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of TURBOMECA or their owners. 8 General practices regarding use and storage TURBOMECA may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on TURBOMECA's servers on the user's behalf, and the maximum number of times (and the maximum duration for which) the user may access the site www.turbomeca-support.com in a given period of time. TURBOMECA has no responsibility or liability for any possible consequences due to the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. Each user undertakes to make, on a regular basis, a backup copy of its data and Content and to store the backup medium within appropriate conditions, pursuant to the professional standards. TURBOMECA reserves the right to log off accounts that are inactive for an extended period of time. TURBOMECA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 9 Modifications of services TURBOMECA reserves the right at any time to modify, with a fifteen (15) days prior notice in the event of substantial modification, a Service (or any part thereof). TURBOMECA will perform any outstanding Services. TURBOMECA shall not be liable for any substantial modification of one or several Services. In the event of substantial modification of a Service, the user may terminate such Service within a fifteen (15) days from the date of the notice. TURBOMECA shall not be liable in the event of such modification of one or several Services. 10 Suspension and discontinuance TURBOMECA reserves the right to suspend or discontinue immediately a Service (or any part thereof) in the event of material event such as, without limitation, if the user infringes applicable laws and regulations or if the user disturbs the quality of a Service. 11 Termination In the event of a breach of the GTS and/or SCS by the user, not remedied within thirty (30) days from the date of TURBOMECA's registered notice to such effect specifying the breach, TURBOMECA will be entitled to terminate automatically the use of any part or of all Services or account, remove and discard any Content within the Service and/or password, without prejudice to any damages that TURBOMECA might claim. 12 Links The site www.turbomeca-support.com may provide links to third parties World Wide Web sites. As TURBOMECA has no control over such third party web sites, TURBOMECA is not responsible for the availability of such sites, and does not endorse and is liable for any Content, advertising, products, or other materials on or available from such sites or for any transactions contemplated through such web sites or TURBOMECA is not responsible for any damage or loss caused or alleged to be caused by or in connection therewith use of or reliance on any such Content, goods or services available on or through any such site. Any correspondence or business dealings with advertisers or third parties found on or through the site www.turbomeca-support.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such advertiser/third parties. The user agrees that TURBOMECA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers/third parties on the site www.turbomeca-support.com. TURBOMECA is not responsible for the security practices or the content of other Web sites. TURBOMECA recommends to refer to the policies of the respective sites. 13 Collection of Data by TURBOMECA The provision and use of personal data contained in the site www.turbomeca-support.com are necessary to process the user's request. Such information is to be used by TURBOMECA for the sole purpose of processing the user's request and potentially for marketing purposes. The user has the right to access, modify, rectify, and delete his/her personal information by contacting TURBOMECA at the following address: TURBOMECA, Avenue du 1er Mai, 40220 Tarnos Cedex, France. TURBOMECA takes the appropriate measures, in compliance with applicable laws, to ensure the security and privacy of personal data collected on the site www.turbomeca-support.com. What information does TURBOMECA collect and why? IP addresses The user authorizes TURBOMECA to use its IP address to help diagnose problems with its server, to administer its web site www.turbomeca-support.com, or to gather general demographic information. Cookies TURBOMECA may use cookies to improve its knowledge of each user and to deliver any personalized content to users. TURBOMECA may therefore deliver information specific to the interests of each user. Cookies also allow TURBOMECA to better analyze the site's traffic patterns. However, TURBOMECA does not follow the browsing path of users once they have exited the site www.turbomeca-support.com. The user is informed that third parties who provide information on the site www.turbomeca-support.com may also use their own cookies. user registration The user may choose to fill out a registration form on the site www.turbomeca-support.com with contact information that TURBOMECA may need. This information is used to send the user requested information or products, to contact users with other product information, news, or promotions, and to learn more about visitors of the site. The user may choose not to receive any further information from TURBOMECA any time. E-mail addresses If the user gives TURBOMECA his e-mail address, TURBOMECA will communicate with the user via e-mail. TURBOMECA does not share the user's e-mail address with others outside the TURBOMECA companies. Registration for third party services at TURBOMECA online. The user may wish to register for third party services via the site www.turbomeca-support.com. These services are available through the site www.turbomeca-support.com but are provided by a third party which is not typically affiliated with TURBOMECA. When the user signs up for one of these services, he acknowledges and agrees that it may be necessary for TURBOMECA to communicate some of its personal data to such third party. In addition, if the user's e-mail address is required to obtain a service chosen by the user, TURBOMECA will also give the user's e-mail address to such third party. TURBOMECA may thus disclose the user's e-mail address to such third party only in the event that the user has specifically asked for this service and if the service cannot be provided without the user's e-mail address.For more details the user may look into the personal confidentiality rules of the concerned third party. Online surveys From time to time, TURBOMECA may conduct online surveys. Such surveys may ask the user for demographic information, such as zip code or industry sector. If the online survey collects contact information, TURBOMECA may use that data to send the user further information only if TURBOMECA specifically asks for the user's permission in the survey. The user is free to opt out of receiving future mailings at any time. User profile data TURBOMECA may use all information collected from the user's profile data. The user's consent and TURBOMECA's revisions By using the web site www.turbomeca-support.com, the user agrees to the collection and use of the information as described here. If TURBOMECA decides to make changes to this use of the information, TURBOMECA will inform the user. 14 Disclaimer of warranties The service is provided on an "as is" and "as available" basis. TURBOMECA makes no warranty that : ? the service will meet some user's specific needs; ? the service will be uninterrupted, or error-free; ? the quality of any products, services, information, or other material purchased or obtained by the user through the service will meet his expectations. 15 Limitation of liability Except as provided otherwise in the SCS, TURBOMECA is liable towards the user only of a proven defective performance of its obligations under the GTS. Under no circumstances, Snecma shall be responsible for any indirect, special, incidental, consequential or exemplary damages such as but not limited to loss of profits, loss of business, loss of revenue, even if the parties have been advised of the possibility of such damages, and for third party claims against the user. In the event direct damages arise in connection with the performance of the services, TURBOMECA shall not be liable to a user for an amount greater having then been paid by the said user to TURBOMECA for the service that caused the damage, except in the event of wilful misconduct of TURBOMECA. TURBOMECA shall in no event be held responsible for loss or damage to the elements which are entrusted to it by the user, such as files, data, programs, documentation, the user being responsible to take all necessary precautions and in particular backup measures against the risks of loss or accident. 16 Notice Notices made by TURBOMECA may be made via either e-mail or regular mail or via the site www.turbomeca-support.com. TURBOMECA may also provide notices of changes to the GTS or SGS or other matters by displaying notices or links to notices to the user generally on the Service. 17 General information The GTS et SCS constitute the entire agreement between the user and TURBOMECA and govern the use of the Service by the user, except any expressed written agreement executed between TURBOMECA and the user. The user may also be subject to additional terms and conditions that may apply when the user uses affiliate services, third-party content or third-party software. When the GTS and/or SCS are determined as an international contract, they are governed by French law and both parties agree to submit to the exclusive jurisdiction of the Tribunal of Commerce of Paris, France. In the event these conditions are not determined as an international contract, they are governed by the local law and submitted to the exclusive jurisdiction of the court where the applicable TURBOMECA legal entity is duly registered or to the exclusive jurisdiction of the Tribunal of Commerce of Paris, Paris. The failure of one of the parties to exercise or enforce any right or provision of the GTS or SCS shall not constitute a waiver of such right or provision. If any provision of the GTS or SCS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties'intentions as reflected in the provision, and the other provisions of the GTS or SCS remain in full force and effect. The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the GTS or SCS must be filed within two (2) years after such claim or cause of action arose or be forever barred. The parties acknowledge that TURBOMECA designates the entity which invoices the concerned Service. The identification of this entity will be mentioned on the bills sent to the user for the aforesaid Service. The parties agree that the elements provided by TURBOMECA as evidence will be considered as acceptable means of evidence unless determined otherwise by a contradictory evidence. 18 Applicable rights - Legal competence These conditions of use are controlled by French law. Only the French jurisdiction is competent for all litigation concerning the use of the www.turbomeca-support.com web site. CNIL authorization n?1026158 - August, 6th 2004 - for Snecma, now SAFRAN Group due to the 11th May 2005 merger with Sagem. Version updated on January, 14th 2009
