GENERAL INFORMATION
Proprietary Information
THIS DOCUMENT AND ALL INFORMATION AND EXPRESSION CONTAINED HEREIN ARE THE PROPERTY OF SPEKTREWORKS INC., ARE PROVIDED IN CONFIDENCE, AND MAY BE USED BY PERSONS REQUIRED TO COMPLY WITH ANY OF THE TERMS OF THESE INSTRUCTIONS. EXCEPT AS SET FORTH ABOVE, NO PERSON MAY, IN WHOLE OR IN PART, USE, DUPLICATE OR DISCLOSE THIS INFORMATION FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN PERMISSION OF SPEKTREWORKS INC.
SpektreWorks Materials License Agreement
The documents and information contained herein (“the Materials”) are the proprietary data of SpektreWorks Inc. These Materials are provided for the exclusive use of SpektreWorks Service Centers; SpektreWorks-authorized repair facilities; operators of SpektreWorks products subject to an applicable product support agreement, their wholly owned-subsidiaries or a formally designated third party service provider thereunder; and direct recipients of Materials from SpektreWorks Technical Publication Distribution. The terms and conditions of this License Agreement govern your use of these Materials, except to the extent that any terms and conditions of another applicable agreement with SpektreWorks regarding the operation, maintenance, or repair of SpektreWorks products conflict with the terms and conditions of this License Agreement, in which case the terms and conditions of the other agreement will govern. However, this License Agreement will govern in the event of a conflict between its terms and conditions and those of a purchase order or acknowledgement.
License Grant - If you are a party to an applicable product support agreement, a SpektreWorks Service Center agreement, or an authorized repair facility agreement, SpektreWorks hereby grants you a limited, non-exclusive license to use these Materials to operate, maintain, or repair SpektreWorks products only in accordance with that agreement. If you are a direct recipient of these Materials from SpektreWorks Technical Publication Distribution and are not a party to an agreement related to the operation, maintenance, or repair of SpektreWorks products, SpektreWorks hereby grants you a limited, non-exclusive license to use these Materials to maintain or repair the subject SpektreWorks products only at the facility to which these Materials have been shipped ("the Licensed Facility"). Transfer of the Materials to another facility owned by you is permitted only if you provide prior written notice to SpektreWorks.
Rights in Materials - SpektreWorks retains all rights in these Materials and in any copies thereof that are not expressly granted to you, including all rights in patents, copyrights, trademarks, and trade secrets. No license to use any SpektreWorks trademarks or patents is granted under this License Agreement.
Confidentiality - You acknowledge that these Materials contain information that is confidential and proprietary to SpektreWorks. You agree to take all reasonable efforts to maintain the confidentiality of these Materials.
Assignment and Transfer - This License Agreement may be assigned to a formally designated service designee or transferred to a subsequent owner or operator of an aircraft containing the subject SpektreWorks products. However, the recipient of any such assignment or transfer must assume all your obligations under this License Agreement. No assignment or transfer shall relieve any party of any obligation that such party then has hereunder.
Copies of Materials - Unless you have the express written permission of SpektreWorks, you may not make or permit making of copies of the Materials. Notwithstanding the foregoing, you may make copies of only portions of the Material for your internal use. You agree to return the Materials and any copies thereof to SpektreWorks upon the request of SpektreWorks.
Term - This License Agreement is effective until terminated as set forth herein. This License Agreement will terminate immediately, without notice from SpektreWorks, if you fail to comply with any provision of this License Agreement or will terminate simultaneously with the termination or expiration of your applicable product support agreement, authorized repair facility agreement, or your formal designation as a third-party service provider. Upon termination of this License Agreement, you will return these Materials to SpektreWorks without retaining any copies and will have one of your authorized officers certify that all Materials have been returned with no copies retained.
Remedies - SpektreWorks reserves the right to pursue all available remedies and damages resulting from a breach of this License Agreement.
Limitation of Liability - SpektreWorks does not make any representation regarding the use or sufficiency of the Materials. THERE ARE NO OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, (i) WARRANTIES ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE, OR TRADE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED, OR (ii) WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, EVEN IF SPEKTREWORKS HAS BEEN ADVISED OF ANY SUCH INFRINGEMENT. IN NO EVENT WILL SPEKTREWORKS BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BY OPERATION OF LAW, OR OTHERWISE.
Controlling Law - This License shall be governed and construed in accordance with the laws of the State of Arizona without regard to the conflicts of law’s provisions thereof. This license sets forth the entire agreement between you and SpektreWorks and may only be modified by a writing duly executed by the duly authorized representatives of the parties.
Warranty/Liability Advisory
WARNING: SPEKTREWORKS ASSUMES NO RESPONSIBILITY FOR ANY SPEKTREWORKS EQUIPMENT WHICH IS NOT MAINTAINED AND/OR REPAIRED IN ACCORDANCE WITH SPEKTREWORK’S PUBLISHED INSTRUCTIONS. NEITHER DOES SPEKTREWORKS ASSUME RESPONSIBILITY FOR SPECIAL TOOLS AND TEST EQUIPMENT FABRICATED BY COMPANIES OTHER THAN SPEKTREWORKS.
WARNING: INCORRECTLY REPAIRED COMPONENTS CAN AFFECT AIRWORTHINESS OR DECREASE THE LIFE OF THE COMPONENTS. INCORRECTLY FABRICATED SPECIAL TOOLING OR TEST EQUIPMENT CAN RESULT IN DAMAGE TO THE PRODUCT COMPONENTS OR GIVE UNSATISFACTORY RESULTS.