The following agreement (the “Agreement”) sets out the terms and conditions by which you shall be granted access to the Online Part Ordering (OPO2.0) website (the “Site”) and respective functionalities as made available to you by Bombardier Inc. (“BOMBARDIER”) through the Site.
By using this Site, you signify your assent to the terms of use of this Agreement. This Site is owned and operated by BOMBARDIER and may be used by you only for personal, non-commercial purposes. You are not authorized to change, adapt, rearrange, reformulate or decrypt the content of this Site, in any way whatsoever. When used herein, the term “BOMBARDIER” refers to BOMBARDIER INC. and/or its subsidiaries.
Unless otherwise specified, the materials on this Site are presented solely for the purpose of promoting BOMBARDIER products and services.BOMBARDIER does not represent or warrant this Site will be error free, or completely accurate or current at all times. Information on this Site could include inaccuracies or typographical errors.
Changes may be periodically made to the information on this Site and to the products and services it represents. BOMBARDIER does not warrant that this Site will be available and accessible at all times. BOMBARDIER also makes no representation that materials, products or services depicted on the Site are appropriate or available in all locations.
The Intellectual Property contained on or accessible through this Site (including, without limitation, all digital images of BOMBARDIER manufactured aircraft and other products or services offered by BOMBARDIER) shall not be used, redistributed, broadcast, published, copied to any other media or reproduced, or altered in any manner, distorted or used in any way that is detrimental to BOMBARDIER’s image orreputation. For purposes hereof “Intellectual Property” shall mean any applicable intellectual property rights, including but not limited to patents, inventions, know-how, trade secrets and other confidential information, registered designs, copyrights, author’s rights, database rights, design rights, any right equivalent to copyright, database rights and design rights, semiconductor topography rights, trade marks, service marks, logos, domain names, business names, trade names, moral rights and all related registrations or applications in any country or jurisdiction, applicable to the Site or made available on the Site.
Nothing contained herein shall be construed as granting, explicitly or implicitly, any license or other right to use the Intellectual Property materials other than in accordance with the terms contained herein. All rights, title and interest in the selection, coordination, arrangement and enhancement of the Intellectual Property are specifically reserved to BOMBARDIER and its licensors. You shall not, whether directly or indirectly, claim any ownership to or infringe any Intellectual Property rights on the Site; nor use any of the Intellectual Property in the Site, except as expressly authorized by a written agreement between you and BOMBARDIER.
Notwithstanding the foregoing, BOMBARDIER does not represent or warrant that the Intellectual Property contained on or accessible through this Site does not infringe the rights of others.
BOMBARDIER reserves the right to monitor access to any activity on the Site, and to access and remove any information transmitted or received through the Site or any service provided on the Site (the “Services”), or to terminate your access to and use of the Site and/or Services in the event of failure to comply with this Agreement. You agree that BOMBARDIER shall have the right to use any information resulting from monitoring the Site or the Services in any lawful manner, provided that confidentiality is maintained.
TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ALL OF THE INFORMATION IT CONTAINS ARE PROVIDED " AS IS " WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT, IN REGARD TO THIS SITE OR ANY OTHER HYPERLINKED SITE, WILL BOMBARDIER BE LIABLE TO ANY PARTY FOR ANY DAMAGES OR INJURY CAUSED BY (INCLUDING BUT NOT LIMITED TO) YOUR RELIANCE ON INFORMATION CONTAINED IN THIS SITE, YOUR ACCESS TO, OR USE OF, THIS SITE, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, INCOME, GOODWILL, CONTRACTS, BUSINESS INTERRUPTION, LOSS OR DAMAGE OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, ANY DETERIORATION OR INFECTION BY VIRUSES OR BY MALICIOUS CODES OR OTHERWISE, OR ANY OTHER LOSS, FINANCIALOR NOT, OR DAMAGE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH, THE USE OF, ACCESS TO COMPUTER INSTRUSION, SECURITY FAILURE, OR THE INABILITY TO USE THIS SITE OR THE INFORMATION CONTAINED HEREIN, EVEN IF BOMBARDIER (OR ANY THIRD PARTY POSTING INFORMATION ON THIS SITE) HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Site at your own risk, you agree to indemnify BOMBARDIER for any and all claims, damages, losses, liabilities and causes of action (including legal expenses) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for violation of their rights), or for any information or data that is provided by you, or through a misuse of your User Name and Password. BOMBARDIER will inform you promptly, by registered letter or e-mail, of such claim, damage, or cause of action and you agree to cooperate as fully as reasonably required in the defense of any claim. BOMBARDIER reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
None of the subsidiaries of BOMBARDIER shall be liable or in any way responsible for the content of this Site.
You hereby acknowledge and agree that the Site may contain advertising and/or links that may give you access to a non-BOMBARDIER site. Advertising and links are provided for your convenience only and you may access them at your own risk. Furthermore, please understand that these sites are independent from BOMBARDIER, and that BOMBARDIER has no control over the content of such sites, does not give any Warranty with respect to such sites, and the provision of the link does not constitute an endorsement by BOMBARDIER of these other sites. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by BOMBARDIER of that third party or of any product or service by a third party.
In the event of any breach of this Agreement, BOMBARDIER may suspend and/or terminate automatically, in whole or in part, your access to and use of the Site with or without notice. Furthermore, since the damages may be insufficient to protect and compensate BOMBARDIER in the event of any breach of this Agreement, you hereby agree that BOMBARDIER shall be entitled to obtain, in addition, from any competent court and to the extent permitted by applicable law, preliminary injunctive relief and other equitable and legal remedies against in connection with the enforcement of this Agreement.
All press releases on the Site provided by BOMBARDIER are provided for informational purposes only. BOMBARDIER does not warrant the accuracy, reliability or completeness of such press releases after the date of posting.
All other investor relations information on the Site provided by BOMBARDIER is provided for informational purposes only. We do not warrant the accuracy, reliability or completeness of such information after the date of posting.
This Site includes forward-looking statements. Forward-looking statements generally can be identified by the use of forward-lookingterminology such as "may", "will", “expect”, “intend”, “anticipate”, “plan”, “foresee”, “believe” or “continue” or the negatives of these terms or variations thereon or similar terminology. By their nature, forward-looking statements require BOMBARDIER to make assumptions and are subject to important known and unknown risks and uncertainties, which may cause BOMBARDIER’s actual results in future periods to differ materially from forecasted results. While BOMBARDIER considers its assumptions to be reasonable and appropriate based on current information available, there is a risk that they may not be accurate. For additional information with respect to the assumptions underlying the forward-looking statements herein, please refer to the sections on BOMBARDIER’s aerospace segment and BOMBARDIER’s transportation segment in the Management’s Discussion and Analysis of BOMBARDIER’s Annual Report.
Certain factors that could cause actual results to differ materially from those anticipated in the forward-looking statements include risks associated with general economic conditions, risks associated with BOMBARDIER’s business environment (such as the financial condition of the airline industry, government policies and priorities and competition from other businesses), operational risks (such as regulatory risks and dependence on key personnel, risks associated with doing business with partners, risks involved with developing new products and services, Warranty and casualty claim losses, legal risks from legal proceedings, risks relating to the Corporation’s dependence on certain key customers and key suppliers, risks resulting from fixed term commitments, human resource risk and environmental risk), financing risks (such as risks resulting from reliance on government support, risks relating to financing support provided on behalf of certain customers, risks relating to liquidity and access to capital markets, risks relating to the terms of certain restrictive debt covenants and market risks, including currency, interest rate and commodity pricing risk). For more details, see the heading entitled “Risks and Uncertainties” in the Management’s Discussion and Analysis of BOMBARDIER’s Annual Report. Readers are cautioned that the foregoing list of factors that may affect future growth, results and performance is not exhaustive and undue reliance should not be placed thereon. The forward-looking statements set forth herein reflect BOMBARDIER’s expectations as at the date hereof and are subject to change after such date. Unless otherwise required by applicable securities laws, BOMBARDIER expressly disclaims any intention, and assumes no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
The Parts, and your use of them, are subject to laws, restrictions, and regulations of the United States, Canada, and other jurisdictions that (A) govern the import, export, and use of the Parts; and (B) may prohibit us from providing the Parts to you without notice. By using the Parts, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Parts by the laws of any jurisdiction.
BOMBARDIER shall have the right, from time to time, to add or remove any terms or conditions of this Agreement. Any revision to this Agreement shall be posted on this Site. Accordingly, you agree to periodically check the revisions made, to read them before using the Site and accept that any subsequent use of this Site after changes are posted means that you agree to be legally bound by this Agreement as updated and or amended.
This Agreement is governed by and shall be construed in accordance with the laws of the province of Québec without giving effect to any principles of conflicts of law. The parties have designated the District of Montréal, Province of Québec, as the jurisdiction for any litigation arising in connection herewith. If any provision of this Agreement is unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions. This Agreement [and BOMBARDIER privacy policy] constitute the entire agreement between the parties relating to the terms and conditions of use of this Site.
Please note that both the English and French versions of this Agreement have equal legal value.
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