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INNIO Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (“SITE”) ON WHICH THESE TERMS ARE POSTED. BY USING THIS SITE, USER ACCEPTS THESE TERMS OF USE.

1. This Site is operated and administered by INNIO Jenbacher GmbH & Co OG, registered in the Commercial Register Innsbruck, Austria under the number 239923d (hereafter referred to as “INNIO”), although software, hosting and other functions and content may be provided by INNIO’s service providers (hereinafter “Service Providers”) or INNIO Affiliates (hereinafter “Affiliates”), which means any entity, including without limitation, any individual, corporation, company, partnership, limited liability company or group, that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with of the INNIO Jenbacher GmbH & Co OG. Service Providers and Affiliates are intended third-party beneficiaries of these Terms of Use. This Site is not directed to or intended for individuals under 18 years of age.

2. Changes in Terms. INNIO may change these Terms of Use from time to time at its sole discretion and without notice. The continued use of the Site by an individual (“User”) after any change constitutes User’s acceptance of the change to the Terms of Use. If User does not agree to accept these or any future change to the Terms of Use, please do not view or download any content from the Site.

3. Changes in Site. INNIO may terminate, remove, modify, change, suspend or discontinue any aspect of the Site, including the availability of any features or content, which it controls. In particular, INNIO may further limit access to or change security procedures for any Site content without liability; or change the type or location of INNIO equipment, facilities or software used in providing access to or implementing security procedures for the Site.

4. Privacy Notice. Please read INNIO’S Privacy Notice, incorporated into these Terms of Use by this reference, for a description of INNIO’s Site privacy practices and policies.

5. Proprietary Rights. INNIO respects the proprietary rights of others, and expects Users to do the same. Unless INNIO specifically agrees otherwise, the following terms apply to all activity by User on the Site.

(a) Confidentiality. The following restrictions apply to use of material on the Site: (i) if any information is marked “Proprietary” or “Confidential” or words of like restrictive language, User will hold such information in confidence, use it exclusively in connection with the activities for which User is authorized on the Site, and not disclose any part of such information to others; (ii) if any information contains restrictions on use or disclosure, User will comply with the restrictions; and (iii) User will keep all restrictive language intact in all copies where INNIO’s written permission is provided. User further agrees not to download, copy, or extract through electronic means or otherwise, any data or data fields from this Site, including but not limited to personally identifiable information of any other User of the Site, or the names of customers, business partners or Service Providers of INNIO or its Affiliates.

(b) Copyrights. INNIO and its Service Providers, Affiliates and Business Partners each reserve copyrights in all content that each provides to the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their coordination, selection and arrangement. User may not prepare derivative works based upon such content, nor may such content be modified, copied, distributed, framed, reproduced, downloaded, displayed, transmitted, or sold in any form or by any means, in whole or in part, without prior written consent of the copyright owner. No such activity may be competitive with or derogatory to INNIO or its Service Providers and Affiliates. All copyright or other proprietary notices must be kept intact. Any copyright owner consent may be revoked at any time, and the scope of any such consent is limited to that expressed in writing. User further agrees not to extract or collect through electronic means or otherwise, any data or data fields from this Site, including but not limited to personally identifiable information of any other User of the Site, or the names of customers, Service Providers or business partners of INNIO or its Affiliates.

(c) Trademarks. No rights to use of any trademark, service mark, certification mark, collective mark, company or product names, or trade dress (collectively “Trademarks”) owned by INNIO, its Affiliates or their Service Providers or business partners are given in these Terms of Use.

(d) Patents and Trade Secrets. Some products and processes described on the Site may be covered by, or may be subject to, one or more patents, trade secrets and other proprietary rights. All such rights are reserved.

(e) Software. Any software and any images or other output generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through the Site may be used solely for accessing and using the Site for purposes expressly stated on the Site or in an applicable written document, provided that such use is not competitive with or derogatory to INNIO or its Service Providers, Affiliates or Business Partners. No further rights are granted under these Terms of Use. User agrees not to copy, transmit, distribute, modify, decompile, reverse engineer, disassemble or create derivative works based upon any Software accessible via this Site.

(f) License. Except as otherwise provided in our Privacy Notice, in Supplemental Terms of Use posted on the Site, or in a separate contract, User agrees that any proprietary information that User transmits to anyone through the Site or otherwise posts on the Site, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase orders, quotes, performance data, account information, or other material, data or information (collectively, “Information”), need not be handled as confidential by INNIO or its Affiliates, and User further agrees that upon such transmission User grants to INNIO and its Affiliates an irrevocable, non‑exclusive, royalty‑free, sublicensable, worldwide license (including but not limited to a copyright license) to prepare derivative works, use, copy, distribute, display, and publicly perform such Information and derivative works thereof for any purpose.

6. User Conduct - Security. In using any part of the Site, User agrees not to:
(a) test vulnerability of, circumvent, violate, or otherwise interfere with any security measures of any part of the Site or networks accessible through the Site or affiliated or linked websites;

(b) disrupt or interfere with normal operation, navigation, or another’s enjoyment of the Site or affiliated or linked websites;

(c) upload, post, or otherwise transmit to or through or on any part of the Site any viruses, spyware, adware, spam, unsolicited transmissions, or other harmful, disruptive or destructive code;

(d) attempt to use a false identity or otherwise misrepresent User’s identity or affiliation, use any authorized automated means, or otherwise attempt or enable any unauthorized access to the Site;

(e) display any part of the Site or its content in a “frame” or any other way that could deprive INNIO of revenue or falsely suggest a relationship with INNIO or its Service Providers, Affiliates and Business Partners; or

(f) use the Site or its content to advertise or solicit for any other third party or otherwise attempt to compete with INNIO or its Service Providers, Affiliates and Business Partners, including collection or use of information directed to product offerings, prices, sales, or customer list; maintain a link to the Site from any commercial website without express written authorization of INNIO; or use the Site in a way that violates applicable local, state, national or international law.

Access to this Site may be monitored for compliance with the Terms of Use, and use of this Site constitutes consent to such monitoring.

7. User Conduct - Online Communities and Other Interactive Areas. The Site may contain areas where User may post and share comments with other Users on a variety of subjects. User agrees not to post or otherwise disseminate on or through any of the Site unlawful, harassing, libelous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials that (a) infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right; (b) could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or (c) are otherwise objectionable, including but not limited to content that evidences bigotry, racism, sexism, or hatred, or that promotes or conveys information about illegal activities or harm against anyone. By use of this Site, User agrees to defend, indemnify, and hold harmless INNIO and its Affiliates, Service Providers and Business Partners and its officers, directors, employees and agents, from and against any claims, actions or demands (including but not limited to reasonable legal fees, accounting fees, court costs, damages, losses, and liabilities) arising or resulting from User’s use (including but not limited to communications to or through the Site, chats, downloads from Site, posts or uploads to the Site, comments, etc.) of the Site and any violation of the Terms of Use. INNIO reserves the right to remove any content it deems objectionable. User agrees to hold harmless INNIO and its Affiliates from all claims based upon communications made or materials posted by the User or the use of the Site.

8. Termination. INNIO reserves the right to terminate the account of or otherwise deny access to the Site to Users that INNIO suspects to violate any of the Terms of Use, or if INNIO is unable to verify or authenticate any information that User submits to the Site.

9. Links and Third-Party Content.
(a) Links to Other Websites. The Site may from time to time contain links to third-party websites or other Internet information sources (“Third-Party Sources”) that are not necessarily reviewed or examined by INNIO such that INNIO is not responsible for their content, availability, policies or practices, or additional links contained therein. These links are provided as a convenience and do not constitute an approval, sponsorship or recommendation by INNIO of, or responsibility for, the third parties or the linked Third-Party Sources or any content, services or products available on or through such Third-Party Sources. Each Third-Party Source may have its owns terms of use and privacy policy that User must consent to when such Third-Party Source is in use.

(b) Links from Other Websites. All links to any Third-Party Source must be approved in writing by INNIO. Upon written permission, approval is granted provided: (i) such links by any Third-Party Sources, when activated by a User, display the Site in a fully operable and navigable browser window and not within a “frame”; and (ii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by INNIO or its Affiliates nor be such as to damage or dilute the goodwill associated with the name and trademarks of INNIO or its Affiliates. INNIO reserves the right to revoke this consent to link at any time in its sole discretion.

(c) Third-Party Content. Neither INNIO nor its Affiliates shall have any liability whatsoever for any material, data, or information provided or offered by third parties, including advertisements and postings in online community discussions.

10. Disclaimers. Unless INNIO or one of its Affiliates agrees otherwise in a separate writing, the following terms apply to all activity on the Site:

(a) THE SITE, ITS CONTENT AND AVAILABILITY OF LISTED PARTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, SUCH THAT ITS USE IS AT USER’S SOLE RISK.

(b) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INNIO AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER EXPRESSLY AGREES THAT USE OF ANY SITE WILL NOT EXPAND INNIO’S LIABILITY BEYOND THE LIMITS OF ANY CONTRACT UNDER WHICH ACCESS HAS BEEN GRANTED. USER UNDERSTANDS AND AGREES THAT INNIO IS NOT RESPONSIBLE FOR ANY DAMAGE TO USER’S BUSINESS OR COMPUTER SYSTEM, LOSS OF DATA OR MISDELIVERIES THAT RESULT FROM USE OF THE SITE, OR DOWNLOAD OF ANY CONTENT, DATA AND/OR SOFTWARE FROM THE SITE. INNIO ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, COMPATIBILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE THROUGH THE SITE. INNIO AND ITS AFFILIATES DO NOT MAKE ANY WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET USER REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN AN APPLICABLE WRITTEN CONTRACT.

(d) THE SITE, SITE CONTENTS (INCLUDING SPECIFICATIONS FOR PRODUCTS AND SERVICES), SITE CONFIGURATION, AND PROCESSING ARE SUBJECT TO CHANGE WITHOUT NOTICE.

11. Except for cases involving willful misconduct or fraud, liability for defect as to quality or title of information, software and documentation especially in relation to the correctness or absence of defect or the absence of claims or third party right or in relation to completeness and/or fitness for purpose is excluded. INNIO makes every endeavor to keep Site free from viruses and similar. But INNIO cannot guarantee that Site is virus-free. For its own protection, User shall ensure appropriate security measures and shall utilize virus scanner before downloading.

12. THE PROVISIONS OF SECTIONS 10 AND 11 SHALL ALSO APPLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO PROTECT INNIO AND ITS AFFILIATES, SERVICE PROVIDERS, AND BUSINESS PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THEM, WHO ARE THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT FOR THIS PURPOSE.

13. General.

(a) Compliance with Export Control Laws. All transactions and other use of or activity on the Site shall at all times be subject to compliance with all applicable local, state, national and international laws and regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of Austria, the European Union and of the United States of America. User hereby agrees that it shall not make any disposition by way of transshipment, re‑export, diversion or otherwise, of technical information (including but not limited to technical data and software) made available on or through the Site, or the direct product thereof, other than as permitted by applicable export control laws and regulations. All obligations in this paragraph survive any termination of site access, and discharge of any other contract obligations.

(b) Applicable Law. These Terms of Use, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to these Terms of Use, or the negotiation, execution or performance of this Terms of Use (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Terms of Use or as an inducement to accept this Terms of Use), shall be governed by, construed, and enforced in accordance with, the laws of the country of Austria, without giving effect to its conflict of law provisions. The application of the United Nations Convention on Contracts for International Sales of Goods (CISG) is excluded. User agrees to submit to the personal and exclusive jurisdiction of the country of Austria for any disputes arising from or related to any Site or these Terms.

(c) English Language. The parties agree that there shall be no requirement to translate any of the Site, or any portion thereof or content thereon, into any other language other than the one in which such appears.

(d) Enforceability. These Terms of Use are not intended to alter the terms or conditions of any other agreement User may have with INNIO or its Affiliates to the extent that those agreements govern issues other than User’s use of any of the Site; nor alter any agreements that INNIO or its Affiliates may have with its Service Providers or business partners. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, that provision shall be deemed severable from the Terms of Use and shall not affect the validity or enforceability of the remaining provisions.

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