PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY USING
THIS WEB SITE, YOU AGREE TO THE TERMS OF ITS USE.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT ACCESS OR USE THIS WEB
SITE, OR DOWNLOAD MATERIAL FROM IT.
Terms and Conditions of Use
Terms and Conditions of Fokker Services' Technical User Forum
General Terms and Standard Conditions
TERMS AND CONDITIONS OF USE
In these terms and conditions of use, the following terminology is used. When a
word is written with a capital letter, this indicates that the following
definition of the relevant word is referred to:
||The information presented on the Web Site. This information
includes, but is not limited to, text, figures, visual and audio material.
||Fokker Services B.V.
|Terms and Conditions of Use
||The present terms and conditions of use.
||The present web site.
Use of Web Site and Information:
This Web Site is for your personal and non-commercial use. You are not
permitted to alter, copy, distribute, make public, link with other web sites,
make available to third parties, and/or use for any other purposes than the
purposes mentioned in the last sentence of this paragraph, any Information
obtained through this Web Site. You are not permitted to use this Web Site for
wrongful acts and/or acts that are not permitted pursuant to these Terms and
Conditions of Use. With due observance of the above and with due observance of
these Terms and Conditions of Use, however, you are permitted either to copy
the Information insofar as technically necessary to be able to consult the Web
Site or to print the Information for personal, non-commercial use, as long as
you copy the copyright information unaltered.
Fokker Services periodically may update or revise the contents of this Web Site
or the legal notices and terms and conditions provided herein without prior
notice, and therefore you are advised to frequently consult the Web Site and
this Legal Notice to be informed of any changes. Access to certain Web Site
pages requires a login and password, and the use of these pages may be governed
by an agreement between you and Fokker Services, which must be construed
simultaneously with this Legal Notice.
This Web Site contains hyperlinks to web sites of third parties. These
hyperlinks are intended solely for your information and convenience. Fokker
Services is not in any way responsible for these web sites, or the information
made available thereon, and the fact that Fokker Services includes these
hyperlinks does not imply or represent that Fokker Services approves endorses,
authorises, sponsors, or monitors the content or accuracy of these web sites,
or its affiliated with the web site in any way. If a third party links to our
Web Site, it is not necessarily an indication of an endorsement, authorisation,
sponsorship, affiliation, joint venture, or partnership by or with Fokker
If this Web Site contains hyperlinks to web sites of subsidiaries of Fokker
Services or group companies of Stork N.V., the present Terms and Conditions of
Use shall also apply to the use of the web site of the relevant subsidiary or
group company. If other terms and conditions of use already apply to the use of
the web site of the relevant subsidiary or group company, those terms and
conditions shall prevail, and the present Terms and Conditions of Use shall
Entering messages on the Web Site, restricting access to the Web Site:
If this Web Site offers the possibility of leaving messages in any form
whatsoever which can be read/retrieved by third parties, these messages must
clearly and demonstrably concern or relate to the content of the Web Site and
may not be contrary to the public order and good morals, they may not be
offensive or otherwise scandalous or wrongful vis-à-vis third parties, they may
not infringe the rights of third parties, give rise to criminal or civil
litigation, and they may not contain any viruses or other harmful files. You
are aware that third parties can read your messages and that Fokker Services in
no way guarantees that these messages will be kept secret. Fokker Services may
at all times refuse, remove, or alter messages entered by you, and/or supply
these messages, if required, to government institutions, police, judicial or
Fokker Services may deny you access to the Web Site.
Information Supplied to Fokker Services is Not Confidential:
If you send information to Fokker Services through a hyperlink or through
Fokker Services' e-mail address, you thereby give Fokker Services irrevocable
permission to make this information public, if desired, and to use, process or
exploit this information in whatever way Fokker Services sees fit without being
obliged to pay compensation.
Warranty Disclaimer and Limitation of Liabilities:
This web site and all of the information it contains are provided "as is" and
without warranty of any kind, whether express or implied. Fokker Services
disclaims all warranties, express or implied, including but not limited to
implied warranties of merchantibility and fitness for a particular purpose.
Fokker Services takes all reasonable measures to prevent incorrect or
incomplete Information from appearing on this Web Site, but does not in any way
guarantee or warrant (neither explicitly nor implicitly) the accuracy or
completeness of the Information. Nor does Fokker Services guarantee or warrant
that this Web Site or the server supporting this Web Site is free of viruses or
other harmful programs. Fokker Services does not accept any liability with
regard to any kind of damages resulting from the non-availability of this
Use of this Web Site is at your own risk. Insofar as permitted by law, Fokker
Services does not accept any liability for injuries, expenses, losses, and/or
damages (including but not limited to direct damage, indirect damage,
consequential damage, loss of business, additional damage, incidental damage
and particular damage, damage to net assets, loss of electronic data, loss of
profit, losses inccured, loss of clients, or any other form of damage)
resulting in any way whatsoever from information appearing on this Web Site or
any other web site to which this Web Site is linked, or any use whatsoever of
this Web Site, unless and to the extent such damage is attributable to
intentional acts or omissions and/or intentional recklessness on the part of
Fokker Services and/or its management.
Copyright and Proprietary Information:
For the composition, appearance, images, and content of the Web Site, the
following applies: ©1999 Fokker Services, the Netherlands. All rights with
respect to this Web Site fully belong to Fokker Services and use of this Web
Site or parts thereof is strictly prohibited without prior written permission
of Fokker Services, unless determined explicitly otherwise in the Terms and
Conditions of Use. "Fokker" and "Stork" are registered trademarks and logos and
may not be used without the prior written permission of Fokker Services. This
Web Site and all information on this Web Site is subject to either the
intellectual or industrial property rights or licenses or other rights thereto
held by Fokker Services. Nothing contained herein shall be construed as
conferring by implication, estoppel, or otherwise any license to any patent,
trademark or other intellectual property right of Fokker Services or that of
any third party.
Entire Agreement and Jurisdictional Issues:
The terms and conditions herein constitute the entire agreement between you and
Fokker Services with respect to your use of this Web Site. The agreement formed
by your use of this Web Site and all disputes resulting therefrom, including
disputes regarded as such by only one party, shall exclusively be governed by
and construed in accordance with the laws of the Netherlands without giving
effect to any principles of conflicts of law, and shall exclusively be settled
by a court of competent jurisdiction in the district of Amsterdam, the
Netherlands. If any provision of these Terms and Conditions of Use is invalid,
void, or otherwise unenforceable, that provision is then deemed to be severable
from this agreement and replaced by a valid and enforceable condition
encompassing the original intention of the invalid, void or unenforceable
condition encompassing the original intention of the invalid, void, or
unenforceable provision as much as possible. All other provisions will remain
in effect and enforceable.
In all disputes resulting in any way from the use of this Web Site, including
disputes regarded as such by only one party, Fokker Services's records of the
use of the Web Site, Fokker Services's records of information on the Web Site,
Fokker Services's other records relating to the Web Site and Fokker Services 's
computer printouts will be admissible as evidence, and constitute conclusive
evidence of the facts therein.
Sales through the Web Site:
If the Web Site is also used for other purposes like the sale of goods and
services or as a bulletin board, the terms and conditions specially referred to
in relation thereto shall apply without having effect on the applicability of
the present Terms and Conditions of Use.
Year 2000 Readiness Disclosure:
Insofar as this Web Site contains Information related in any way to the
millennium problem (also known as the Y2k problem), this information is to be
regarded as a Year 2000 Readiness Disclosure as referred to in the Year 2000
Information and Readiness Disclosure Act, a law enacted in the United States on
19 October 1998, or as referred to in similar legislation elsewhere in the
TERMS AND CONDITIONS OF FOKKER SERVICES' TECHNICAL USER FORUM
1. Membership Requirements.
The decision to grant access to any person or organisation will be made by
Fokker Services, at its sole discretion. Access generally is limited to
operators of Fokker-type aircraft who require technical support and related
services, including In-Service Monitoring, Material Support, and Training and
Technical Support. The forum is not intended to act as a substitute for the
written documentation provided by Fokker Services in the resolution of
technical and support issues.
2. Changed Terms.
Fokker Services periodically may update or revise the contents of the User
Forum or the legal notices and terms and conditions provided herein without
prior notice, and therefore you are advised to frequently consult the User
Forum and this Legal Notice to be informed of any changes.
Fokker Services may deny or terminate access to the forum and or the Web Site
of Fokker Services at any time and for any reason. Customer may terminate
access to the forum and or the Web Site of Fokker Services at any time and for
any reason. The provisions regarding Confidentiality, Copyright and License of
Service Content, Limitation of Liability, Indemnification, and Disclaimer of
Warranty, however, shall survive. Fokker Services specifically reserves the
right to seek equitable relief, monetary and all other available remedies and
damages for customer's violation of any of these terms and conditions.
4. Copyright and License of Service Content.
The entire contents of the forum are copyrighted as a collective work under
national and international copyright laws. Except as expressly provided below,
customer agrees not to copy, redistribute, or publish any part of the forum.
Customer may download material from the forum for personal and non commercial
(for information only) use, provided that customer maintains all copyright,
legends, logos, brandnames and other notices contained in such material.
Customer may not (a) redistribute that material over any network (including any
local area network), (b) disclose that material to any third parties, including
subsidiary and affiliated companies; (c) sell that material, or (d) offer for
sale that material. Customer may not post any downloaded material to any other
online service (including any bulletin board or the Internet) without the
express written permission of Fokker Services. Customer may make: (a) one
machine readable copy, (b) one backup copy, and (c) one print copy of any
material downloaded from the forum.
A customer who uploads any file or publishes any information through the forum
grants (and represents and warrants that customer is authorised to grant) to
Fokker Services, an exclusive, irrevocable, royalty-free license to edit, copy,
remove, publish, distribute, and create derivative works from such file or
information in any medium, whether now known or hereafter invented.
Customer agrees not to upload or otherwise publish any content that violates
any copyright or other third party rights or is libellous, defamatory, obscene,
abusive or offensive; or which contain any viruses, worms, "trojan horses" or
any other harmful properties.
5. Disclaimer of Warranty.
Fokker Services makes no warranties with respect to the forum and/or
information contained therein, including the accuracy of the information. In
this regard, customer agrees to rely only on the applicable approved Fokker
Services technical and service manuals. Although Fokker Services intends to
take reasonable steps to screen uploaded files for infection by viruses, worms,
trojan horses, or other code manifesting contaminating or destructive
properties before making such files available for customer downloading, Fokker
Services cannot and does not guarantee or warrant that such files will be free
of such properties. The entire risk as to the quality and performance of the
forum, the quality of any related services, the accuracy of any information, or
the quality of any software published on the forum is with the customer.
Fokker Services does not warrant that the functions or services performed by
the forum will be uninterrupted or error-free or that defects in the forum will
be corrected. The forum is provided on an "as is, as available" basis. Fokker
Services makes no warranties, express (except as expressly provided herein) or
implied, including, without limitation, those of merchantability and fitness
for a particular purpose, with respect to the forum, any information or
software published in connection with the forum, or any products or services
sold through the forum.
Under no circumstances shall Fokker Services have any liability under these
terms and conditions for consequential, exemplary, or incidental damages
(including, but not limited to, damages for lost profits, business
interruption, and loss of programs or information) even if Fokker Services has
been advised of the possibility of such damages.
6. Limitation of Liability.
Fokker Services shall not be responsible for any damages arising out of the use
of or inability to use the forum, or any information provided on the forum, or
for any claim attributable to errors, omissions, or other inaccuracies
published on the forum. In addition, with respect to questions, requests for
technical support, and other inquiries directed to Fokker Services by customer,
Fokker Services does not guarantee that it will respond within a particular
time period, or at all, except that Fokker Services will use reasonable efforts
to respond within a reasonable time period.
Customer agrees to indemnify, defend, and hold harmless Fokker Services, its
predecessors, successors, parent and subsidiary corporations, affiliates,
licensors, and their respective officers, directors, employees, and agents from
and agianst all losses, expenses, damages and costs, including reasonable
attorneys' fees, arising out of the use of the forum by customer, including but
not limited to these out of the infringements of intellectual property rights
of third parties.
Governing Law; Forum. These terms and conditions and the resolution of any
dispute arising hereunder shall all be governed and construed in accordance
with Dutch law, without regard to any jurisdiction's conflicts of law
principles. Any dispute shall be exclusively brought before the District Court
of Amsterdam, the Netherlands.
Confidentiality. Customer agrees to hold in strictest confidence any
information and material it receives in connection with the forum, or any
related service, or which is related to Fokker Services's business, or which is
designated as proprietary and confidential by Fokker Services. Customer agrees
to make use of the forum only in connection with sharing technical information
related to its internal business operations. Customer's obligations of
confidentiality under these terms and conditions shall survive after access to
the forum, and or the Web Site of Fokker Services has been denied and or
Entire terms and conditions. These terms and conditions constitutes the entire
terms and conditions of the parties on the subject matter of these terms and
conditions and supersedes all prior agreements and understandings related to
the forum. These terms and conditions, however, do not modify any existing
agreements between Parties or agreements or Parties may enter into subsequent
agreements hereto. All amendments must be in writing signed by both parties.
No Waiver. No waiver of any breach of these terms and conditions shall
constitute a waiver of a subsequent breach.
Attorneys' Fees. Fokker Services shall have the right to collect from customer
its reasonable expenses incurred in enforcing these terms and conditions,
including attorneys' fees.
Severability. If any provision of these terms and conditions is held invalid or
unenforceable by a court or agency of competent jurisdiction, the remaining
provisions shall nevertheless remain valid.
Notices. Fokker Services may deliver notices on the forum, by electronic mail
on the Internet or by written communication to the customer's registered
address. Customers may give notice to Fokker Services by electronic mail to the
Download the above Terms and Conditions:
You may download the above Terms and Conditions from this site in MS-Word
format by using the following hyperlink:
Download Terms and Conditions (44 kB)
GENERAL TERMS AND STANDARD CONDITIONS
You may download the 'General Terms and Standard Conditions' of Fokker Services
from this site in PDF format.
Download 'General Terms and Standard Conditions'
in PDF format (479 KB)