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Attention: Please Read These Terms, Conditions And Legal
Restrictions Carefully Before Using This Web Site. By accessing,
viewing, using, or downloading materials from the Site, you
agree to be legally bound by these Terms of Use (the "Agreement")
and all other terms, conditions and notices contained or referenced
in the Site. This Site is owned and operated by Overwatch
Systems, LTD. (the "Company".)
Definitions
"Company" means Overwatch Systems, LTD.
"Site" means this web site.
See the Legal Entity Disclaimer below for additional terms
and definitions.
1. Binding Agreement
Use of this Site is available only to those users who are
in compliance and agreement with these terms and conditions
of use as well as the other terms and conditions referenced
elsewhere on this Site. Please note that by accessing, viewing,
using, or downloading materials from the Site, you agree to
be legally bound by all of the terms, conditions and notices
contained or referenced herein.
2. License and Site Access
Subject to these terms and conditions and all applicable laws
and regulations, the Company grants you a non-exclusive, non-transferable,
personal, limited license to download, access, view, use and
display this Site and the text, graphics, content, information,
audio, video and other services (the "Materials"),
which the Company makes available to you from time to time
on the terms and conditions set forth in this Agreement. This
authorization is not a transfer of title to the Site or the
Materials contained herein, and any downloading, modification,
reproduction, copying or redistribution for commercial purposes
of any information or Materials or design elements of the
Site is strictly prohibited without the prior written consent
of the Company. Requests for permission to reproduce any information
contained on this Site should be addressed to the Company
at inquiry@systems.textron.com.
Notwithstanding the above, the Company authorizes you to make
one (1) electronic or paper copy of the information posted
on any page of the Site, provided that the copy is used solely
for non-commercial, personal purposes, and further provided
that any such copy remains protected by all copyright, trademarks,
Site marks, and other proprietary notices and legends contained
on the Site.
This license does not include the right to modify this Site,
or any portion of it, except with the express written consent
of the Company. Any resale or commercial use of this Site
or its contents; any collection and use of any product or
service listings, descriptions, or prices; any derivative
use of this Site or its contents; any downloading or copying
of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering
and extraction rules is prohibited.
You agree to all additional restrictions displayed on the
Site as it may be updated from time to time. You agree to
use this Site for lawful purposes only, and shall not post
or transmit any information or material which in any way infringes
or violates the rights of others or which is unlawful, defamatory,
threatening, invasive of privacy or publicity, obscene, harassing
or otherwise objectionable.
The Company reserves the right, at its sole discretion, to
pursue all of its legal remedies, including but not limited
to prosecution of users in violation of these terms and conditions.
3. Ownership
You have no ownership rights in the Site or in the Materials.
Rather, you have a license to download, access, view, use
and display this Site and the Materials as long as this Agreement
remains in full force and effect. Unless otherwise noted,
ownership of the Site and the Materials and all intellectual
property rights therein shall remain at all times with the
Company or their respective owners.
4. Your Account and Registered Users
You may be required to register in order to access the Site
or certain portions of the Site. If the Site or certain portions
of the site require you to register, you must complete the
registration process by providing the Company with current,
complete and accurate information about yourself as prompted
by the applicable registration form.
If you are required to register in order to access the Site
or certain portions of the Site, you may be provided with,
or you may choose, a password and a user name. If you are
a registered user of this Site, you are responsible for maintaining
the confidentiality of your account and password. If you use
this Site, you are responsible for restricting access to your
computer, and you agree to accept responsibility for all activities
that occur under your account or password. You agree to notify
the Company immediately of any unauthorized use of your account
or any other breach of security. The Company reserves the
right to refuse service, terminate accounts, or remove or
edit content in its sole discretion.
5. Security
In addition to the issuance of a password for registered users,
the Company maintains numerous security standards and procedures
to help prevent unauthorized access to any confidential information
about you which may be collected by us or submitted by you.
You may learn more about the Company's security procedures
and the Company's privacy practices by viewing our privacy
policy.
6. Legal Entity Disclaimer
The terms and descriptions contained in this site are not
intended to alter or otherwise affect the independent legal
entity status of Overwatch Systems, LTD. Overwatch Systems,
LTD. is an indirect wholly owned subsidiary of Textron Inc.
7. General Disclaimer and Indemnity
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK. THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS
AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED "AS
IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR
PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED
WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES.
THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS
SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY
ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED
OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE
OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT,
ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT
YOUR SOLE RISK.
THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY
OF THE MATERIALS. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER
HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING
OF THE SITE (INCLUDING ANY BULLETIN BOARD OR CHAT ROOM) OR
YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES
AND TYPOGRAPHICAL ERRORS. THE COMPANY RESERVES THE RIGHT,
IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS
IN ANY PORTION OF THE SITE. THE COMPANY MAY MAKE ANY OTHER
CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS,
SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME
WITHOUT NOTICE.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY
AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES,
DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED
IN PROVIDING THE SITE, FROM AND AGAINST ANY AND ALL CLAIMS,
SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE
ATTORNEYS FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM USE
OF THE SITE OR THE MATERIAL, BREACH OF THESE TERMS OF USE
AND/OR YOUR SUBMISSIONS TO THE SITE.
8. Links to Affiliate or Third-Party Sites
The Company may provide on this Site, solely as a convenience
to its users, links to web sites operated by our affiliates
or other entities. If you use these sites, you will leave
this Site. If you decide to visit any linked site, you do
so at your own risk and it is your responsibility to take
all protective measures to guard against viruses or other
destructive elements. The Company does not make any warranty
or representation regarding, or endorse or otherwise sponsor,
any linked web sites or the information appearing thereon
or any of the products or services described thereon. Links
do not imply that the Company is affiliated or associated
with the linked site, or is legally authorized to use any
trademark, trade name, logo or copyright symbol displayed
in or accessible through the links; or that any linked site
is affiliated or associated with the Company or is authorized
to use any trademark, trade name, logo or copyright symbol
of the Company.
9. Third-Party Content
Any information, statements, opinions, services or other information
provided by third parties and made available on this Site
are those of the respective author(s) and not the Company.
Such information and the like may be updated from time to
time directly by the respective authors. The disclaimer set
forth above applies regardless of the updating party.
10. Deep Linking and Framing
You are prohibited from reproducing or "framing"
pages or content provided by the Company or its affiliates.
Subject to the provisions of paragraph 10, you may link to
internal pages within this Site, provided that you do not
copy or frame the content found there.
In no case does the Company approve any links which, by their
appearance, content, position or otherwise, create the false
impression that the Company sponsors, endorses or is associated
with the entity operating any third-party site ("the
External Site") or the products or services offered by
the External Site operator. In no case does the Company approve
any links which the Company believes damages or impairs the
goodwill associated with the name, logos, trademarks, service
marks, copyrights or tradenames of the Company or any of its
affiliates. The Company reserves the right to revoke its approval
to link or change terms or conditions of its approval to link
at any time in its sole discretion.
11. Children
Because of the nature of the Company's business, and its products
and services, this Site is not intended for use by minors
and the Company does not knowingly attempt to solicit or receive
any information from children. These terms and conditions
of use require that use of this Site, or any registration
that might be required to access this Site or portions of
this Site, or to purchase or license products or services,
may only be made by those over the age of 18 and that any
products or services purchased or licensed may only be done
by those over the age of 18. By using this Site, you are representing
that you are an adult (at least 18 years of age) or have the
permission of a parent or legal guardian to use the Site.
12. Unsolicited Information Provided by You
The Company does not want you to, and you should not, send
any confidential or proprietary information to the Company
through this Site unless specifically requested by the Company.
Please note that any unsolicited information or material sent
to the Company will be deemed not to be confidential or proprietary.
By submitting information and material to this Site, you grant
to the Company (or warrant that the owner of such information
and material has expressly granted to the Company) a royalty-free,
perpetual, irrevocable, unrestricted, right and license to
use, reproduce, display, perform, modify, adapt, publish,
translate, transmit and distribute or otherwise make available
to others such information and material (in whole or in part
and for any purpose) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or
hereafter developed. You also agree that the Company is free
to use any ideas, concepts, know-how or techniques that you
send to either of them for any purpose.
The Company does not want to receive, and you are deemed to
agree through the use of this Site not to provide, any information
or materials to the Company that are defamatory, threatening,
obscene, harassing, in violation of any law, governmental
requirements or otherwise unlawful, or that incorporate the
proprietary information or materials of another person or
entity. If you provide any such information, it is agreed
that you are solely responsible and liable for any damages
or other harm resulting from such submission.
You shall not upload, post or otherwise make available on
this Site any information and material protected by copyright,
trademark or other proprietary right without the express written
permission of the owner of such right(s). You shall be solely
liable for any damages resulting from any infringement of
copyright, proprietary rights, or any other harm resulting
from such a submission.
13. Notice of Copyright Infringement
We respect the intellectual property of others, and we ask
our users to do the same. To the extent that you have provided
any work and if you believe that your work has been copied
and is accessible on this Site in a way that constitutes copyright
infringement, please provide the Copyright Agent (as identified
below) with the following information:
(a) identification of the copyrighted work claimed to have
been infringed;
(b) identification
of the allegedly infringing material on the Site that is requested
to be removed;
(c) your name, address
and daytime telephone number, and an e-mail address if available,
so that the Company may contact you if necessary;
(d) a statement that
you have a good faith belief that use of the copyrighted work
is not authorized by the copyright owner, its agent or the
law;
(e) a statement that
the information in the notification is accurate and, under
penalty of perjury, that the signatory is authorized to act
on behalf of the owner of an exclusive copyright right that
is allegedly infringed; and
(f) an electronic or
physical signature of the copyright owner or someone authorized
on the owner's behalf to assert infringement of copyright
and to submit the statement.
The Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached at inquiry@systems.textron.com.
If the Company is notified of any claims of copyright infringement
on the Site, it may investigate the allegation and determine
in good faith and at its sole discretion whether to remove
or request the removal of the work or material. The Company
has no liability or responsibility to users for performance
or nonperformance of such activities.
14. Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU
ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS
OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS
AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST
THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE
ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUPPLIERS OR
OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE
OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA)
ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR
THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB
SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY
OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED
BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION;
LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT;
DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION
LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY,
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT THE COMPANY WAS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY
FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD
PARTY.
15. Purchase or License of Products or Services
The software and information contained herein are proprietary
to, and comprise valuable trade secrets of, Overwatch Systems,
Ltd., which intends to preserve as trade secrets such software
and information. This software is furnished pursuant to a
written license agreement and may be used, copied, transmitted,
and stored only in accordance with the terms of such license
and with the inclusion of the above copyright notice. This
software and information or any other copies thereof may not
be provided or otherwise made available to any other person.
This computer software and information is distributed with
"restricted rights." Use, duplication, or disclosure
by the Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013. The Contractor
is Overwatch Systems, Ltd.
If the purchase or licensing of products
or services is available on this Site and you seek to make
a purchase or establish a license through this Site, the obligations
and responsibilities of the Company regarding its products
and services, if any, are governed solely by the terms and
conditions of sale or license under which such products and
services are sold or licensed. Copies of such terms and conditions
are available directly from the Company.
16. Changes
All content contained herein is subject to change without
notice, but the Company has no responsibility to update any
information on this Site. The Company reserves the right to
change or modify the terms and conditions applicable to the
use of this Site at any time. Such changes, modifications,
additions, or deletions to the terms and conditions of use
shall be effective immediately upon notice thereof, which
may be given by any means including, but not limited to, posting
new terms and conditions on the Site. Any use of the Site
after such change or modification shall be deemed to constitute
acceptance by you of such changes, modifications, additions,
or deletions. Because they will be binding on you, you should
revisit these terms from time to time. The Company may terminate,
change, suspend or discontinue any aspect of the Site, including
the availability of any features of the Site, at any time.
The Company may also impose limits on certain features and
services or restrict your access to parts of the Site without
notice or liability.
17. Termination
This Agreement and the licenses granted herein will terminate
automatically and without notice if you fail to comply with
any term or condition of this Agreement; provided, however,
that all provisions relating to disclaimers, limitation of
liability, copyright, trademarks and other proprietary rights
of the Company shall survive the termination of this Agreement.
18. International Users and Export Restrictions
This Site is administered by the Company from its offices
(within the United States of America.) The Company does not
make any representation that all products, services or programs,
if any, are available in your country or that materials published
at this Site are appropriate or legally available for use
at locations outside of the United States. Access to such
materials from territories where their contents are illegal
is prohibited. You may not use the Site or transfer, download
or use any information or materials in violation of U. S.
laws and regulations, including those relating to export controls.
This Agreement is expressly made subject to any laws, regulations,
orders, or other restrictions on the export from the United
States of the Materials or information about the Materials
that may be imposed from time to time by the government of
the United States. You shall not export Materials or information
about the Materials without the consent of the Company and
compliance with such laws, regulations, orders or other restrictions.
If you access the Site from a location outside of the United
States, you are responsible for compliance with all local
laws. By your use of this Site, you represent and warrant
to the Company that you are in compliance with all laws applicable
to your use of this Site.
19. Choice of Law and Forum
These terms and conditions of use and any dispute between
you and the Company arising out of or related to this Agreement
or your use of this Site (the "Disputes") shall
be construed, interpreted and governed by the laws of the
State of Delaware, U.S.A., without giving effect to its conflict
of laws provisions. The state and federal courts located in
Delaware shall have primary and exclusive jurisdiction and
be the exclusive venue for the Disputes and you consent to
the personal and exclusive jurisdiction and venue of these
courts in connection with the Disputes. You must commence
any claim or cause of action that you may have with respect
to the Disputes by filing only in these courts within one
(1) year after the claim or cause of action arises. The Company
may file any claim or cause of action which it has within
the time limits established for such claim by the laws of
Delaware.
20. Entire Agreement
These terms and conditions shall constitute the entire agreement
between the Company and you and supersedes any previous oral,
written or electronic communications or documents with respect
to the subject matter herein. If any part of this Agreement
is found invalid or unenforceable by a court of competent
jurisdiction, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the parties,
and the remainder of this Agreement shall continue in full
force and effect.
21. Copyright
This Site, including all information and Materials contained
in it, are copyrighted and protected by worldwide copyright,
trademark and other laws and treaty provisions. You agree
to comply with all copyright, trademark and other laws worldwide
in your use of this Site and to prevent any copying, reproduction,
modification, distribution, displaying, performing or transmission
in violation thereof or of these terms and conditions. Except
as expressly provided in these terms and conditions, the Company
does not grant any express or implied license or third party
right to you under any patents, trademarks, copyrights or
trade secret information of the Company or of any third party.
22. Copyright Notice
All Web Site design, text, graphics and the selection and
arrangement thereof, are the property of the Company.
23. Trademark and Site Mark Rights
All rights in the product names, company names, trademarks,
trade names, Site marks, logos, product packaging and designs
of the Company or third party products or web sites ("Company
Marks"), whether or not appearing in large print or with
the trademark symbol, belong exclusively to the Company or
their respective owners and are protected under national and
international trademark and copyright laws. Users are not
permitted to use the Company Marks without the prior express
written consent of the owner of such mark.
24. Transfer Restrictions
You shall not sublicense, transfer or assign this Agreement
or any of the rights or licenses granted under this Agreement.
Any attempted transfer in violation of the foregoing is void.
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