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.
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.
(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.
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.
9. Links and Third-Party Content.
(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.
(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.
(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.