SITE TERMS
Welcome to www.CDAM.boeing.com - a website of The Boeing Company (the "Site"). These terms of use ("Site Terms") apply exclusively to your access to, and use of, the Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with The Boeing Company for other products or services, including copyright or trademark license agreements issued from this website.
The Boeing Company reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
If you have any question regarding the use of the Site, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to BoeingCDAM@boeing.com
Index of Provisions
Incorporated Policies
License and Site Access
Copyright
Copyright Complaints
Trademarks
Third-Party Content
Linking
Submissions
Export Restrictions
Financial Material Disclosure
Disclaimer
Limitation on Liability
Applicable Law
Termination
Severability
Incorporated Policies
Privacy Policy. The Boeing Company believes strongly in protecting user privacy and providing you notice of The Boeing Company’s collection and use data, including personally identifying information, collected from the Site. Therefore, The Boeing Company is has adopted a Privacy Policy that you should review in order to fully understand how The Boeing Company collects and uses information.
Terms of Licensing Transactions. All licensing transactions from the Site are governed by The Boeing Company’s Licensing Terms and Conditions. You should refer to our Licensing Terms and Conditions to learn more about our specific licensing terms. By licensing and/or accepting delivery of the Licensed Materials, you agree to be bound by these Terms of Licensing Transactions. The Licensing Terms and Conditions are subject to change without prior notice at any time, in The Boeing Company’s sole discretion, so you should review the Licensing Terms and Conditions each time you complete a licensing transaction. Additional information may be found in our Help Section.
License and Site Access
The Boeing Company grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of The Boeing Company or any third party.
You may not use, frame or utilize framing techniques to enclose any of The Boeing Company ’s trademarks, logos or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without The Boeing Company’s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a The Boeing Company name, trademark, or product name without The Boeing Company’s express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Copyright
All copyrighted and copyrightable materials on this Site, including, without limitation, The Boeing Company logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright ©2001-2019 The Boeing Company and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior licensed permission of The Boeing Company, as obtained through this site. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of The Boeing Company or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network, website, or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
Copyright Complaints
The Boeing Company respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide The Boeing Company’s copyright agent the following written information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Boeing Company’s Copyright Agent for notice of claims of copyright infringement on this Site is Wendy Manning, who can be reached as follows:
Wendy Manning
The Boeing Company
100 N. Riverside, M/C 5003-0982
Chicago, IL 60606-1596
Phone: 312-544-2936
wwwmail.boeing2@boeing.com
Trademarks and Service Marks
Boeing, McDonnell Douglas, McDonnell, Douglas, North American Aviation, their distinctive airplane liveries, logos, and product markings, and the products and services described in this Site (except those belonging to Boeing suppliers or licensors), are among the trademarks, service marks or registered trademarks owned by Boeing, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Boeing. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by Boeing, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Boeing. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use Boeing marks is subject to prior approval, and should be addressed to the Boeing Trademark Management Group at: trademarks@boeing.com.
Third-Party Content
This Site includes the ability to upload information, text, data and other material for the purpose of obtaining review and approval of a request for use of imagery to be included in a copyright license agreement. By using the upload function, you agree not to do any of the following:
• Upload to, distribute or otherwise publish to this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
• Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
• Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
• Distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
The Boeing Company takes no responsibility and assumes no liability for any Content uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity.
Enforcement
The Boeing Company has the right, but not the obligation, to monitor any activity and Content associated this Site. The Boeing Company may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. The Boeing Company reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect The Boeing Company’s systems and customers, or to ensure the integrity and operation of The Boeing Company’s business and systems, The Boeing Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. The Boeing Company’s right to disclose any such information shall govern over any terms of The Boeing Company’s Privacy Policy.
Responsibility for Your Conduct
You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site. You agree to indemnify and hold harmless The Boeing Company from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.
Linking
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray The Boeing Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use any trademark, logo or other proprietary graphic of The Boeing Company to link to this Site without the express written permission of The Boeing Company. This limited right may be revoked at any time.
Third-Party Links. The Boeing Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of The Boeing Company and The Boeing Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Boeing Company is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by The Boeing Company of the site or any information contained therein. When leaving The Boeing Company site, you should be aware that The Boeing Company’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to The Boeing Company, or uploads to this Site, are non-confidential (subject to The Boeing Company’s Privacy Policy) and may be utilized by The Boeing Company and its representatives to review your requests for use of licensed materials.
Export Restrictions [may be appropriate for software downloads]
Any software and all underlying information and technology downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Disclaimers
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. THE BOEING COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. THE BOEING COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE BOEING COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE THE BOEING COMPANY ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, THE BOEING COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Boeing Company reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The Boeing Company.
Limitation of Liability
IN NO EVENT SHALL THE BOEING COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BOEING COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE BOEING COMPANY’S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID THE BOEING COMPANY, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in the State of Washington, USA, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Termination
Notwithstanding any of these terms and conditions, The Boeing Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.