Terms and Conditions of Use
Terms and Conditions of Fokker Services' Technical User Forum
General Terms and Standard Conditions


  1. Terminology:
    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:
    Information: The information presented on the Web Site. This information includes, but is not limited to, text, figures, visual and audio material.
    Fokker Services: Fokker Services B.V.
    Terms and Conditions of Use The present terms and conditions of use.
    Web Site: The present web site.
  2. 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.
  3. Hyperlinks:
    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 Services.
    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 apply additionally.
  4. 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 similar institutions.
    Fokker Services may deny you access to the Web Site.
  5. 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.
  6. 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 website.
    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.
  7. 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.
  8. 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.
  9. Evidence:
    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.
  10. 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.
  11. 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 world.


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.

3. Termination.
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.

7. Indemnification.
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.

8. Miscellaneous.

  1. 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.
  2. 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 terminated.
  3. 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.
  4. No Waiver. No waiver of any breach of these terms and conditions shall constitute a waiver of a subsequent breach.
  5. 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.
  6. 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.
  7. 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 webmaster.

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