User Terms and Conditions for Transportation University @RailConnect360
User's access of this system, or use of the password and Software shall constitute User's receipt of, understanding of, and agreement to be bound by the terms of this Agreement. The capitalized terms used herein shall have the same meaning as the Online Training Master Agreement ('Master Agreement') under which User's access to the Software and Training Materials covered by this Agreement is provided. In the event of a conflict in terms between the Master Agreement and this Agreement, the terms of the Master Agreement shall control.
User acknowledges and agrees that they are an employee or pre-approved consultant of a Licensee that has a valid Master Agreement controlling the use and access of the Software and Training Material. As such, User agrees to be personally obligated to the terms of the Master Agreement to the extent applicable.
General Electric Company, and its affiliates (hereinafter 'GE'), hereby grants to User, and User hereby agrees to accept, a license to use the Software and Training Materials under this Agreement. This limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license allows and permits User to use the Software and Training Materials only under the terms of this Agreement (and the controlling Master Agreement). In no event is any license or right granted in the source code for any Software of GE.
User may not distribute copies of the Software (or any personally issued password or access information) and Training Materials to others or electronically transfer the Software and Training Materials from one computer to another over a network. The User acknowledges that the Software and Training Materials contain trade secrets of GE. In order to protect such trade secrets, User may not decompile, reverse engineer, disassemble, or otherwise reduce the Products or the Software to a human-perceivable form. USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT OR OTHER PURPOSE, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR TRAINING MATERIALS OR ANY PART THEREOF. User acknowledges that the Software and Training Materials are protected by copyright, trade secret, and patent laws of the United States of America and by applicable international treaties. User will maintain all markings and legends indicating GE ownership on all provided materials.
Nothing herein shall be deemed to create an obligation on the part of GE to provide any support, upgrades or revisions to any Software and Training Materials, except as otherwise may be agreed in the Master Agreement.
No license is granted, by implication, estoppel, or otherwise, under any intellectual property right of the GE other than the licenses expressly granted to User in this Agreement.
All Software and Training Materials are proprietary to and shall remain the sole property of GE. All Software and Training Materials are provided to or disclosed to User in confidence, and shall neither (1) be used by User or be furnished by User to any other person, firm or corporation for the design or manufacture or repair of any products, articles, compositions of matter, or processes, nor (2) be permitted out of User's possession, or divulged to any other person, firm or corporation, nor (3) be used in the creation, manufacture, development, or derivation of any repairs, modifications, spare parts, designs or configuration changes, or to obtain any government or regulatory approval of any of the foregoing.
GE will endeavor to provide the Software and Training Materials to meet the specified requirements of User or, where no specification, then to an industry accepted standard. The Software and Training Materials and related information are provided 'AS IS,' and have not been evaluated or certified by any third party or government authorities. GE MAKES NO WARRANTIES OR CONDITIONS (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER OF THE SOFTWARE, TRAINING MATERIAL, DATA, OR ANY OTHER ASSOCIATED INFORMATION, OTHER THAN THOSE WARRANTIES CONTAINED IN THE APPLICABLE MASTER AGREEMENT, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.