GENERAL DYNAMICS ARMAMENT AND TECHNICAL PRODUCTS WEBSITE TERMS AND CONDITIONS

This website is owned and operated by General Dynamics Armament and Technical Products, Inc. (“GDATP”).  GDATP offers this website, including all information, software and services, as applicable and available from this website, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein (“Terms and Conditions”).  Please read these Terms and Conditions carefully as they contain the legal terms and conditions that you agree to when you use this website.  Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices.  If you choose to register on this website to gain access to and download images from the Image Galleries, you will be asked to check a box to expressly indicate that you have read and agree to be bound by these Terms and Conditions.

I.                   Purpose of the Site

This site is operated for the purpose of providing information on the diverse products and services offered by GDATP.  The materials on this site should not be regarded as an offer to sell, or a solicitation to buy, any products of GDATP.  We advertise and sell our products only in compliance with the laws of the particular jurisdictions in which they are sold.

II.                Your Use of the Site

With the exception of the Image Galleries, which may be used for commercial purposes as provided under these Terms and Conditions, this website is for your noncommercial and personal use, and may be used by you for informational purposes only.  As a condition to your continued use of the website, you agree that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions.

If you register on this site, you are responsible for maintaining the confidentiality of your user name and password, and you agree to accept responsibility for all activities that occur under your account.

III.             Use of Materials from the Site

This site and all of its contents (including but not limited to software, files, graphics, text and data) are the property of and owned by GDATP and/or its affiliates, suppliers or licensors and are protected by copyright, trademark and other laws of the United States and other countries.  With the exception of the Image Galleries, the use of which is governed by Section IV of these Terms and Conditions, you may use the materials contained on this site as follows:

A.                 Subject to these Terms and Conditions, you may display and electronically copy, download and print hard copy versions of the materials contained on the site, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you copy, download or print. 

B.                 When you display, copy, download or print any materials on or from the site, they are provided to you by GDATP and/or its affiliates, suppliers or licensors under a nonexclusive license that is revocable.  GDATP and/or its affiliates, suppliers or licensors retain full and complete title to the materials and to any and all of the associated intellectual property rights. 

C.                 Any other use of the materials on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials (including but not limited to software, files, graphics, text and data), information, products or services obtained from the site, without the prior written permission of GDATP, is expressly prohibited.  Requests for permission to undertake any of these activities should be mailed to:

General Dynamics Armament and Technical Products, Inc.
Four LakePointe Plaza
2118 Water Ridge Parkway
Charlotte, NC  28217

Attention:  Manager, Marketing Communications

IV.              Image Galleries

A.                 Image Galleries Registration

To access the Image Galleries, you must register on this website and indicate, by checking a box at the end of these Terms and Conditions, that you have read and agree to be bound by these Terms and Conditions.  To register, you must provide your contact information and tell us your intended use of the images from the Image Galleries.  By clicking “I agree” below, you represent and warrant that the information you provide in connection with the registration process and at all other times on this website is true, accurate, current and complete.  We will retain your contact information indefinitely and will keep a record of the images you view, copy or download from the Image Galleries.

You may register on this website to view, copy and download images from the Image Galleries as a commercial user or noncommercial user.  If you register as either a commercial or noncommercial user, you will be granted a non-exclusive, nontransferable, revocable license to use the images you copy or download from the Image Galleries as described below.  Commercial users will receive the images at a higher resolution; non-commercial users will receive the images at a lower resolution and with a GDATP watermark.

B.                 Use of Materials from the Image Galleries

When GDATP allows you to access the Image Galleries, it grants you a nonexclusive, nontransferable, revocable license to view, reproduce, download, display and distribute the images from the Image Galleries according to these Terms and Conditions.  If you choose to distribute copies of the images from the Image Galleries to third parties, you are required to keep a written log of such distribution (including the complete contact information of the relevant third parties, their anticipated uses of the images, and a list of the images provided) and you agree to provide us promptly with a true, accurate, current, complete and legible copy of the log should we request it.  Your use of the images from the Image Galleries is subject to these Terms and Conditions and limited to the following commercial and noncommercial purposes:

If you are registered as a commercial user, you may use the images:

(i)                 As part of trade show displays and related print materials;

(ii)                for marketing, advertising and promotional materials, including print 
        advertisements, mailers, handouts and product brochures (but not including
        any sublicensing);

(iii)               for news media production; and

(iv)               for subcontractor usage.

If you are registered as a noncommercial user, you may use the images:

(i)                 For noncommercial and personal informational and display purposes;

(ii)                for news media research;

(iii)               to respond to customer inquiries;

(iv)               for export control purposes; and

(v)                for educational and training purposes that comply with law (such as for 
        classroom handouts).

By clicking the “I agree” button below, you indicate that you understand and agree that we may, in our sole discretion, (i) monitor anything you view, copy or download from the Image Galleries, (ii) contact you to inquire about your use of the images from the Image Galleries, and (iii) terminate your account immediately if we believe, in our sole judgment, that your use of the Image Galleries or the images therefrom is in breach of these Terms and Conditions or is otherwise unlawful or inappropriate.

You also understand and agree that we may contact you at any time and by any means to direct you to cease and desist from displaying, downloading, copying, reproducing, distributing, storing or otherwise using in any manner any images you have copied or downloaded from the Image Galleries.  You agree to destroy the original and all copies of the relevant images in your possession, custody or control and you further agree, at our request, to sign a certificate or affidavit of destruction.

V.                 Accuracy, Completeness and Timeliness of Information on the Site

We are not responsible if information we make available on this site is not true, accurate, current or complete.  The materials on this site are provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information.  Any reliance on the materials on this site will be at your own risk.  This site may contain certain historical information.  Historical information necessarily is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time.  You agree that it is your responsibility to monitor changes to the site.

VI.              Materials You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and non-infringement of any such materials.  You may not upload to, distribute or otherwise publish through this site any content that is (i) libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable or inappropriate, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”  You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.  You may not upload commercial content onto the site.

If you do post content or submit material, and unless we indicate otherwise, you grant GDATP and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.  You grant GDATP and its affiliates the right to use the name you submit in connection with such content, if they so choose.  You represent and warrant that you own or otherwise control all of the rights to the content you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify GDATP and its affiliates for all claims resulting from content you supply.  GDATP has the right but not the obligation to monitor and edit or remove any activity or content.  GDATP takes no responsibility and assumes no liability for any content posted by you or any third party.

VII.           Disclaimers

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE AT ANY TIME (i) YOUR ACCESS TO THE SITE OR ANY FEATURE OR ANY PART THEREOF AND (ii) YOUR USE FOR ANY PURPOSE WHATSOEVER OF ANY IMAGES FROM OUR IMAGE GALLERIES.  GDATP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.  IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GDATP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.  GDATP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

VIII.        Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER GDATP NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY MATERIALS FROM THE SITE (INCLUDING IMAGES FROM OUR IMAGE GALLERIES) OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY INFORMATION, MATERIALS OR ELECTRONIC MAIL MESSAGES YOU SEND US.  THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.  THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS (INCLUDING IMAGES FROM OUR IMAGE GALLERIES) AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IX.              Indemnification

You agree to indemnify, defend and hold harmless GDATP and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions or any activity related to your account (including but not limited to negligent or wrongful conduct), by you or any other person accessing the site using your user name or password.  If you cause a technical disruption of the site (or any part thereof) or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

X.                 Featured Links

This website may contain hyperlinks to other internet sites.  These hyperlinks are provided for your information and convenience only.  GDATP does not control these other websites and is not responsible for their content; nor does GDATP’s inclusion of hyperlinks to such websites imply any endorsement or approval of the material on such websites or any association with their operators.  Check the URL address provided in your browser to determine whether you are still in this GDATP website or have moved to another site.

XI.              Intellectual Property Rights

This site features copyrights, trademarks, service marks and other proprietary materials that are the property of GDATP and/or its affiliates, suppliers or licensors.  The site also may include copyrights, trademarks, service marks and other proprietary materials that are the property of other third parties.  All of these copyrights, trademarks, service marks and other proprietary materials are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner, except as specifically provided in these Terms and Conditions.  This site and all of its contents including, but not limited to, text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

With the exception of the Image Galleries, the use of which is governed by Section IV of these Terms and Conditions, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit, or in any way exploit any copyrights, trademarks, service marks and other proprietary materials that are the property of GDATP and/or its affiliates, suppliers or licensors, except that you may copy, download and print materials from this site, provided you do not modify or delete any copyright, trademark, service mark or other proprietary notice that appears on the materials you copy, download or print.

XII.           Intellectual Property Rights of Others

We respect the intellectual property rights of others and request that our visitors do the same.  Pursuant to Section 512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, a copyright owner or its authorized agent may submit a notification for believed copyright infringement based on material that is residing on the GDATP network.

If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

General Dynamics Armament and Technical Products, Inc.
Four LakePointe Plaza
2118 Water Ridge Parkway
Charlotte, NC 28217
Attention:  Vice President and General Counsel

The notification must include ALL of the following:

1.   A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;

2.   a description of the copyrighted work you claim has been infringed;

3.   a description of where the material you claim is infringing is located on the site;

4.   your name, address, telephone number, email address and all other information reasonably sufficient to permit GDATP to contact you;

5.   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; and

6.   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 behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that content has been taken down improperly from the GDATP network or that access to material on the GDATP network was improperly disabled, you may send a counter-notification to the GDATP copyright agent identified above.  Such counter-notification must contain the following information:

1.   Your physical or electronic signature, or that of an authorized representative;

2.   a description of the material that you claim has been improperly removed or to which you believe access has been improperly disabled and the location at which the material appeared before it was removed or access was disabled;

3.   a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4.   your name, address and telephone number, and a statement that (i) you consent to the jurisdiction of the federal district court for the judicial district in which such address is located or, if your address is outside of the United States, to any judicial district in which GDATP may be found, and (ii) you will accept service of process from the claimant who provided GDATP’s designated agent with notification of the alleged infringement in accordance with the DMCA, or an agent of such person.

XIII.        Termination of Privileges

GDATP reserves the right to terminate your privilege of using all or any portion of this website, or any materials from the website, at any time and without prior notice to you if, in its sole judgment, you breach any of these Terms and Conditions, including all of your privileges and any accounts you may have established in connection with the website.

XIV.        Changes to These Terms and Conditions

GDATP reserves the right to make changes to these Terms and Conditions at any time by posting the revised Terms and Conditions on the site.  It is your responsibility to check periodically for any changes we may make to these Terms and Conditions.  By continuing to use the website, you are agreeing to all changes made by GDATP.

XV.           Jurisdiction

This website is controlled and operated by GDATP.  The laws of the State of Delaware and the United States of America govern these Terms and Conditions and your use of the site, and you irrevocably consent to the exclusive jurisdiction of the courts located in Delaware for any action to enforce these Terms and Conditions.  We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access.  This site has been designed to comply with the laws of the State of Delaware and the United States.  Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.  If any material on this site or your use of the site is contrary to the laws of the place where you are when you access it, then the site is not intended for you and we ask you not to use the site.  You may not use or export materials on this site in violation of United States export laws and regulations.  This website is not intended to subject GDATP to the laws or jurisdiction of any state, country or territory other than the State of Delaware and the United States of America.

XVI.        Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.  These Terms and Conditions constitute the entire agreement and understanding between you and GDATP with respect to use of the website, superseding all prior or contemporaneous communications.  A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

XVII.     How to Contact Us

If you have any questions or comments about these Terms and Conditions or this site, please click here or write us at:

General Dynamics Armament and Technical Products, Inc.
128 Lakeside Avenue

Burlington, VT  05401

Attention:  Communications