We’re excited about our new PanaSky Developer toolkit that will allow developers to create applications that run on our systems! We plan to make a beta version of the PanaSky Developer developer toolkit available in the near future (the “Beta Program”). For the Beta Program, we’re looking for some experienced and talented developers that wish to be considered as candidates for the Beta Program. This website (the “Site”) contains information about the planned PanaSky Developer toolkit and the Beta Program and allows interested developers to register as candidates for the Beta Program. We will only be accepting a limited number of candidates to become part of the Beta Program (selected applicants will be candidates to become our “Beta Program Partners”).
IMPORTANT: BY REGISTERING, YOU ARE NOT BECOMING A BETA PROGRAM PARTNER OR JOINING THE BETA PROGRAM. REGISTRATION ONLY MEANS THAT YOU MAY BE SELECTED AS A BETA PROGRAM PARTNER CANDIDATE.
In these Terms:
“us,” ”we,” “our” or similar refer to Panasonic Avionics Corporation.
“you,” “your” or similar refer to the person accessing the Site and/or registering to be considered as a potential Beta Program Partner candidate and, if applicable, the company, entity or organization for which you’re accessing the Site or registering to be considered as a potential Beta Program Partner candidate.
“Portfolio Information” is information you provide us with (directly or through a portfolio URL that you provide) regarding apps that you’ve previously developed or worked on or similar types of work experience.
Who Can Register?
To register, you should be an application developer with substantial experience in app development on both Android and iOS platforms.
You must be at least 18 years old to register. If you are under 18 years old, we’re sorry but we at this time we are can’t consider you as a candidate, so please don’t register.
You may not access the Site or register if you are on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. By registering, you represent and warrant that you are not on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders.
How Do I Register?
To be considered as a potential Beta Program Partner candidate, you need to use the Site to register and provide us with certain information, including contact information and Portfolio Information. Please provide the requested information and then click the “Register” button. Before registering, please read the “Some Ground Rules” section below.
Some Ground Rules
We may limit or discontinue registration at any time without notice.
You may not register for another person (other than a company or entity you’re authorized to apply on behalf of).
Please do not register more than once. If any of your contact information changes after you register, please send us an email at email@example.com and include “PanaSky Developer Beta Candidate Program” in the Subject or Re line.
When you register, you are certifying that the information you submit is true and accurate and that the Portfolio Information your provide represents work that you have actually done.
Do not send us any Portfolio Information that you are not authorized to send us, that is patently offensive or illegal or that infringes any intellectual property rights of any third party.
There will be a limited number of Beta Program Partners. We’re not committing to any specific number and we can increase or decrease the number of Beta Program Partners at our sole discretion, or even terminate the entire Beta Program, at any time.
We may contact you (initially via email) for additional information as part of our Beta Program Partner candidate selection process.
We will select our Beta Program Partner candidates using criteria that we deem appropriate in our sole discretion. We will not publish these criteria and we reserve the right to change the criteria at any time.
It’s possible that we will have a rolling review, so please be patient. We may add more Beta Program Partner candidates as we move forward. The order in which we notify Beta Program Partner candidates is not necessarily a reflection of the order in which registrants were ranked or rated.
If you are selected as a Beta Program Partner candidate, you will need to respond to your invitation to join in a timely manner. To become a Beta Program Partner, you will also need to agree to the terms and conditions of the Beta Program and accept our Beta End User License Agreement. We may rescind an invitation to join the Beta Program at any time and for any reason.
If you are not selected as a Beta Program Partner candidate, we will contact you to inform you of our decision. Our decisions will be kept private (obviously, persons selected as Beta Program Partner candidates will know that they’ve been selected). Our decisions are final and are not appealable. Please understand that our Beta Program Partner candidate selection process is not intended to be, and should not be interpreted by you as, a judgment on the quality of your work or the level of your expertise.
You agree not to publicly disclose whether or not you were selected to be a Beta Program Partner candidate.
The entire purpose of the Beta Program is to test and improve the PanaSky Developer toolkit. Accordingly, we will be asking our Beta Program Partners to provide us with feedback and other information. We will also be using your name (or company name) in marketing information regarding the PanaSky Developer toolkit and in other collateral we choose to create, but you will not be allowed to use any Panasonic branding in any of your own marketing materials (unless we expressly give you permission to do so).
Being selected as a Beta Program Partner candidate confers no rights of any nature. This means we won’t pay or otherwise compensate you for being selected, nor do we pay or compensate our Beta Program Partners.
It is possible that the Beta Program may be cancelled, or its features or requirements may change, at any time in our sole discretion.
Feedback and Suggestions
You have no obligation to offer any feedback or suggestions to us regarding the Site or the Beta Program Partner candidate selection process. Although we appreciate any feedback and suggestions you provide, you understand that we may use such feedback and suggestions without any obligation to account to you for such use or to compensate you in any manner for such use.
Who Owns What
You retain ownership of any intellectual property rights that you hold in any Portfolio Information you provide.
The Site, including software, graphics, text, design tools, images, pictures, layout, and look and feel, contains proprietary information and material that is owned by us and/or our licensors, and are protected by applicable intellectual property and other laws. You agree not use or copy such information or materials in any way whatsoever except for using the Site in compliance with these Terms. All copyrights in and to the Site are solely and exclusively owned by us.
“Panasonic,” the Panasonic logo, “PanaSky,” the PanaSky logo and our other trademarks, service marks, graphics and logos used in connection with the Site are our trademarks or registered trademarks in the US and other countries. You are granted no right or license with respect to any of these trademarks.
When you provide us with information, you give us (and our service partners and consultants) a worldwide license to use, host, store, reproduce, modify, transmit, publish, publicly perform and publicly display such information. The rights you grant in this license are for the limited purpose of conducting the Beta Program Partner candidate selection process.
We take appropriate action in response to alleged copyright infringement if is reported using our DMCA process and complies with the law. If you believe that your work has been copied in a way that constitutes infringement and it is available on the Site, please provide a written notification of claimed infringement addressed to the designated agent as set forth below, which must include substantially all of the following:
To reach our Copyright Agent for Notice of claims of copyright infringement, mail the notice to:
Panasonic Avionics Corporation
Attn: Legal Department-PanaSky Developer Beta Copyright Agent
26200 Enterprise Way
Lake Forest, CA 92630
The Copyright Agent should only be contacted if you believe that your work has been used in a way that constitutes copyright infringement and such infringement is occurring on the Service. The Copyright Agent won’t respond to incomplete notices or any other inquiries.
These Terms apply upon your first access to the Site and remain in full force and effect until the Beta Program Partner candidate selection process has been completed or is cancelled.
This “Termination” provision, the “Who Owns What” provision above, and the “Enforcement,” “Warranty Disclaimers,” “Limitation of Liability,” “Indemnity,” “Governing Law,” “Dispute Resolution; Binding Arbitration; Jury Trial Waiver; Class Action Waiver” and “Miscellaneous” provisions below, together with any other terms that are clearly intended to survive termination, shall survive the termination of these Terms.
We reserve the right to modify, suspend or discontinue the Site, registration and/or the Beta Program Partner selection process (or any part thereof) at any time with or without notice, and we will have no liability should we exercise such rights.
We reserve the right to takes steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to our right to cooperate with any legal process relating to your use of the Site or as part of the Beta Program Partner selection process, and/or a third party’s claim that your use of the Site is unlawful and/or infringes such third party’s rights). You agree that we have the right, without liability to you, to disclose any information, usage records or other information collected by us to law enforcement authorities, government officials, and/or a third party, as we believe we are required to do or is reasonably necessary or appropriate or to enforce and/or verify compliance with any part of these Terms.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE, TOGETHER WITH OUR SERVICE PROVIDERS AND CONSULTANTS (COLLECTIVELY, AND TOGETHER WITH THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS, THE “PANASONIC PARTIES“), DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT FROM TIME TO TIME WE MAY REMOVE OR LIMIT THE SITE OR PORTIONS THEREOF FOR INDEFINITE PERIODS OF TIME, LIMIT OR DISCONTINUE REGISTRATION, OR TERMINATE THE SITE OR THE BETA PROGRAM PARTNER SELECTION PROCESS OR PORTIONS THEREOF AT ANY TIME.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PANASONIC PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE BETA PROGRAM PARTNER SELECTION PROCESS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, NON-INFRINGEMENT, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY.
THE PANASONIC PARTIES DO NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION.
NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNLESS PROHIBITED BY LAW IN A PARTICULAR INSTANCE:
NOTE: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
For California Residents
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Under California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are advised of the following: Panasonic Avionics Corporation, located at 26200 Enterprise Way, Lake Forest, CA 92630, USA, telephone +1-949-672-2000, is the provider of the Site. We do not charge users to use the Site or register. To firstname.lastname@example.org. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 3737 Main St., Suite 650, Riverside, CA or by calling 1-800-952-5210.
YOU AGREE TO INDEMNIFY AND HOLD THE PANASONIC PARTIES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF ANY BREACH OF THESE TERMS BY YOU OR ANY PROHIBITED USE BY YOU OF THE SITE.
We reserve the right, at any time and from time to time, to amend, update, supplement or otherwise modify these Terms and to impose new or additional rules, policies, terms or conditions on the use of the Site or to the Beta Program Partner selection process. Such amendments, updates, supplements, modifications to the Terms (collectively “Additional Terms”) will be effective immediately upon giving notice of such Additional Terms.
We may send you notices by sending an email message to the email address that you provided when you registered or, if you did not register, by posting it on the Site. Unless the notice provides otherwise, notices are effective immediately.
Restricted and Limited Rights
U.S. GOVERNMENT RESTRICTED AND LIMITED RIGHTS: The Site is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. All data is provided with LIMITED RIGHTS and such data may be reproduced and used by the Government with the express limitation that they will not, without written permission, be used for purposes of manufacture nor disclosed outside the Government. Manufacturer is Panasonic Avionics Corporation.
Compliance with Law
If you are accessing the Site from outside of the United States you are doing so on your own initiative and you agree to comply with all local, state, provincial, federal and national laws, statutes, decrees, ordinances and regulations that apply to your access to and use of the Site. US law applies to and controls the export of any information provided via the Site.
You agree that for purposes of these Terms we are solely based in California USA and any operations elsewhere do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California USA. These Terms and any disputes arising out of or relating to them or otherwise relating to the Site or the Beta Program Partner selection process will be governed by (i) the laws of the state of California without regard to its conflict of law principles and (ii) the Federal Arbitration Act (9 U.S.C. §1 et seq.).
Dispute Resolution; BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER
If you have a Dispute with us, we’d like to have an informal opportunity to try and resolve it. You agree to try to resolve any Dispute informally by sending a notice email@example.com with the word “Dispute” in the Re or Subject field. In the notice, you must describe the nature of the Dispute with reasonable specificity and include your name, mailing address, phone number and email. We’ll try to resolve the Dispute by contacting you via email or phone.
If you and we are unable to resolve your Dispute within 60 days from our receipt of notice of the Dispute, you or we may pursue the Dispute in arbitration pursuant to the terms in this provision. YOU AND WE AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT ANY DISPUTE SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF; PROVIDED THAT EITHER YOU OR US MAY BRING A LAWSUIT SOLELY FOR INJUNCTIVE RELIEF TO STOP UNAUTHORIZED USE OR ABUSE OF THE SITE OR THE BETA PROGRAM PARTNER CANDIDATE SELECTION PROCESS OR INVOLVING INTELLECTUAL PROPERTY INFRINGEMENT WITHOUT FIRST ENGAGING IN THE INFORMAL DISPUTE-RESOLUTION PROCESS OR ARBITRATION. IN THE USA, YOU AND WE EACH ALSO RETAIN THE RIGHT TO SEEK RELIEF IN A SMALL CLAIMS COURT FOR DISPUTES OR CLAIMS WITHIN THE SCOPE OF ITS JURISDICTION.
Unless otherwise agreed by you and us, the arbitration shall occur in Orange County, California USA before a single mutually agreeable neutral arbitrator. Participation may be in person or via telephonic or electronic means. You and we have the right, at each;s own expense, to be represented by a spokesperson of each’s own choosing. The AAA rules will govern payment of all arbitration fees.
You and we agree that the arbitration, including the evidence, the argument and the outcome, is confidential between you and us. You and we can inform legal counsel and, if necessary, financial advisors and insurers, about the arbitration if they are advised of the confidentiality obligations. You and we can tell others only as required by law. The arbitrator appointed must also agree to this confidentiality protection. Nothing in this Agreement prevents either you or we from filing the arbitration award with a court to enforce or appeal such award (but only if the arbitration award is not paid within 90 days of its issuance), though both you and we agree that the evidence, arguments of the parties, and the arbitrator’s findings related to such award will be treated as confidential information subject to a court-approved protective order.
IF FOR ANY REASON THESE ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND WE EACH HEREBY WAIVE ANY TRIAL BY JURY AND AGREE THAT THE CLAIM SHALL BE DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION LOCATED IN ORANGE COUNTY, CALIFORNIA.
YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND WE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. IN THE EVENT THAT THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN ANY PUTATIVE CLASS ACTION MAY ONLY PROCEED IN A COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN TWELVE (12) MONTHS AFTER THE EVENT GIVING RISE TO THE DISPUTE OCCURS, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
“Dispute” means any dispute, claim, cause of action or controversy between you and any Panasonic Parties relating to these Terms or the Site or the Beta Program Partner candidate selection process, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause above), butexcludes any disputes or claims to the extent that they involve the payment, nonpayment or improper payment of any fees owed to us by you.
These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. If any part of these Terms is considered invalid by a court or arbitrator, the rest of it will remain enforceable. These Terms will also be binding on your heirs and successors and on our successors and assigns. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Site or the Beta Program. No waiver of any part of these Terms, or of any breach of it, in any one instance will require us to waive any other instance or breach. We will not be responsible for failures to fulfill any obligations due to causes beyond our control or that constitute force majeure events. Any translation of these Terms, or any part thereof, is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern.
Last revised: 29 August 2014. ©2016 Panasonic Avionics Corporation. All rights reserved.