General User Terms and Conditions
Hutchinson O-Ring ® App
Please read carefully these terms and conditions before starting to use the Hutchinson
O-Ring mobile application.
By using this app, you agree to be bound by the terms and conditions of this agreement.
Preamble and legal information
This general User Terms & Conditions (“T&C) sets forth the terms and conditions governing
the use of our Hutchinson O-Ring mobile application downloaded or otherwise acquired by
you (the “user”),
This app is currently available on iOS and Android operating systems or desktop device.
Application: The Hutchinson O-Ring App developed and operated by the company
Hutchinson. The term "Application" includes the mobile application and the computer
program that the User downloads and/or accesses, and associated data and information
(including any user guide, updates and revisions) available to the User. With limited
exceptions with respect to software or elements of the Application that Hutchinson has
licensed from third parties, the Application is owned by Hutchinson and is licensed, not sold.
Hutchinson considers the Application to be its confidential and proprietary information.
This application called O-Ring, is developed and published by the company Hutchinson, Snc,
duly registered in the Register of businesses and companies of Paris, registration number
314 397 696, and is located at 2 rue Balzac, 75008 Paris, France.
These Terms and Conditions may be modified at any time. This User Terms and Conditions
are in effect on the application from the date of registration and afterwards during its use.
Hence, the Users are advised to consult the application regularly in order to stay informed
about any recent or future modifications.
Objective – Rights granted
This document constitutes as of June 1st, 2017 the General User Terms and Conditions of
the O-Ring application offered by Hutchinson on the Apple Store and Google Play Store.
Subject to the terms of this Agreement, Hutchinson grants the User a limited, revocable,
terminable, non-exclusive license to use the Application solely as described in this
Agreement, and either on the Mobile Platform for which the Software was designed, or on the
desktop version available on the website www.oring.hutchinson.fr
The results and information given in the assembly aid calculations or the media compatibility
table shall only constitute a first approach to help you define your needs. In no event shall
Hutchinson be responsible for damages of any nature whatsoever resulting from the use or
reliance upon this calculation when the result has not been validated by a skilled engineer of
Hutchinson.
The O-Ring measurement tool shall only give an estimation of the O-Ring dimensions and
are not error-free. The accuracy of the results depends on the context of use like the light in
the room where the picture is taken, the position of the mobile phone, supposed to be parallel
to the surface where the O-Ring is placed, the distance between the O-Ring and the phone,
etc. No warranty is provided or implied by Hutchinson about the results of this
measurement tool.
Hutchinson's obligations and responsibilities regarding Hutchinson Products or services are
governed solely by the agreements under which they are sold or licensed. Hutchinson does
not guarantee availability of individual part numbered Hutchinson Products. Hutchinson
Products availability must be confirmed at time of any order. Hutchinson Products orders are
subject to acceptance or rejection by Hutchinson.
Protection of the Application - Limitations
All deterioration or any unauthorized representation, reproduction, modification, commercial
use in whole or in part of the various parts of the Application is prohibited, and any User
responsible for such actions risk or will be subject to prosecution.
Except as expressly stated herein, no other rights are granted to the User by implication,
estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other
intellectual property right of Hutchinson or any of its licensors.
The User must not copy, modify, transfer, rent, lease, sublicense, assign, reverse assemble,
reverse compile or create derivative works of the Application; nor may the User disclose the
Software to third parties, nor may the User access, download or use the Software in any
environment or any platform other than an operating system for which it was designed. To
the extent any of the foregoing restrictions on reverse engineering, decompiling or other use
of the Application are not enforceable under applicable law, then the restriction will apply to
the greatest extent consistent with applicable law, and the User will not engage in such
activities without first giving Hutchinson written notice of the User's intended course of action
sufficiently in advance of such action to allow Hutchinson to provide any relevant assistance
or information that might obviate the need for such action. Hutchinson reserves the right to
modify the Application and related data and information at any time, and to change its
functionality. The User acknowledge and agree that Hutchinson retains sole ownership of all
intellectual property rights in the Application, Hutchinson Products and related information,
including but not limited to patent, copyright, trade dress, trade secret, and trademark rights.
This Agreement and the license granted to the User terminate automatically upon breach of
this Agreement. Hutchinson may terminate the license rights, and/or may stop offering the
Application, data and/or information, at any time for any reason without notice and without
liability. Upon any termination, the User agrees to cease all use of the Application and to
remove the Application from the Mobile Platform(s).
Price
Hutchinson does not collect any fees from the User for the Application. However, the User
may incur network or data charges, roaming charges or other costs or fees when he
download or use the Application or certain of its features, such as location-based services
like store locators ("Network Charges"”). Hutchinson has no liability to the User for any of
Network Charges.
Protection of Confidential Information
The User agrees to hold all Confidential Information in confidence indefinitely. "Confidential
Information" shall mean the Application and any and all information, data, specifications,
designs, constructions, techniques, formulas, materials, and manufacturing processes
concerning Hutchinson Products, except information which is: published or otherwise
becomes part of the public domain through no act or omission by the User; received by the
User from a third party who is legally in possession of the same and not under an obligation
of confidentiality with respect thereto; or, was already in the User's possession, with no duty
of confidentiality attached thereto, prior to its receipt from Hutchinson, as evidenced by
written records. This obligation of confidentiality shall survive termination, cancellation, or
expiration of this License Agreement.
Trademarks and Copyrights
The trademarks, service marks, and logos (the "Trademarks") used and displayed in the
Software are registered and unregistered Trademarks of Hutchinson and others. Nothing in
this Agreement or the Software should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark without the written permission of the
Trademark owner. Trademarks of Hutchinson may not be used in any way without prior
written permission of Hutchinson. The copyrights in the Software and all data and information
provided in connection with the Software are held by Hutchinson or by the original creator.
Except as stated herein, none of the Software, data or information 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 written permission of Hutchinson or the copyright
owner.
User information
The identifying information collected with regards to the User upon creation of his account is
for Hutchinson's sole use. Furthermore, Hutchinson may collect aggregated non-personal
data from all users of the Application, such as amount of use, nature of inquiries, etc.
Hutchinson will only use the data to assess the overall use of the Application by Users in
order to determine how the Application is being used and how it and other products can be
improved.
Responsibility
The User acknowledges being aware of the constraints and limitations of the Internet
network. Under these conditions:
The User is responsible, just as any other person possessing a Smartphone/Tablet or
Computer/Laptop, for the protection of his technical equipment, especially from any form of
contamination by a virus and/or any attempted hacking. Under no circumstance should
Hutchinson be held responsible for such cases.
The User is solely responsible for the installation, operation, and maintenance of his
technical equipment necessary to use the Application. Under no circumstance whatsoever
shall Hutchinson be held responsible if the service offered by the application turns out to be
incompatible with, or causes the malfunction of, certain software programs, configurations,
operating systems, or other equipment owned by the User.
The User is solely responsible for his use of the Service, and shall not attempt to hold
Hutchinson responsible in any claim and/or proceeding which may be initiated against the
User. The User accepts to treat any such claim and/or proceeding directed against
Hutchinson that is related to his use of the Services provided by Hutchinson as his own
personal business.
Hutchinson does not guarantee, represent or warrant that the use of the Application,
information and/or data will be uninterrupted or error-free. While Hutchinson tries to use
accurate and up-to-date information and data, the data given are provided on an "as it is"
basis without warranties of any kind, expressed or implied. Hutchinson specifically disclaims
all warranties of every kind as to the Application, data and other information, including, but
not limited to, any warranties of title, non-infringement, other violation of rights,
merchantability or fitness for particular purpose. Hutchinson does not warrant or make any
representations regarding the use, validity, accuracy, or reliability of, or the results of the use
of, or otherwise respecting, the Application, data or other information, and the User shall be
solely responsible for the results, use, efficiency and suitability of the software, data and
information.
Any measurements, values and/or dimensions calculated by the O-Ring calculation app are
supposed to be guidelines to facilitate the choice of a Hutchinson suitable sealing solution.
Applicable laws and litigation
This General User Term and Conditions are subject to French law. In case of litigation, and if
efforts at finding an amicable solution have failed, the law courts of Paris shall be solely
competent to hear the case.
Contact
This mobile application has been designed and produced by SUPERSONIKS
www.supersoniks.com under the supervision of Hutchinson O-Ring Division Communication
Department.
If you have any questions about the application or these Terms and Conditions, please feel
free to contact the Hutchinson O-Ring Division communication team at
oring-communication.cgon@hutchinson.fr
