Software End User License Agreement
This Software End User License Agreement ("Agreement") is between You (both the individual installing the Program and any single legal entity on behalf of which such individual is acting) ("You" or "Your") and Sabre Inc. ("Vendor").
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS AGREEMENT. BY DOWNLOADING OR ACCESSING THE VENDOR PROGRAM (WHETHER VIA PHONE, INTERNET, ELECTRONIC NOTIFICATION OR OTHER TECHNOLOGY), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT DOWNLOAD OR ACCESS THE VENDOR PROGRAM. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE REGISTERED TO USE OR ACCESS THE PROGRAM.
- Definition "Program" means the Vendor software, in object code form only, and the services directly related to the Program, together with any updates, provided by Vendor to You whether accessed via mobile phone, internet or other technology and for which You are granted a license pursuant to this Agreement.
- Program license
- Limited License. Vendor hereby grants to You a limited, non-exclusive, non-transferable, revocable license (without the right to sublicense), to use a single copy of the Program solely for Your own personal use for entertainment and travel related purposes only on the equipment on which the Program was first installed or, on a temporary basis, on a backup system if such equipment is inoperative, consistent with the limitations specified or referenced in this Agreement.
- Restrictions. You will not copy or use the Program except as expressly permitted by this Agreement. You will not relicense, sublicense, rent or lease the Program. You will not, and will not permit any third party to, reverse engineer, disassemble or decompile any Program, except to the extent expressly permitted by applicable law, and then only after You have notified Vendor in writing of Your intended activities. You may only use the Program for personal, non-commercial purposes. You may not use the Program for any illegal or unauthorized purpose. You must not upload, transmit, post or otherwise share any content that (a) violates or infringes upon the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other personal or proprietary rights; (b) contains libelous, defamatory, or otherwise unlawful material; or (c) is obscene. You must not modify, adapt or hack the Program or modify a website so as to falsely imply that it is associated with the Program. You will not create or submit unwanted email or other messages to any Program users. You will not transmit any worms or viruses or any code of a destructive nature. You will not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Data Authorization. In order for You to access travel itinerary and related data, You hereby authorize Vendor to obtain such data on Your behalf and You represent that You have the right to control and access the data which You request and access through the Program.
The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials hosted by Vendor infringe Your copyright, You (or Your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Site should be sent to Sabre Inc., 3150 Sabre Drive, Southlake, TX 76092, Attn: General Counsel. We suggest that You consult Your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
You are solely responsible for any activity and content (including, without limitation, data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links to third-party content) that is posted through your user account (collectively, "User Content"). All content of the Program, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Program Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Program Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site.
- No Support. Vendor has no obligation to provide support, maintenance, upgrades, modifications or new releases under this Agreement.
- Fees and Optional Services. The basic Program is currently sold for the fee paid at the time of downloading and may or may not include free trial access to certain premium, optional services ("Optional Services"). If You choose not to continue receiving these services after the trial period, Vendor reserves the right to restrict access to Optional Services at the end of the trial period. Vendor may from time to time offer these and other Optional Services for a subscription or other fee. Any use of Optional Services shall be governed by these terms and any additional terms specific to the applicable Optional Service(s) used by You.
- No Warranties VENDOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PROGRAM. THE PROGRAM IS PROVIDED "AS IS" WITH NO WARRANTY. YOU AGREE THAT YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VENDOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. VENDOR DOES NOT WARRANT THAT THE PROGRAM WILL OPERATE IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY VENDOR OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.
- Termination This Agreement is effective until terminated. Vendor may terminate this Agreement at any time upon Your breach of any of the provisions hereof or upon electronic notice to You. Upon termination of this Agreement, You will cease all use of the Program, return to Vendor or destroy the Program and all documentation and related materials in Your possession, and so certify to Vendor. Except for the license granted herein and as expressly provided herein, the terms of this Agreement will survive termination.
- General Terms
- Law. This Agreement and all matters arising out of or relating to this Agreement, except as governed by federal law, will be governed by the internal laws of the State of Texas without giving effect to any choice of law rule. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. In the event of any controversy, claim or dispute between the parties arising out of or relating to this Agreement, such controversy, claim or dispute may be tried solely in a state or federal court for Tarrant County, Texas, and the parties hereby irrevocably consent to the jurisdiction and venue of such courts.
- Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT WILL VENDOR'S LIABILITY FOR DAMAGES HEREUNDER EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO VENDOR FOR THE PROGRAM. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 5.2 AND IN THE OTHER PROVISIONS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH VENDOR WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. VENDOR'S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
- Severability and Waiver. If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remainder of this Agreement will continue in full force and effect. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach.
- No Assignment. You may not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement or any rights or obligations under this Agreement without the prior written consent of Vendor. Any purported assignment, transfer or delegation by You will be null and void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.
- Export Administration. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively "Export Controls"). Without limiting the generality of the foregoing, You will not, and You will require Your representatives not to, export, direct or transfer the Program, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. The terms of this Agreement may be modified by Vendor upon providing notice to You at which time You may discontinue use of the Program if You are not in agreement with the modified terms. Your continued use of the Program after such a notice shall be an indication of Your consent and agreement with the modified terms of the Agreement.
BY DOWNLOADING OR ACCESSING THIS VENDOR PROGRAM, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, (2) YOU AGREE TO BE BOUND BY THIS AGREEMENT, (3) THE INDIVIDUAL SO DOWNLOADING OR ACCESSING HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND, (4) BY SO DOWNLOADING OR ACCESSING, THIS AGREEMENT CONSTITUTES BINDING AND ENFORCEABLE OBLIGATIONS OF YOU. YOU ALSO ACKNOWLEDGE AND AGREE THAT USE OF THE PROGRAM IS SUBJECT TO THE TERMS OF MAPQUEST'S MAPPING SERVICES