Software and Beta Agreement.
THE TRAVEL JUNKIES INC.
(Referred to hereafter as "The Travel Junkies ")
SOFTWARE LICENSE AGREEMENT
1. Limited Use License.
If you do not agree to the terms of this agreement, DO NOT INSTALL the Application. THE TRAVEL JUNKIES INC. and its legal successors, the licenser, grants to you the end user organization, a perpetual non-exclusive license to use the copy of the Application program(s) provided to you (the "Application") for your own internal corporate purposes in accordance with the following terms and conditions. The number of individual end-users within your organization entitled to use the Application to create or edit (read/write) data shall not exceed the number of end-users specified at the time the license was provided. End user organizations may use the Beta-Testing Version of Application within the limitation on the number of users only during the testing period. You may not continue using it beyond the testing period unless you agreed upon with The Travel Junkies a license agreement. This agreement supersedes any prior version license and governs your use of the Application.
2. Title. This License is not a sale of the Application or a sale of a copy of the Application. The Travel Junkies retains title and ownership of the Application delivered by electronic medium or recorded on the original media delivered to you and all copies made regardless of the form or media on or in which the original or any copy may exist. The Travel Junkies is licensing you to use for limited purposes the Application. The Travel Junkies retains all other rights in the Application and associated documentation delivered, in paper or electronic form, with the Application (the "Documentation")..
3. Copying\Copyright The Application and the Documentation are subject to copyright protection. The Travel Junkies hereby permits the Licensee to make copies of the Application and the Documentation for its own internal, archival purposes only provided that such copies of the Application and/or Documentation remain within the possession and control of the Licensee, copyright notices are replicated or remain affixed or embedded in the Application and/or Documentation, and you do not take credit for or re-sell the Application and/or Documentation. The Travel Junkies holds and retains all worldwide rights, title and interests, including without limitation, copyright, in and to Application, and its third party suppliers from whom The Travel Junkies has licensed portions of the Application. Such suppliers are expressly understood to be beneficiaries of the terms and provisions of this Agreement. All rights not expressly granted are reserved by The Travel Junkies or its suppliers.
4. Express Restrictions on Use and Transfer. You may not and your employees, sub-contractors, or anyone affiliated with you or your company may not: modify, adapt or create other works based upon the Application or the Documentation; upon upgrading (if applicable) of the Application, all copies of the prior version must be destroyed, and cannot be given, transferred, or used by other individuals or organizations; modify, reverse engineer, decompile, create other works from, make any attempt to discover the source code of the Application, or disassemble the Application; post or upload the Application other than the Evaluation Version to any electronic bulletin board, on-line service or other electronic network accessible by third parties. rent, sublicense, or otherwise distribute the Application or Documentation, or any rights therein to any person or entity; including, but not limited to "Active Server Pages"; In the event that you have received a beta version of the Application ("Beta Version"), you are authorized to distribute the Beta Version to third parties provided that you make the third party aware it is a Beta version only and is subject to these licensing terms. If you wish to transfer the Application other than the Beta Version to a third party, you must first notify The Travel Junkies, destroy all back-up or archival copies of the Application and then have the transferee provide The Travel Junkies with an acknowledgment of the terms of this License Agreement.
5. Term. This License is effective until terminated. You may terminate the license at any time by removing or deleting the Application from all devices into which the Application has been installed or transferred, destroying or returning to The Travel Junkies all copies of the Application on disc or other media and, if requested by The Travel Junkies, providing with an officer's certificate attesting to the foregoing. This License will be terminated by The Travel Junkies immediately and without notice in the event that you fail to comply with any term or condition hereof. Upon any termination, you will return to The Travel Junkies, at your expense, the Application and Documentation and any copies thereof whether or not the copying was authorized hereunder and remove or delete the Application from the memory of the device into which the Application has been transferred.
6. Limited Warranty and Disclaimer of Liability. The Application is licensed "as is". However, in the event that you have received the Application from on a physical media, The Travel Junkies warrants the media on which the Application resides to be free from defective materials or workmanship in normal use for one (1) year from the date of original install. If a defect appears during the warranty period, return the media to The Travel Junkies, for a replacement (shipping charges may be incurred). No dealer, company or person is authorized to expand or alter any portion of these warranties or this Agreement, and such representation will not bind The Travel Junkies. APART FROM THE FOREGOING, THERE ARE NO OTHER OR FURTHER REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES. ANY IMPLIED WARRANTIES COVERING THE DOCUMENTATION, THE MAGNETIC MEDIA OR THE APPLICATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVED BY THE END-USER. IN NO EVENT SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING LOSS OF PROFIT OR DAMAGES FOR BUSINESS INTERRUPTION. The maximum liability in the event that any of the above limitations are held unenforceable shall not exceed the license fee paid by you, regardless of the form of any claim.
7. Miscellaneous. Termination by The Travel Junkies will not limit any of its other rights or remedies under this Agreement or at law or in equity. Any provision of this Agreement that by its sense and context is intended to survive termination of this Agreement will survive termination.
ENTIRE AGREEMENT. This Agreement, together with any special rights or promotions provided in writing with your copy of the Application, is the entire agreement between you and The Travel Junkies relating to the Application. It supersedes any prior or contemporaneous oral or written communication relating to the Application.
Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of Canada and the Province of Alberta. If for any reason a court of competent jurisdiction finds any provision of this License, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this License shall remain in full force and effect. Any cause of action with respect to must be instituted within one year after the claim or cause of action has arisen or be barred.
Both the license and your right to use the Application terminate automatically if you violate any part of this Agreement. In the event of termination, you must immediately uninstall all copies of the Application and destroy all Documentation or return them to The Travel Junkies.
You may not allow anyone to do anything that this Agreement prohibits you from doing.
This License Agreement shall ensure to the benefit of THE TRAVEL JUNKIES INC. and its successors and assigns.
SUPPORT: The Travel Junkies will attempt to answer your technical support requests concerning the Application; however, this service is offered on a reasonable efforts basis only, and The Travel Junkies may not be able to resolve every support request. The Travel Junkies supports the Application only if it is used under conditions and on operating systems for which the Application is designed. For support requests, contact The Travel Junkies via email; as indicated in the Documentation or Help section of the Application. IN NO EVENT WILL THE TRAVEL JUNKIES OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY KIND RESULTING FROM THE DELIVERY OF TECHNICAL SUPPORT SERVICES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE TO YOUR COMPUTER EQUIPMENT AND THE LOSS OF YOUR DATA.
Confidentiality. and all Materials provided by The Travel Junkies under this License are confidential and proprietary to The Travel Junkies. You agree to hold them in confidence, not to use them other than in connection with and the performance of this License.
You agree to defend and indemnify THE TRAVEL JUNKIES INC. against all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which THE TRAVEL JUNKIES INC. may incur in connection with your breach of this Agreement.
(Referred to hereafter as "The Travel Junkies ")
SOFTWARE LICENSE AGREEMENT
1. Limited Use License.
If you do not agree to the terms of this agreement, DO NOT INSTALL the Application. THE TRAVEL JUNKIES INC. and its legal successors, the licenser, grants to you the end user organization, a perpetual non-exclusive license to use the copy of the Application program(s) provided to you (the "Application") for your own internal corporate purposes in accordance with the following terms and conditions. The number of individual end-users within your organization entitled to use the Application to create or edit (read/write) data shall not exceed the number of end-users specified at the time the license was provided. End user organizations may use the Beta-Testing Version of Application within the limitation on the number of users only during the testing period. You may not continue using it beyond the testing period unless you agreed upon with The Travel Junkies a license agreement. This agreement supersedes any prior version license and governs your use of the Application.
2. Title. This License is not a sale of the Application or a sale of a copy of the Application. The Travel Junkies retains title and ownership of the Application delivered by electronic medium or recorded on the original media delivered to you and all copies made regardless of the form or media on or in which the original or any copy may exist. The Travel Junkies is licensing you to use for limited purposes the Application. The Travel Junkies retains all other rights in the Application and associated documentation delivered, in paper or electronic form, with the Application (the "Documentation")..
3. Copying\Copyright The Application and the Documentation are subject to copyright protection. The Travel Junkies hereby permits the Licensee to make copies of the Application and the Documentation for its own internal, archival purposes only provided that such copies of the Application and/or Documentation remain within the possession and control of the Licensee, copyright notices are replicated or remain affixed or embedded in the Application and/or Documentation, and you do not take credit for or re-sell the Application and/or Documentation. The Travel Junkies holds and retains all worldwide rights, title and interests, including without limitation, copyright, in and to Application, and its third party suppliers from whom The Travel Junkies has licensed portions of the Application. Such suppliers are expressly understood to be beneficiaries of the terms and provisions of this Agreement. All rights not expressly granted are reserved by The Travel Junkies or its suppliers.
4. Express Restrictions on Use and Transfer. You may not and your employees, sub-contractors, or anyone affiliated with you or your company may not: modify, adapt or create other works based upon the Application or the Documentation; upon upgrading (if applicable) of the Application, all copies of the prior version must be destroyed, and cannot be given, transferred, or used by other individuals or organizations; modify, reverse engineer, decompile, create other works from, make any attempt to discover the source code of the Application, or disassemble the Application; post or upload the Application other than the Evaluation Version to any electronic bulletin board, on-line service or other electronic network accessible by third parties. rent, sublicense, or otherwise distribute the Application or Documentation, or any rights therein to any person or entity; including, but not limited to "Active Server Pages"; In the event that you have received a beta version of the Application ("Beta Version"), you are authorized to distribute the Beta Version to third parties provided that you make the third party aware it is a Beta version only and is subject to these licensing terms. If you wish to transfer the Application other than the Beta Version to a third party, you must first notify The Travel Junkies, destroy all back-up or archival copies of the Application and then have the transferee provide The Travel Junkies with an acknowledgment of the terms of this License Agreement.
5. Term. This License is effective until terminated. You may terminate the license at any time by removing or deleting the Application from all devices into which the Application has been installed or transferred, destroying or returning to The Travel Junkies all copies of the Application on disc or other media and, if requested by The Travel Junkies, providing with an officer's certificate attesting to the foregoing. This License will be terminated by The Travel Junkies immediately and without notice in the event that you fail to comply with any term or condition hereof. Upon any termination, you will return to The Travel Junkies, at your expense, the Application and Documentation and any copies thereof whether or not the copying was authorized hereunder and remove or delete the Application from the memory of the device into which the Application has been transferred.
6. Limited Warranty and Disclaimer of Liability. The Application is licensed "as is". However, in the event that you have received the Application from on a physical media, The Travel Junkies warrants the media on which the Application resides to be free from defective materials or workmanship in normal use for one (1) year from the date of original install. If a defect appears during the warranty period, return the media to The Travel Junkies, for a replacement (shipping charges may be incurred). No dealer, company or person is authorized to expand or alter any portion of these warranties or this Agreement, and such representation will not bind The Travel Junkies. APART FROM THE FOREGOING, THERE ARE NO OTHER OR FURTHER REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES. ANY IMPLIED WARRANTIES COVERING THE DOCUMENTATION, THE MAGNETIC MEDIA OR THE APPLICATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVED BY THE END-USER. IN NO EVENT SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING LOSS OF PROFIT OR DAMAGES FOR BUSINESS INTERRUPTION. The maximum liability in the event that any of the above limitations are held unenforceable shall not exceed the license fee paid by you, regardless of the form of any claim.
7. Miscellaneous. Termination by The Travel Junkies will not limit any of its other rights or remedies under this Agreement or at law or in equity. Any provision of this Agreement that by its sense and context is intended to survive termination of this Agreement will survive termination.
ENTIRE AGREEMENT. This Agreement, together with any special rights or promotions provided in writing with your copy of the Application, is the entire agreement between you and The Travel Junkies relating to the Application. It supersedes any prior or contemporaneous oral or written communication relating to the Application.
Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of Canada and the Province of Alberta. If for any reason a court of competent jurisdiction finds any provision of this License, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this License shall remain in full force and effect. Any cause of action with respect to must be instituted within one year after the claim or cause of action has arisen or be barred.
Both the license and your right to use the Application terminate automatically if you violate any part of this Agreement. In the event of termination, you must immediately uninstall all copies of the Application and destroy all Documentation or return them to The Travel Junkies.
You may not allow anyone to do anything that this Agreement prohibits you from doing.
This License Agreement shall ensure to the benefit of THE TRAVEL JUNKIES INC. and its successors and assigns.
SUPPORT: The Travel Junkies will attempt to answer your technical support requests concerning the Application; however, this service is offered on a reasonable efforts basis only, and The Travel Junkies may not be able to resolve every support request. The Travel Junkies supports the Application only if it is used under conditions and on operating systems for which the Application is designed. For support requests, contact The Travel Junkies via email; as indicated in the Documentation or Help section of the Application. IN NO EVENT WILL THE TRAVEL JUNKIES OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY KIND RESULTING FROM THE DELIVERY OF TECHNICAL SUPPORT SERVICES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE TO YOUR COMPUTER EQUIPMENT AND THE LOSS OF YOUR DATA.
Confidentiality. and all Materials provided by The Travel Junkies under this License are confidential and proprietary to The Travel Junkies. You agree to hold them in confidence, not to use them other than in connection with and the performance of this License.
You agree to defend and indemnify THE TRAVEL JUNKIES INC. against all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which THE TRAVEL JUNKIES INC. may incur in connection with your breach of this Agreement.
BETA AGREEMENT
In addition to the "Software license" agreement, you also agree to be bound to this BETA AGREEMENT between THE TRAVEL JUNKIES INC, and you the user. If anything in the "BETA AGREEMENT" conflicts with the "Software License Agreement", the part that gives more rights and protection to THE TRAVEL JUNKIES INC, will be considered applicable. If you do not agree to the terms of this agreement, DO NOT INSTALL the Application.
CONFIDENTIALITY. The Application and all related information is confidential and proprietary to THE TRAVEL JUNKIES INC. You agree not to disclose the Application or any information relating to the Application (including without limitation the results of use or testing) to any third party without THE TRAVEL JUNKIES INC.'s prior written permission. Unauthorized use or disclosure of such information would cause irreparable harm and significant injury to THE TRAVEL JUNKIES INC. that would be difficult to ascertain; accordingly you agree that THE TRAVEL JUNKIES INC. shall have the right to obtain injunctive or other equitable relief to enforce obligations under this Agreement without limiting any other rights or remedies.
CONTACTING THE TRAVEL JUNKIES INC. Although THE TRAVEL JUNKIES INC. only offers email support for the beta versions of the Application, we encourage you to e-mail bug reports regarding the Application to beta@traveljunkies.ca .
LIMITATION OF LIABILITY. The Application is a pre-release, experimental version and is not at the level of performance and compatibility of a final product. The Application may not operate correctly and may be substantially modified prior to first public production version, or withdrawn. IN NO EVENT SHALL THE TRAVEL JUNKIES INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OR THE INABILITY TO USE THE APPLICATION, EVEN IF THE TRAVEL JUNKIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BACKUP OF DATA: We STRONGLY encourage you to make regular backups of your data, and, because this is "beta" or "pre-release" Application, encourage you NOT to rely solely on this Application for critical or important data.
TERM AND TERMINATION. This Agreement shall continue until terminated. You may terminate the Agreement at any time by uninstalling all copies of the Application and deleting all related information and so notifying THE TRAVEL JUNKIES INC. THE TRAVEL JUNKIES INC. may terminate the Agreement at any time for any reason by so notifying you; you must then promptly uninstall all copies of the Application and delete related information.
CONTRACTING PARTIES. If the Application is installed on devices owned by a corporation or other legal entity, then this Agreement is formed by and between THE TRAVEL JUNKIES INC. and such entity. The individual executing this Agreement represents and warrants to THE TRAVEL JUNKIES INC. that they have the authority to bind such entity to the terms and conditions of this Agreement.
You agree to defend and indemnify THE TRAVEL JUNKIES INC. against all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which THE TRAVEL JUNKIES INC. may incur in connection with your breach of this Agreement.
THE TRAVEL JUNKIES INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS APPLICATION OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE APPLICATION, FOR ANY PURPOSE. THE APPLICATION IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS APPLICATION IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, THE TRAVEL JUNKIES INC. SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE APPLICATION.
While THE TRAVEL JUNKIES INC. intends to distribute a commercial release of the Application, THE TRAVEL JUNKIES INC. reserves the right at any time not to release a commercial release of the Application or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.
In addition to the "Software license" agreement, you also agree to be bound to this BETA AGREEMENT between THE TRAVEL JUNKIES INC, and you the user. If anything in the "BETA AGREEMENT" conflicts with the "Software License Agreement", the part that gives more rights and protection to THE TRAVEL JUNKIES INC, will be considered applicable. If you do not agree to the terms of this agreement, DO NOT INSTALL the Application.
CONFIDENTIALITY. The Application and all related information is confidential and proprietary to THE TRAVEL JUNKIES INC. You agree not to disclose the Application or any information relating to the Application (including without limitation the results of use or testing) to any third party without THE TRAVEL JUNKIES INC.'s prior written permission. Unauthorized use or disclosure of such information would cause irreparable harm and significant injury to THE TRAVEL JUNKIES INC. that would be difficult to ascertain; accordingly you agree that THE TRAVEL JUNKIES INC. shall have the right to obtain injunctive or other equitable relief to enforce obligations under this Agreement without limiting any other rights or remedies.
CONTACTING THE TRAVEL JUNKIES INC. Although THE TRAVEL JUNKIES INC. only offers email support for the beta versions of the Application, we encourage you to e-mail bug reports regarding the Application to beta@traveljunkies.ca .
LIMITATION OF LIABILITY. The Application is a pre-release, experimental version and is not at the level of performance and compatibility of a final product. The Application may not operate correctly and may be substantially modified prior to first public production version, or withdrawn. IN NO EVENT SHALL THE TRAVEL JUNKIES INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OR THE INABILITY TO USE THE APPLICATION, EVEN IF THE TRAVEL JUNKIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BACKUP OF DATA: We STRONGLY encourage you to make regular backups of your data, and, because this is "beta" or "pre-release" Application, encourage you NOT to rely solely on this Application for critical or important data.
TERM AND TERMINATION. This Agreement shall continue until terminated. You may terminate the Agreement at any time by uninstalling all copies of the Application and deleting all related information and so notifying THE TRAVEL JUNKIES INC. THE TRAVEL JUNKIES INC. may terminate the Agreement at any time for any reason by so notifying you; you must then promptly uninstall all copies of the Application and delete related information.
CONTRACTING PARTIES. If the Application is installed on devices owned by a corporation or other legal entity, then this Agreement is formed by and between THE TRAVEL JUNKIES INC. and such entity. The individual executing this Agreement represents and warrants to THE TRAVEL JUNKIES INC. that they have the authority to bind such entity to the terms and conditions of this Agreement.
You agree to defend and indemnify THE TRAVEL JUNKIES INC. against all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which THE TRAVEL JUNKIES INC. may incur in connection with your breach of this Agreement.
THE TRAVEL JUNKIES INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS APPLICATION OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE APPLICATION, FOR ANY PURPOSE. THE APPLICATION IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS APPLICATION IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, THE TRAVEL JUNKIES INC. SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE APPLICATION.
While THE TRAVEL JUNKIES INC. intends to distribute a commercial release of the Application, THE TRAVEL JUNKIES INC. reserves the right at any time not to release a commercial release of the Application or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.