U.S. Robotics Connections 2/US Robotics Connections.iso/pc/sourcepc/uconnect/_setup.lib/notice.txt

Text File | 1995-10-30 | 14.8 KB | 305 lines

PLEASE READ THIS NOW

IMPORTANT INFORMATION, RIGHTS, OBLIGATIONS, RESTIRICTIONS,
LIMITATIONS AND WARRANTY DISCLAMERS APPLY TO YOUR ACCESS TO
AND USE OF UNITED CONNECTION (sm) SERVICES. ANY FURTHER USE OF
THIS UNITED CONNECTION SOFTWARE WILL CONSTITUTE ACCEPTANCE BY
YOU OF ALL TERMS AND CONDITIONS IN THE LICENCE AGREEMENT
BETWEEN YOU AND UNITED AIRLINES. BEFORE CONTINUING, READ THE
ENTIRE LICENSING AGREEMENT BELOW.


UNITED AIRLINES LICENSE AGREEMENT
("License Agreement")

This is a legal agreement between you (either an individual or
an entity) and United Air Lines, Inc., a Delaware, U.S.A.,
corporation ("United").  BY USING THE UNITED CONNECTION
SOFTWARE YOU ARE AGREEING UNCONDITIONALLY TO BE BOUND BY THE
TERMS OF THIS AGREEMENT, EVEN IF THIS AGREEMENT IS DEEMED A
MODIFICATION OF ANY PREVIOUS ARRANGEMENT OR CONTRACT.  IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, UPON RECEIPT,
PROMPTLY DESTROY OR RETURN THE DISKETTES AND THE ACCOMPANYING
ITEMS (INCLUDING WRITTEN MATERIALS AND ANY BINDERS OR OTHER
CONTAINERS) TO THE ADDRESS SET FORTH BELOW.

1.    GRANT OF LICENSE.

This License Agreement permits you to install and use one set
of the enclosed United Connection software program (the
"Software") on one or more personal computers.  The Software
is in "use" on a computer when it is loaded into temporary
memory (i.e., RAM) or installed into permanent memory (e.g.,
hard disk, CD-ROM, or other storage device) of that computer.
This is a non-exclusive license (not a sale of software), and
the Software and all copies thereof, at all times, remain the
property of United with title and full ownership rights to the
Software remaining with United and its respective suppliers
and licensors.

2.    COPYRIGHT.

The Software and all United Connection services are owned by
United or its suppliers or its licensors and are protected by
United States copyright laws and international treaty
provisions and all other applicable national laws.  Therefore,
you must treat the Software and all United Connection services
like any other copyrighted material (e.g., a book or musical
recording), except that if the Software is not copy protected
you may (a) make one copy of the Software for your backup or
archival purposes (with the inclusion of all copyright and
other proprietary notices), or (b) transfer the Software (with
the inclusion of all copyright and other proprietary notices)
to a hard disk provided you keep the original for backup or
archival purposes only, and (c) install the Software, on a
non-commercial basis, in the personal computers of other
persons for their own use ("Authorized Users").  You may not
make additional copies of the Software, the user documentation
or any other written material provided with or for the
Software.

3.    OTHER PROTECTED PROPERTY RESTRICTIONS.

The "United Connection" name, services, associated Software,
databases, travel information, data created using United
Connection services, trademarks, copyrights, service marks,
patents and trade secrets are proprietary to and are the
property (the "Protected Property") of various persons,
including, without limitation, United Air Lines, Inc., Galileo
International Partnership, Official Airline Guides and other
suppliers and licensors.  Except as expressly permitted in
this License Agreement, United-provided operating rules and
instructions, and its United Connection user manuals and
guides, the Protected Property may not be used (as a basis for
any software developement, or otherwise), commercially
exploited, copied, redistributed, retransmitted, published,
sold, rented, leased, marketed, sublicensed, pledged,
assigned, disposed of, encumbered, transferred,
reverse-engineered, assembled, decompiled, disassembled, or
otherwise altered, modified or enhanced, whether in whole or
in part, without the express written permission of United and
the owner (or such owner's authorized licensee) of such
Protected Property.  All rights not expressly granted herein
are reserved by United or its suppliers and licensors.  Unless
expressly permitted by United's operating rules and
instructions or its United Connection user manuals and guides,
use of the Software for speculative bookings, speculative
reservations, providing travel agency services to the public
or other entities, providing services related to or in
connection with travel agency services, unauthorized
networking, or booking in return for compensation or any other
benefit or thing of value, is strictly prohibited, and the
Software may be used only in the manner and for the purposes
described in the applicable United Connection user manual or
guide, a copy of which is available upon request.

4.    DUAL MEDIA SOFTWARE.

You may receive the Software in disk media or on a CD-ROM, or
in both media.  Regardless of the number or types of media you
receive, you may use only the media appropriate for your
computer.  Although you may use the other media received, if
any, on another computer, you may not loan, rent, lease, or
transfer them to another user.

5.    REMOTE MODIFICATION.

Certain features of, or all of, the Software and its
associated databases may be modified, altered or enhanced at
any time by United or by United's agents through a remote
modification procedure.  Such modifications shall be governed
by the terms of this License Agreement, and United reserves
the right to provide you with additional licensing terms with
respect to such modifications, which such terms shall
therefrom be incorporated into this License Agreement and to
which you agree to be bound.

6.    DISCLAIMER OF WARRANTY.

You agree that your access to and use of any part of the
Protected Property will be at your sole risk, it being
understood that the Software and any United Connection
services or databases or other information accessible
therewith are provided on an  "AS IS" BASIS, AND UNITED
EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO, WARRANTIES, OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, DESIGN, ACCURACY, CAPABILITY,
SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR
AVAILABILITY.  You also understand that United, its licensors,
employees, agents and other information providers do not
represent that United Connection services will be
uninterrupted or error free.  Neither United nor anyone else
involved in creating, producing or delivering United
Connection services (including, but not limited to, schedules,
data, help desk, reservations, ticketing, refunding, the
provision of transportation services or any other matter)
shall be liable for any direct, indirect, incidental, special
or consequential damages arising out of the use or inability
to use United Connection services or for any breach of any
warranty.

7.    LIMITATION OF REMEDY.

Some states do not allow the exclusion or limitation of
incidental or consequential damages, or limitations on the
duration of an implied warranty, so such exclusions or
limitations may not apply to you.  However, in the event
United accepts responsibility, or is determined liable in a
court of competent jurisdiction, whether in contract or tort,
for any of your damages pursuant to any of your claims
associated with the Software and any United Connection
services, your sole and exclusive remedy will be limited to
the reimbursement of any subscription fees and service charges
paid by you to United with respect to that use of the Software
and any United Connection services which relates to the matter
for which liability is determined or agreed to by United or,
the repair or replacement of the Software, in the absence of
accident, abuse or misapplication.  You hereby waive any and
all rights to bring any claim or action related to matters the
subject of this License Agreement in any forum beyond two (2)
years after the first occurrence of the kind of act, event,
condition or omission upon which the claim or action is based.
You will return promptly all damaged or malfunctioning
Software to United, and you understand that United will have
no obligation to repair, return or replace such damaged or
malfunctioning Software except to the extent otherwise agreed
in this License Agreement.

8.    LIABILITY FOR CHARGES.

You, by using, allowing use by others of, or failing to
prevent unauthorized use by others of, the Software, or by
using any United Connection services, hereby agree
unconditionally that you shall be fully responsible for, and
shall hold harmless United, Galileo International Partnership,
Official Airline Guides, and all other suppliers and licensors
from, all charges, fees, duties, taxes and assessments
applicable to the use of or access to the Software and any
United Connection services, and any products or services
(including, but not limited to, transportation services and
charges) acquired as a result of such use or access, by you or
on your behalf or on behalf of your Authorized Users or others
receiving installations of the Software delivered to you (for
example, but not limited to, failure to pay credit card
balances for tickets purchased by you or by unregistered users
of licensed Software delivered to you or copies thereof,
whether or not you authorized such copies; cancellation fees
or fees for unused space resulting from speculative bookings
and reservations using licensed Software delivered to you or
copies thereof, whether or not you authorized such copies and
whether or not such bookings or reservations are made by you).
You will advise all persons, whom you allow to have access to
the Software or to any United Connection services, of the
contents of this License Agreement and will take all
precautions necessary to prevent unauthorized or improper
access, operation or use of the Software (including copies
thereof, however and by whomever made) and any United
Connection services and to prevent damage to or loss of the
Software and any United Connection services.

9.    LIABILITY FOR DAMAGES TO NETWORKS.

You, by using the Software and any United Connection services,
hereby agree unconditionally that you shall be fully
responsible for, and shall hold harmless United, Galileo
International Partnership, Official Airline Guides, and all
other suppliers and licensors, from any damages to any
communications network or service, whether common carrier or
private network or service, caused by your use of the Software
(including use by Authorized Users, unregistered users and
other persons) and any United Connection services,whether such
use is authorized or not authorized by the terms of this
License Agreement.

10.    U.S. GOVERNMENT RESTRICTED RIGHTS.

The Software and documentation are provided with RESTRICTED
RIGHTS.  Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or in subparagraphs
(c)(1) and (c)(2)(i)-(iii) and (vi) of the Commercial Computer
Software--Restricted Rights at 48 CFR 52.227-19, as
applicable.

11.    RESERVATION OF RIGHTS.

You understand and agree that United may, in its sole
judgment, modify, restrict or terminate United Connection
services or your access to United Connection services, without
any liability or notice, which such modification, restriction
or termination may be exercised at any time and from time to
time and without refund of any paid-up license fees.  This
License Agreement and any modifications thereto is not
intended to, and shall not, modify, amend, or nullify any
Contract of Carriage, United Tariff, frequent flyer program
rule, or other agreement, that may apply to the use of the
Software or any United Connection services, whether such use
is authorized or not authorized by the terms of this License
Agreement.  Use of United Connection services under your
registration will constitute (i) express approval by you for
United's lawful use and disclosure of your personal
information for purposes of solicitations, promotions and
marketing programs, without further approval or notification,
(ii) your understanding that neither you nor any of your
Authorized Users has any expectation of privacy resulting from
the use of United Connection services, and (iii) your
agreement not to infringe upon, or permit any of your
Authorized Users to infringe upon, any copyright or other
proprietary right, as a result of the the use of United
Connection services.  This license is effective from the
moment the Software packets are opened (and in the case of
each installation made on another personal computer, the
moment the installation is performed) and remains in force
until terminated.  You may terminate the license any time by
destroying the Software and its documentation, together with
all installed versions and copies that may have access to
United Connection services under your registration.  You are
responsible for notifying the United Connection Support Desk
to request the termination of your registration; and, until
you do so, you will continue to receive and must pay any
service bills for all service received by all persons under
your registration prior to termination (in addition to any
other unpaid balance).

12.    RETURN REFUND POLICY.

[Applicable Only To United Connection Software Holders Who
Have Not Registered For Access To United Connection Services]
If you return, at your shipping expense, the undamaged and
unaltered, complete set of United Connection diskettes
(including all copies thereof), together with all original
associated documents, packaging and other materials (including
the purchase receipt), to the address set forth below, to be
received not later than forty-five (45) days after the
purchase and you request therein the refund of any price you
paid to United for these materials, a full refund will be
provided to you.  Send your request to:  United Connection -
WHQUF, 1200 E. Algonquin Road, Elk Grove Township, Illinois
60007.

13.    ENTIRE AGREEMENT.

Upon any use of the Software, you agree that this License
Agreement constitutes the entire agreement and understanding
between you and United concerning access to and use of the
Software and United Connection services, and supersedes all
prior understandings, representations and agreements, whether
written or oral, relating to the subject matter of this
License Agreement.


14.    CONTACTS.

If you acquired the Software in the United States, this
Agreement is governed by the laws of the state of Illinois.
If the Software was acquired outside the United States, then
local law might apply. You have no rights to improperly
acquired Software.  Should you have any questions concerning
this License Agreement, or if you desire to contact United for
any reason, please contact the United office referenced in the
United Connection user manuals or guides.