International Travel Reporter 1

EULA - End User License Agreement

SOFTWARE LICENSE AGREEMENT AND WARRANTY STATEMENT

Software: International Travel Reporter
Author: M. Le Queux
E-mail: support@internationaltravelreporter.com
Web: http://www.internationaltravelreporter.com
Copyright: (c) 2011, Inigo Software Limited. All rights reserved.

WARNING: Using this Software may change either the the structure of the database it connects to, or the data within this database. You do so entirely at your own risk and in agreement with the terms below. If You are unsure of what this entails, it is suggested that You exit this Software application immediately.

INIGO SOFTWARE LIMITED (LICENSOR) IS WILLING TO LICENSE THE SOFTWARE TO YOU (YOU) ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE, AS INSTALLING THE SOFTWARE WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU DO NOT AGREE WITH THESE TERMS, THEN LICENSOR IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD REMOVE THE SOFTWARE IF IT HAS BEEN INSTALLED.

1. The Software.
The Software licensed under this Agreement consists of computer programs, data compilation(s), and documentation referred to as International Travel Reporter (the "Software").

2. License Grant.
The Software is licensed and not sold. LICENSOR grants you a non-exclusive license to use this SOFTWARE, and any associated documentation, as indicated herein. If you have purchased a Single User License, one copy of the SOFTWARE may be used, for internal use only, by you. If you have purchased multiple User Licenses, the SOFTWARE may be used, for internal purposes only, by the number of USERS not exceeding the number of licences purchased. The SOFTWARE is in "use" by a USER when it has been loaded into the temporary memory (i.e. RAM) of the USER''s computer.

3. Use.
You MAY: (a) use the SOFTWARE in a company, corporate or organization; (b) use reports created with the SOFTWARE for commercial purposes; (c) make a copy of the SOFTWARE for archival purpose only; (d) install the SOFTWARE on another computer only if the you change workstations. In such a case the you must uninstall the software from the previous workstation; (e) install the SOFTWARE on a second personal computer, such as a laptop or a home computer, only if you are the main person to use this computer.

4. Restrictions.
You MAY NOT: (a) copy and distribute the SOFTWARE or any portion of it; (b) sublicense, lease, rent, or transfer this SOFTWARE to another; (c) cause or permit reverse engineering, disassembly, decompilation or alteration of this SOFTWARE; (d) remove any product identification, copyright notices, or other notices or proprietary restrictions from this SOFTWARE; (e) copy the documentation accompanying the SOFTWARE.

5. Term
This License is effective until terminated. You may terminate it at any time by destroying the SOFTWARE, together with all copies thereof. This License will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the SOFTWARE, together with all copies thereof.

6. Ownership. LICENSOR and its suppliers own the Software and all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software''s design and coding methodology. The Software is protected by UK copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. LICENSOR PROVIDES THE SOFTWARE "AS-IS." LICENSOR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LICENSOR SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORISED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and You may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts.

INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL LICENSOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, DAMAGES TO OR LOSS OF DATA OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN NO EVENT SHALL LICENSOR''S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF ZERO POUNDS STERLING AS THE SOFTWARE IS FREEWARE.

EXPORT CONTROLS. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Software from the U.S. Neither the Software nor the underlying information or technology may be electronically transmitted or otherwise exported or re-exported (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions covering the Software, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department''s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department''s Table of Denial Orders. By downloading or using the Software, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions.

LICENSEE OUTSIDE THE U.S. If You are located outside the U.S., then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); and (ii) You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and You represent that You have complied with any regulations or registration procedures required by applicable law to make this license enforceable.

MISCELLANEOUS. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the United Kingdom, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English and English is its controlling language.

U.S. GOVERNMENT END USERS. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Inigo Software Limited, The Mill, Kingsteignton Rd, Newton Abbot, TQ12 2QA. England.