Important information, rights, obligations, restrictions, limitations and warranty disclaimers 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 license agreement between you and United Airlines. Before continuing, read the entire licensing agreement below.
("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 ANY AND ALL DISKETTES, AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND ANY BINDERS OR OTHER CONTAINERS), TO THE ADDRESS SET FORTH BELOW, AND DEINSTALL/DELETE ALL DOWNLOADED COPIES OF THE SOFTWARE.
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 (whether you have or have not purchased the media containing the Software) 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, logo, 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 development, 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, networking not authorized by United, 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 at the address set forth below.
4. DUAL MEDIA SOFTWARE.
You may, for example, 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, United Connection services, 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 thereby 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 jurisdictions 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 may return promptly all damaged or malfunctioning Software to United and will otherwise deinstall/delete all downloaded copies of the Software, 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 you authorized or did not authorize 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; lost ticket application fees when the loss was not clearly caused by United). 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 and any United Connection services (including use by Authorized Users, unregistered users and other persons), whether such use is authorized or not authorized by the terms of this License Agreement.
10. EXPORT CONTROLS.
Although the Software has been approved for export by the U.S. government, none of the Software or underlying information or technology may be downloaded or otherwise exported or reexported by you (i) into (or to a national or resident of) Cuba, Iraq, Libya, Serbia, Montenegro, North Korea, Iran, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury DepartmentÆs List of Specially Designated Nationals or the U.S. Commerce DepartmentÆs Table of Deny Orders, as such countries, lists and orders may be amended or modified from time to time. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national of any such country or on any such list.
11. 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.
12. 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 use of United Connection services. This license is effective from the moment Software (i) packets are opened or (ii) is downloaded online to a personal computer (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 through which others 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 (in addition to any other unpaid balance) for all service received by all persons under your registration prior to termination.
13. RETURN REFUND POLICY.
[Applicable Only To United Connection Software Diskette or CD-ROM 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 or CD-ROM devices (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.
14. 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.
15. 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.
