Travel$ense User's Guide (PDF, 139 MB) - NBAA

IVTRAVEL$ENSEASSUME RESPONSIBILITY FOR THE OVERALL EFFECTIVENESS AND EFFICIENCY OF THE OPERATINGENVIRONMENT IN WHICH THE TRAVEL$ENSE SOFTWARE IS TO FUNCTION.5.2 Maximum Aggregate Liability. THE LIABILITY OF THE ASSOCIATION UNDER THIS AGREEMENT,WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TOBREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE ANDSTRICT LIABILITY), SHALL IN NO EVENT EXCEED THE LICENSE FEE ACTUALLY PAID TO THEASSOCIATION BY LICENSEE FOR THE TRAVEL$ENSE SOFTWARE IN ACCORDANCE WITHSECTION 2.1 HEREOF.5.3 Acknowledgment. Licensee acknowledges that the Association has set its license fees and other prices inreliance on the disclaimers of warranty and limitations and exclusions of liability set forth in this Agreementand that the same form an essential basis of the bargain between the parties.6. GENERAL TERMS6.1 Assignment. Neither this Agreement nor any rights granted hereby may be assigned by Licensee withoutthe prior written consent of the Association. Any attempt by Licensee to assign any rights, duties orobligations without such consent shall be void and without force or effect.6.2 Governing Law. This Agreement, and any and all tort claims that may arise in connection with theTravel$ense Software and any related services, will be governed by the substantive laws of the District ofColumbia.6.3 Entire Agreement. The parties acknowledge that this Agreement, together with Exhibit A attachedhereto, sets forth the complete, exclusive and integrated understanding of the parties which supersedes allproposals or prior agreements, oral or written, and all other prior communications between the partiesrelating to the subject matter of this Agreement.EXHIBIT AScope of License: A Machine License shall be valid only to install and use the Travel$ense Software in single(one copy) installations on one (1) personal computer, which may not be connected with a network in amanner that would allow access to and use of the Travel$ense Software by other users of the network.Additional license fees must be paid to the Association if Licensee wishes to install the Travel$enseSoftware on any greater number of personal computers.A Site License is also available which permits the Licensee to install and use the Travel$ense Software on anunlimited number of personal computers which are permanently located at the authorized location specifiedbelow, so long as none of the computers on which the Travel$ense Software is installed is connected with anetwork in a manner that would allow access to and use of the Travel$ense Software by any network userswho are not physically present at the authorized location. Please call the Association at (202) 783-9000 formore information on obtaining a Site License.Travel$ense is not designed for concurrent use in a network environment.Copyright © 1999, National Business Aviation Association, Inc.