TERMS OF SERVICE FOR TRAVELPORT TEST SYSTEM ACCESS
BY ACCESSING OR OTHERWISE USING TRAVELPORT'S TEST SYSTEM YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE. If you do not agree to these Terms of Service, then you are not authorized to access or make use of the System.
These Terms of Service comprise a legal agreement between you and Travelport, and govern your use of the System.
Test System access excludes certain functionality that is available on Travelport's production systems. You may not retain any data from a session.
SOFTWARE DEVELOPMENT KIT:
You agree that neither you nor your employees, officers, subcontractors, representatives, suppliers, or directors will disclose, convey, or in any other manner make available to any third party any Confidential Information of Travelport. You shall protect the Confidential Information using at least the same level of care that you use to protect your own proprietary information of a similar nature, but in no event shall you use less than reasonable care in protecting Travelport's Confidential Information. Confidential Information means information and materials about Travelport or its Systems, including, but not limited to, the SDK, data schemas, sample software code, System functionality, technology.
- You will not use this System for any purpose that is unlawful, or prohibited by these Terms of Service; and - You will not interfere with or disrupt the System or servers or any network connected to the System.
Travelport shall have the right to terminate your access to the System, without notice at any time, if any representation warranty made by you proves to be untrue in any respect. You agree that you will defend and indemnify.
LIMITATIONS OF LIABILITY AND DISCLAIMERS:
Your access to and use of the System is at your own risk. Travelport makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness, or availability of the System. Without limiting the foregoing, NEITHER TRAVELPORT NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE SYSTEM FOR ANY PURPOSE. THE SYSTEM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRAVELPORT AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE SYSTEM, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL TRAVELPORT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION: DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM; OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRAVELPORT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.
These Terms of Service are governed by the laws of the State of Georgia, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Fulton County, Georgia, USA in all disputes arising out of or relating to the use of the System. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. Unless otherwise specified herein, these Terms of Service, and the SDK License Agreement constitute your entire agreement with Travelport with respect to the System and the SDK, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Travelport with respect to the System and the SDK. Any rights not expressly granted herein are reserved by Travelport.