You represent that you are of sufficient legal age to create binding legal obligations for any liability you or the company you represent may incur as a result of the use of the Sabre Platform site. If you use the Sabre Platform site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You understand that you are responsible for all uses of the Sabre Platform site and APIs by you and those using your login information.
YOU ACKNOWLEDGE YOUR AGREEMENT AND INTENT TO BIND YOURSELF AND YOUR EMPLOYER OR THE COMPANY YOU REPRESENT, WHERE APPLICABLE, BY THESE ELECTRONIC TERMS, TERMS RELATED TO PURCHASE HEREUNDER, INCLUDING PAYMENT FOR SUCH PURCHASES, YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Site Ownership. Sabre is the provider of the Sabre Platform site which permits you to obtain information about certain software applications and services to be utilized with the Sabre global distribution system (“Sabre System”) and/or the Sabre Red Workspace for uses authorized under customer agreements between Sabre customers and Sabre. The web sites and applications comprising a part of the Sabre Platform site, and each of their modules, together with the arrangement and compilation of the content found on such sites and applications, are the copyrighted property of Sabre Inc. (together with its corporate affiliates, "Sabre") and/or its third party suppliers and content providers ("Third Party Suppliers"). Certain data relating to schedules is the copyrighted work of third party information providers. In addition, the trademarks, logos and service marks displayed (collectively, the "Trademarks") are registered and common law Trademarks of Sabre and/or its Third Party Suppliers. No license or right to use any of the Trademarks without the written permission of Sabre, or such other party that may own the Trademarks, is granted or should be implied. The Sabre Platform site and the content provided thereby, including text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Sabre, and/or its Third Party Suppliers. The use of such materials on any other web site, application or in any environment of networked computers is prohibited. Unauthorized use of the Sabre Platform site and/or the materials provided thereby may violate applicable copyright, trademark or other intellectual property laws or other laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Sabre Platform site. Sabre may also provide you access to certain confidential information, including without limitation APIs and technical documentation, which you agree shall remain Sabre’s confidential information (the “Confidential Information”), that you will only use it for the purposes disclosed and that it shall not be disclosed by you to any third party, You further agree not to will use, sell, sublicense, transfer, publish, disclose, display, or otherwise make available to others, except as authorized in this Agreement, the Confidential Information or any other material relating to the Confidential Information; nor will you permit your officers, employees, agents, contractors or subcontractors to divulge the Confidential Information without Sabre’s prior written consent.
- share software or documentation licensed to you through the Sabre Platform site with any other third party/person unless expressly authorized under the license terms for such application;
- utilize the Sabre Platform site or its services outside of the authorized territories stated herein;
- use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content making a part of the Sabre Platform site, in any case without the prior written consent of Sabre;
- copy, circumvent, reverse engineer, decompile, disassemble, or otherwise violate the usage terms or ownership rights of the Sabre Platform site, related information, or any APIs;
- utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that frames, modifies or adds content to the layout, design, or content of any web page or application making up a part of the Sabre Platform site;
- transmit or otherwise transfer any web pages, data or content making a part of the Sabre Platform site to any other computer, server, web site, application or other medium for mass distribution or for use in any commercial enterprise;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Sabre Platform site;
- take any action that imposes a burden or load on the Sabre Platform site or any other Sabre infrastructure that Sabre deems in its sole discretion to be unreasonable or disproportionate to the benefits Sabre obtains from your use of the Sabre Platform site; or
- post or transmit via the Sabre Platform site (a) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane information or material, (b) any information or material that (i) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, (ii) infringes the rights of others or violates their privacy or publicity rights, (iii) is protected by copyright, trademark or other proprietary right (unless with the express written permission of the owner of such right), (iv) contains a virus, bug or other harmful item, or (v) is used to unlawfully collude against another person in restraint of trade or competition.
To the extent you are allowed access to any application program interface(s) (“API”s) or Sabre API specifications, which may include specification documentation, associated media, printed or electronic materials, and online materials and data (collectively, "API Specifications") you agree to use the API Specifications only for the following purpose: as necessary for educating yourself about Sabre’s technology and testing within (and only within) the sandbox test environment of functions or applications developed by you, all of which shall be subject to the limitations and conditions described herein. Sabre reserves the right, at its sole discretion, to change or otherwise modify the API Specifications and/or Sabre services at any time without prior notice. You warrant that your use of the APIs and Sabre services complies with all applicable law and is not designed or intended to harm the systems or business of Sabre or its customers.
In its sole discretion, in addition to any other rights or remedies available to Sabre and without any liability whatsoever, Sabre at any time and without notice may terminate or restrict your access to the Sabre Platform site. If you have been notified by Sabre that you are prohibited from using the Sabre Platform site, then notwithstanding the foregoing you have no license to use the Sabre Platform site and any access by you or on your behalf shall be unauthorized and unlawful. Sabre may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used by you with the Sabre Platform site, or in any other reasonable manner. Sabre reserves the right to cancel any and all licenses you have been granted via the Sabre Platform site after you have been prohibited from using the Sabre Platform site, with no liability whatsoever to you.
Nothing in this Agreement gives you the right to utilize the Sabre Platform where such use is prohibited by law or regulation.
The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices and counter-notices with respect to the site should be sent to Sabre Inc., 3150 Sabre Drive, Southlake, TX 76092, Attn: General Counsel. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
NEITHER SABRE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKE ANY WARRANTY OF ANY KIND REGARDING THE SABRE PLATFORM SITE AND/OR ANY MATERIALS PROVIDED VIA THE SABRE PLATFORM SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. NEITHER SABRE NOR ANY OF ITS THIRD PARTY SUPPLIERS WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA PROVIDED VIA THE SABRE PLATFORM SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER SABRE NOR ANY OF ITS THIRD PARTY SUPPLIERS WARRANT THAT THE SABRE PLATFORM SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY BY STATE OR COUNTRY.
THE SABRE PLATFORM SITE PROVIDES LINKS TO OTHER WEB SITES WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY SABRE OR ITS THIRD PARTY SUPPLIERS OF THE CONTENTS OF SUCH OTHER WEB SITES OR THE GOODS OR SERVICES PROVIDED THEREON. NEITHER SABRE NOR ANY THIRD PARTY SUPPLIER SHALL BE RESPONSIBLE FOR THE CONTENT OF ANY OTHER WEB SITES AND MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY OTHER WEB SITES OR THE CONTENTS OR MATERIALS ON SUCH WEB SITES OR THE GOODS OR SERVICES PROVIDED THEREON. IF YOU DECIDE TO ACCESS OTHER WEB SITES, OR TO USE SUCH GOODS OR SERVICES, YOU DO SO AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT SABRE MAY MODIFY THE SABRE RED WORKSPACE AT ANY TIME AND SUCH MODIFICATION MAY CREATE TECHNICAL ISSUES WITH APPLICATIONS YOU HAVE DEVELOPED, INCLUDING RENDERING THEM UNUSABLE UNTIL SUCH TIME AS YOU HAVE MODIFIED THE APPLICATION FOR USE WITH THE MODIFIED SABRE RED WORKSPACE AND YOU AGREE THAT SABRE SHALL HAVE NO LIABILITY FOR SUCH.
SABRE ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR USE OF, THE SABRE PLATFORM SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SABRE PLATFORM SITE.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL SABRE, IN NO EVENT SHALL SABRE OR ANY OF ITS THIRD PARTY SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SABRE PLATFORM SITE OR CONTENT FOUND THEREIN OR APPLICATIONS OR SERVICES PURCHASED AS A RESULT OF USE THEREOF, (II) ANY FAILURE OR DELAY, OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY SABRE OR ANY OF ITS THIRD PARTY SUPPLIERS, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
SABRE SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND OF PAYMENTS MADE FOR APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTY SUPPLIERS IN ANY EVENT, NOR WILL SABRE BE LIABLE FOR ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IF, NOTWITHSTANDING THE FOREGOING, SABRE OR ANY THIRD PARTY SUPPLIER SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE DESCRIBED FUNCTIONS OR USES OF THE SABRE PLATFORM SITE OR ITS CONTENT, THE LIABILITY OF SABRE AND THE THIRD PARTY SUPPLIERS SHALL IN NO EVENT EXCEED FIVE HUNDRED ($500), IN THE AGGREGATE.
You shall defend and indemnify Sabre and any Third Party Suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Sabre Platform site (including without limitation any violation by you of these terms and conditions, any law or the rights of a third party).
- Submission to Jurisdiction in Texas - You agree that unless otherwise mutually agreed by the parties in writing or as described in the Mandatory Arbitration subsection below, any Claims shall be brought in the state or federal courts located in Tarrant County, the State of Texas, United States of America. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.
- Improperly Filed Claims - All Claims you bring against Sabre must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed and void. Should you file a Claim contrary to the Resolution of Disputes Section, Sabre may recover attorneys' fees and costs, provided that Sabre has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Sabre reserves the right to modify, suspend or discontinue the Sabre Platform site services or any part thereof at any time with or without notice to you without liability to you. Additionally, you acknowledge and agree that Sabre may suspend or deactivate any application which violates the API specifications or other technical specifications and documentation, or creates technical issues, unauthorized usage, any impairment of Sabre System integrity or usage or any other user’s access to or operation of the Sabre System, including, but not limited to:
- Application stops responding
- Application causes Sabre Red Workspace or it’s plugins to freeze or shut down
- Application causes issues by utilizing too much memory or percentage of CPU capacity
- Application causes problems or heavy traffic to sabre server side systems
- Application uses provided API against authorized purpose or design
- Application creates legal compliance issues
- Application contains malicious code such as spyware
Additional terms and conditions of Sabre and/or its Third Party Suppliers may apply to applications purchased through or as a result of the use of the Sabre Platform site. You agree to abide by any such additional terms and conditions and you understand that if you violate any such terms and conditions, it may result in your being denied access to the applicable application or services, or in other liability to the provider of such application or services.