Your access to and use of the TravelText service (including but not limited to: partners, web services, integrated services, software services, referral partners, agents, travel or booking agencies, re-sellers, affiliates, and any related technology used), (the "Service") is subject to the terms and conditions below (the "Agreement"). You acknowledge that the service requires the use of certain Web Services, and that the credentials used to activate and access the Service belong to you and no one else.
NOTE: REGIONAL INFORMATION PRESENTED BELOW FOR SUBSCRIPTIONS ISSUED IN: NORWAY
DENNE LISENSAVTALEN ER HELHETLIG UTFORMET I ENGELSK.
DERSOM DU IKKE GODKJENNER VILKÅRENE FOR SPRÅKET ELLER INNHOLDET I LISENSAVTALEN OG IKKE VIL BLI BUNDET AV DISSE SKAL DU IKKE ANVENDE PRODUKTET ELLER AKSEPTERE VILKÅRENE FOR AKSESS AV DENNE TJENESTEN.
Subject to payment of the applicable license and other requisite fees, TravelText, AS ("TravelText") grants to you a non-exclusive, non-transferable, non-sub licensable limited license for the term and subscription activated to access and use the Service. This license is limited to your internal business use and that of your employer and may not be used or shared with any other person or party. The license is only valid for the term and subscription that has been activated and paid for by you or your authorized employer. You or your employer are responsible for the recurring monthly charges or annual fees and other fees associated with the term and subscription activated.
You acknowledge that the Service is provided under a license and is not sold. You do not acquire any ownership interest in the Service, or any other rights, except for the right to access and use the Service in accordance with the terms and conditions of this license. TravelText owns all right, title and interest in any and all intellectual property and proprietary rights in the Service, including but not limited to any computer programs and related technology. You may not remove any copyright or trademark notices from the Service and you must reproduce the notices contained in the Service on any copy of materials that are made using the Service. You expressly agree that you may not adopt, use or register any trademark, trade name or other marketing name of TravelText or any of its affiliates, nor any confusingly similar trademark, trade name or marketing name.
Unless specified otherwise (for example under any free initial service, corporate license or subscriptions through third party resellers), all fees are payable in advance in accordance with the term and subscription activated and all such fees are nonrefundable. You are responsible for any third party fees necessary to access and use the Service, including but not limited to carrier imposed fees for multimedia messaging service (MMS) and short message service (SMS) messages sent to or received by the Service.
This Agreement remains in effect for the relevant term and subscription selected, activated and purchased, unless earlier terminated or extended by TravelText. TravelText may terminate this license if you are no longer authorized to use the Service, part of the service, or breach this Agreement. Upon termination, you must immediately cease any further use of the Service.
THE SERVICE IS PROVIDED "AS IS". TRAVELTEXT DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFICIENCIES OR ERRORS ARE CAPABLE OF BEING CORRECTED. ALL WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You are responsible and liable for all uses of the Service, including but not limited to, any third party travel agencies accessed through (or referred to), software partners, or any governing regional laws, and without limiting the generality of the foregoing, you are responsible and liable for all actions and failures to take required actions with respect to the Service by any other person to whom you may provide access to or use of the Service, whether such access or use is permitted by or in violation of this Agreement.
You will indemnify and defend TravelText and its directors, officers, employees, representatives, partners, affiliates, re-sellers and agents, from and against any and all claims, losses, damages and expenses, including attorney fees, arising from a third party claim against TravelText or its representatives, to the extent that such third party claim is based upon your breach of any term, condition, or warranty set forth in this license.
IN NO EVENT SHALL TRAVELTEXT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR CONTINGENT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS INCURRED BY YOU OR ANY OTHER THIRD PARTY. THIS NON-LIABILITY FOR DAMAGES APPLIES WHETHER IN AN ACTION BASED ON CONTRACT, TORT OR ANY OTHER SUCH THEORY, EVEN IF TRAVELTEXT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Neither party shall be deemed, by any act or omission, to have waived any of its rights or remedies unless such waiver is in writing. Waiver as to one event shall not be construed as waiver of any right or remedy as it relates to any other event. The laws of the country of Norway and applicable Norwegian statutes and laws govern this Agreement. The parties agree that any legal action arising under or relating to this Agreement must be maintained in the courts located in Sandnes, Rogaland, Norway.