Product License Agreement / Terms & Conditions
Version: 2024-09-11
Product License Agreement | Terms & Conditions
PRODUCT LICENSE AGREEMENT
AIR TRANSPORT ASSOCIATION OF AMERICA, INC. ("ATA")
d/b/a Airlines for America (“A4A”)
IMPORTANT -- PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE USING THIS DOCUMENT
YOU AGREE TO BE BOUND BY THE TERMS OF, AND BECOME PARTY TO, THIS AGREEMENT. THIS AGREEMENT IS APPLICABLE TO THE ACCOMPANYING MERCHANDISE (THE "MERCHANDISE"), THE INFORMATION RESIDING THEREON OR ON INTERNET WEB SITES ACCESSIBLE EXCLUSIVELY VIA LINKS FROM THE MERCHANDISE (THE "CONTENT") AND ANY RELATED SOFTWARE (COLLECTIVELY, THE "LICENSED PRODUCT"). IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF AND BECOME PARTY TO, THIS AGREEMENT, YOU CANNOT USE ANY PART OF THIS DOCUMENT AND CANNOT SHARE IT WITH OR FORWARD IT TO ANY OTHER PERSON OR ENTITY.
IMPORTANT INFORMATION
The Licensed Product contains specifications, practices and other information relating to the covered topics. ATA does not mandate the use of all or any part of the Licensed Product and your decision to use the Licensed Product is entirely voluntary, your decision and at your own risk. You may choose to use the Content in whole, in part, or not at all.
There may be practices, standards and/or governmental requirements applicable to your operations that exceed, or vary from, the Licensed Product. You are solely responsible for determining if such practices, standards or regulatory requirements exist and whether they apply to your activities, and for complying with those that are applicable. Such practices, standards and regulatory requirements can change significantly over time. Unless ATA expressly states otherwise in writing, nothing in this Agreement shall be interpreted as requiring ATA to provide you with updates, revisions, or information about any development or action affecting the Licensed Product.
The Licensed Product has been compiled by ATA and/or its licensors. ATA and/or its licensors reserve title to and ownership of the Licensed Product and all copyrights and any other intellectual property rights in it.
DESCRIPTION OF LICENSE
Upon your acceptance of this Agreement, you will be permitted to access the information for which you have obtained the license described and limited below.
The extent of permissible access to the Licensed Product to you and within your company depends on the type of Licensed Product that ATA has provided to you. All employees using the Licensed Product shall be bound by all the provisions of this Agreement. Access is as follows:
- If you purchased the Licensed Product for individual use (“single-user”), access to the Licensed Product shall be limited to employees in your company, not to any third parties, and only one concurrent user.
- If you purchased the Licensed Product for multiple person use (“multi-user”), you can allow access to the Licensed Product to employees within your company, not to any third parties, and have multiple concurrent users.
- Single user and multi-user employees may use the Licensed Product for the internal business purposes of your company, and each may print a single copy of any Licensed Product for purposes of designing, structuring or modifying any of your company's products or services as authorized below.
The license that this Agreement provides you is subject to any applicable payment and is non-exclusive, non- transferable and worldwide. ATA can terminate this license if you materially fail to comply with the terms of this Agreement. Upon termination by ATA, you agree to return to ATA or certify the destruction of all copies of the Licensed Product in your company or your company’s possession.
This Agreement does not authorize you to, and you shall not:
- Alter, modify, translate, adapt or create derivative works based on the Licensed Product or any related software. Notwithstanding the foregoing prohibition, you may include or apply elements of the Licensed Product in a work that you exclusively produce.
- Use the Licensed Product on any unsecured network or permit any third party to access or use of the Licensed Product except as expressly permitted in this Agreement or in a separate agreement.
- Use the Licensed Product or any part thereof in any manner that infringes the intellectual property or other rights of another entity or person, including ATA.
- Sublicense or assign this
- Indicate that ATA endorses, approves, or certifies your application of the Licensed Product, including, without limiting the generality of the foregoing prohibition, your use of specifications contained in the Licensed
ATA CREDIT
If the Licensed Product is used to design, structure or modify any of your or your company's products or services, you must reference, in a commercially reasonable location, the fact that the Licensed Product has been so used.
LIMITED WARRANTY
ATA warrants that at the time of delivery, THE LICENSED PRODUCT will be free from defects in materials and workmanship. In the event of a breach of the foregoing warranty, as your sole and exclusive remedy and ATA's sole liability, ATA will replace any LICENSED PRODUCT having defects in materials or workmanship at no charge, provided you inform ATA within 30 days after your receipt of the Licensed Product.
WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY STATED ABOVE, THE LICENSED PRODUCT IS PROVIDED "AS IS" AND ATA HEREBY EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF AND ALL PERSONS WHO CONTRIBUTED TO THE CREATION, PUBLICATION, REVISION AND/OR MAINTENANCE OF THE LICENSED PRODUCT, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER ATA NOR ANY PERSON WHO CONTRIBUTED TO THE CREATION, PUBLICATION, REVISION OR MAINTENANCE OF THE LICENSED PRODUCT WARRANTS THAT THE LICENSED PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED PRODUCT WILL BE ERROR FREE, OR THAT IT IS ACCURATE, COMPLETE, CURRENT OR RELIABLE.
LIMITATION OF LIABILITY
IN NO EVENT WILL ATA OR ANY PERSON WHO CONTRIBUTED TO THE CREATION, PUBLICATION, REVISION, OR MAINTENANCE OF THE LICENSED PRODUCT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE LICENSED PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING LIMITATIONS OF LIABILITY, NEITHER ATA NOR ANY PERSON WHO CONTRIBUTED TO THE CREATION, PUBLICATION, REVISION, OR MAINTENANCE OF THE LICENSED PRODUCT IS RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF THE USE OF THE LICENSED PRODUCT, LOSS OF DATA, OR THE COST OF ANY SUBSTITUTE PRODUCT. IN NO CASE SHALL THE AGGREGATE LIABILITY OF ATA AND ALL PERSONS WHO CONTRIBUTED TO THE CREATION, PUBLICATION, REVISION, OR MAINTENANCE OF THE LICENSED PRODUCT EXCEED THE PRICE YOU PAID TO PURCHASE THE LICENSED PRODUCT FROM ATA. IN ADDITION, THE THIRD- PARTY PUBLISHER OF THE LICENSED PRODUCT WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE LICENSED PRODUCT (INCLUDING DATA LOSS OR CORRUPTION), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
This Agreement shall be governed in its interpretation and enforcement by the laws of the District of Columbia, without regard to choice of law principles.
This is the entire agreement between the parties about the subject matter of this Agreement. Any change to this Agreement must be in writing and agreed to by both parties.
Comments about or suggested changes to the Licensed Product should be sent to:
Publications Department
Air Transport Association of America, Inc.
1275 Pennsylvania Avenue, NW, Suite 1300
Washington, DC 20004-1707 USA
Or
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO IT, AND THAT YOU HAVE THE AUTHORITY TO AGREE TO IT ON BEHALF OF YOUR COMPANY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF, AND BECOME PARTY TO THIS AGREEMENT, YOU CANNOT USE ANY PART OF THIS DOCUMENT AND CANNOT SHARE IT WITH OR FORWARD IT TO ANY OTHER PERSON OR ENTITY.
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TERMS & CONDITIONS
A4A Member Discounts
Discounts are provided to air carrier members of Airlines for America (A4A). See member list. To obtain a special discount code for member pricing, please send a request from your company issued e-mail address to pubs@airlines.org.
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