Travelocity Desktop FareWatcher User Agreement

END USER LICENSE AGREEMENT

IMPORTANT: This is a legal agreement between you and Travelocity.com LP ("Travelocity"). By installing or copying TRAVELOCITY DESKTOP FAREWATCHER® (the "Software") and receiving information regarding TRAVELOCITY® services and products ("Travelocity Information") you accept the Software and agree to be legally bound by the terms and conditions contained in this End User License Agreement ("Agreement"). If you do not agree to be bound by this Agreement, then do not install or copy the Software.

Your Right to Use the Software

You may download this copyrighted Software for your personal and non-commercial use only. Travelocity grants to you a nonexclusive, limited, non-perpetual, single user license. Travelocity may change, update, modify the Software or terminate your use of the Software or terminate the Software at any time. Travelocity may access your computer to perform maintenance on the Software and to install updates. These updates are also governed by this Agreement. Travelocity's Software and Travelocity Information are made available to you solely to enable you to learn about, evaluate, or purchase services and products available on Travelocity's Web sites. Except in connection with your authorized use of the Software, you may not copy, modify, display, license, distribute, transmit, re-post, or download the Travelocity Information without Travelocity's written consent. You may not use the Software to make any speculative or false reservations. You may not use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which does similar things, to access, acquire, copy, or monitor any portion of the Software or any Travelocity Information. You may not alter, merge, modify, create derivative works from, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. When you use the Software or Travelocity Information for an authorized purpose, you should include all proprietary notices without changing or hiding them. As a condition of your use of the Software, you agree that you will not use the Software or Travelocity Information for any purpose that is unlawful or prohibited by these terms and conditions. In the event that you fail to comply with this Agreement, Travelocity may terminate the license granted to you, and you must destroy all copies of the Software.

Intellectual Property Rights

The foregoing license gives you a limited license to use the Software. Travelocity and its affiliates and suppliers retain all copyright and intellectual property rights in and to the Software. Travelocity or one of its affiliated companies either owns or has the right to use any trademarks or intellectual property appearing in connection with the use of the Software. All rights not specifically granted in this Agreement, including United States and International copyrights, are reserved by Travelocity, its affiliates and its suppliers.

Anti-virus Protection

You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs and other routines that could damage, disrupt, or destroy your computer functionality should such routine be inadvertently transferred to your computer by using the Software.

Privacy

As a Travelocity user, you are in control of all your travel-planning. We know you want to remain in control of your personal information as well. As one of the pioneers in online travel, we realize that earning and retaining your trust is of paramount importance and it's a responsibility we take very seriously, every day.

That's why we are providing you with a link to our Privacy Policy, which sets forth our policies regarding the collection, use and protection of the personal information of those using the Travelocity Web site. Personal information means information that can be linked to a specific individual, such as name, address, telephone number, e-mail address and credit card number. Please note that the Software does not collect personal information. Information collected by the Software includes your preferred origin and destination airports. However, if you use the Travelocity Web site, we may collect personal information.

We encourage you to review our Privacy Policy, and become familiar with it, but you should know that we do not sell or rent our customers' personal information to third parties. Click here for a link to our Privacy Policy.

Disclaimer of Warranties and Limitation of Liability

YOU AGREE TO ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. TRAVELOCITY PROVIDES THE SOFTWARE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. TRAVELOCITY MAKES NO WARRANTY AS TO THE CONTENT, ACCURACY, SUITABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION THAT WE PROVIDE YOU NOR THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

TRAVELOCITY WILL HAVE NO LIABILITY FOR DAMAGE TO YOUR COMPUTER OR TO ANY DATA OR OTHER SOFTWARE ON YOUR COMPUTER RESULTING FROM THE USE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAVELOCITY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF THE INFORMATION PROVIDED, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL TRAVELOCITY OR ITS OFFICERS, EMPLOYEES AND DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER RESULTING FROM THE DAMAGES, LOSS OF USE, DATA OR PROFITS, ARISING FROM THE USE OF THE SOFTWARE, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, WHETHER OR NOT TRAVELOCITY HAS BEEN INFORMED OF THIE POSSIBLITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR SOME TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

The Disclaimer of Warranties and Limitation of Liability set forth above are fundamental elements of the basis of the agreement between Travelocity and you. Travelocity would not be able to provide the Software on an economic basis without such provisions.

Uninstall

You may uninstall the Software and terminate this Agreement at any time. You may not retain any copies of the Software if you perform an uninstall procedure. If you uninstall the Software, you will cease to receive the services provided by the Software. If you uninstall the Software, this Agreement will automatically terminate, except that the provisions under "Your Right to Use the Software", "Disclaimer of Warranties and Limitation of Liability", "Uninstall", "Indemnification", and "Miscellaneous" shall survive and continue in full force and effect.

Indemnification

You agree to indemnify, hold harmless, and defend Travelocity from and against any loss, damage, claims or lawsuits, including attorneys' fees, that arise or result from your use or distribution of the Software in violation of this Agreement.

Miscellaneous

This "End User License Agreement" is the complete and exclusive agreement between the parties with respect to the use of the Software. This Agreement shall be governed by the laws of the State of Texas without regard to conflicts of laws provisions that would result in the application of the laws of any other jurisdiction. You consent to the exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas. You agree that this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. If any provision of this Agreement shall be held to be unenforceable or otherwise contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.

TRAVELOCITY and FAREWATCHER are registered trademarks of Travelocity.com LP.