RTP|Connect for Inntopia, RTP|ONE Itinerary and ACTIVE Yield
Licenses for “RTP|Connect for Inntopia,” “RTP|ONE Itinerary” and “ACTIVE Yield” provide the applicable Client the right to use RTP|Connect strictly with RTP|ONE Itinerary and Active Yield technologies, also known as Inntopia’s Itinerary and YieldView, respectively. If the use of RTP|Connect is expanded beyond these technologies, then a material violation has occurred and Client will be invoiced for the then list price of RTP|Connect. The Active Network, Inc. (“TAN”) shall have the right from time to time to audit Client’s compliance with the terms of this Agreement. Client shall afford TAN and its representatives, during normal business hours, upon reasonable prior notice, with access to any of Client’s information TAN deems necessary to review in order to determine such compliance.
STA and SKIDATA Products
"SKIDATA Products" means the hardware, firmware and/or software products, manufactured by SKIDATA, listed in this Purchase Order, together with all user manuals and other documents accompanying the delivery of the SKIDATA Products, provided that the SKIDATA Products shall not include software developed by TAN; "STA Products" means the hardware manufactured by STA listed in this Purchase Order, together with all user manuals and other documents accompanying the delivery of the STA Products, provided that the STA Products shall not include software developed by TAN. Any disclaimers of warranties or limitations of liability contained in the Agreement shall also directly apply to the SKIDATA Products and STA Products.
- Licensee shall be exclusively responsible for the supervision, management and control of its use of the Technology, and/or optional materials, including but not limited to:
- Providing proper equipment environment, including electrical power, telephone and data communications, counter and cabinet space, air conditioning, cleanliness, and the like;
- Assuring proper machine configuration, program installation, audit controls and operating methods;
- Establishing adequate backup plans, based on alternate procedures regarding use of the Technology in the event of a malfunction; and
- Implementing sufficient procedures and checkpoints to satisfy Licensee's requirements for security and accuracy of input and output as well as restart and recovery in the event of a malfunction.
- Licensee agrees to pay TAN all documented shipping charges incurred by TAN in support of this Agreement, including warranty service. Shipping is to be via UPS Ground for normal service, and UPS Express for emergency service.
- The SKIDATA Products are warranted by SKIDATA. During the term of the Agreement, TAN will assist Licensee in processing warranty claims against original equipment manufacturers on behalf of Licensee; this does not include shipping charges required for the return of equipment for repair.
- The STA gantries are warranted by STA. During the term of the Agreement, TAN will assist Licensee in processing warranty claims against original equipment manufacturers on behalf of Licensee; this does not include shipping charges required for the return of equipment for repair.
- In no event shall TAN be liable for any indirect, special, incidental or consequential damages arising out of the use of or the inability to use the software, hardware or documentation, even if TAN has been advised of the possibility of such damages.
- Any nonconformity resulting from Licensee's misuse, improper use, alteration, or damage of the Licensed Program or Technology, or Licensee's combining or merging the Licensed Program or Technology with any hardware or software not supplied or identified as compatible by TAN or SKIDATA shall not be considered a problem, as is described in the Agreement.
- Performance of services not included in this Agreement will be charged in accordance with TAN’s standard rates and terms then in effect. Such services include, but are not limited to:
- Cost of shipping replacement parts or upgrades to software;
- Travel and living expenses incurred while performing onsite maintenance;
- Repairs made necessary for causes other than ordinary use;
- The provision of optional retrofits;
- Replacement of missing parts unless through sole fault of TAN / SKIDATA;
- Adding or removing accessories, attachments of other devices;
- Performance of normal operator functions as described in system documentation;
- Increase in service time resulting from operator neglect or unique applications or misapplication;
- Consumable items such as printer ribbons, batteries, or print heads;
- Maintenance or support of the operating system or Technology, SKIDATA Products, or hardware malfunctions caused by or related to defects in the operating system;
- Repairs necessitated by Licensee's alteration of equipment or for the repair of unspecified accessories which may be attached to equipment.
- Any SKIDATA Product serviced or modified by persons other than authorized personnel, or unauthorized modifications made by authorized personnel, shall void any and all warranty and/or maintenance support obligations for that specific equipment. Any unauthorized modifications shall further void any other written or implied commitments of the normal function of SKIDATA Products.
- TAN shall provide Licensee with an Order Confirmation and Delivery Schedule for components of the FREEMOTION systems within fifteen (15) days of entering into this Agreement.
- Fees are based on total installed hardware/software base and are adjusted annually to reflect current configuration.
- Delivery: Actual delivery costs invoiced on shipment.
- Licensee is responsible for all applicable taxes, duties or tariffs.
- A 25% restocking fee will apply, if for any reason, any of the system components are returned.
- Gate Installation Services is an estimate for services that can be affected by a variety of variables and circumstances including resort preparedness, weather, transportation time, access to the required facilities, network access and electrical preparation. Actual services will be billed at $1,500 per resource per day for installation and $750 per resource per day for travel. Travel expenses are not included in services fees and will be billed based on actual costs incurred in addition to $100 per diem fee per resource per day for incidental expenses.
- Licensee's use of the SKIDATA Products shall be subject to the SKIDATA Conditions.