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Updated on February 16, 2024
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AUTHORIZATION TO USE SPECIFICATIONS AND DOCUMENTATION
The OpenTravel Alliance (“OpenTravel”) Message Specifications (“Specifications”), whether in paper or electronic format, are made available subject to the terms stated below. Please read the following carefully as it constitutes a binding Agreement, based on mutual consideration, on you and your company as licensee (“You”).
1. Documentation. OpenTravel provides the Specifications for voluntary use by individuals, partnerships, companies, corporations, organizations, and other entities at their own risk.; The Specifications and any OpenTravel supplied supporting information, data, or software in whatever medium in connection with the Specifications are referred to collectively as the “Documentation.”
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2.1.OpenTravel retains all of its rights, including copyrights, in and to the Documentation. OpenTravel grants to You this non-exclusive license to use the Documentation, subject to the conditions stated below. All use by You of the Documentation, and any prior versions of the Documentation, is subject to this Agreement.2.2. You may copy and download the Documentation, modify the Documentation solely to allow for implementation of Your individual or proprietary software products or services, bundle the Documentation with Your individual or proprietary software, and/or distribute and sublicense the Documentation for use in such bundled configurations.
2.3 You must reference, in a commercially reasonable location, that the OpenTravel Documentation is used in connection with Your applicable products or services, in part or in whole, whether modified or not, and subject to the terms of this Agreement. You may include truthful and accurate statements about Your relationship with OpenTravel or other use of the Documentation.
2.4. Under no circumstances may You change or modify the Specification itself, develop a new standard or specification from the Documentation, or state or imply that any of Your works, products, or services based on the Documentation are endorsed or approved by OpenTravel.
2.5. You must include the OpenTravel copyright notice in connection with any use of the Documentation. Any uses of the OpenTravel name and trademarks are subject to the terms of this Agreement and to prior review and approval by OpenTravel.
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6. Application to Successors and Assignees. This Agreement shall apply to the use of the Documentation by any of Your successors or assignees.
7. Term. The term of this Agreement shall continue, unless terminated by OpenTravel. OpenTravel may terminate this Agreement immediately upon Your breach of this Agreement and, upon such termination You will cease all use duplication, distribution, and/or exploitation of the Documentation in any manner. You agree that the terms of this Agreement shall amend and supercede any Agreement that You have previously entered with the OpenTravel regarding Documentation that You have downloaded.
8. Restricted Rights. Any Documentation that is used for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is the OpenTravel™ Alliance.
9. Interpretation and Choice of Forum. The law of the Commonwealth of Virginia and any applicable Federal law shall govern this Agreement. Any disputes arising from or relating to this Agreement shall be resolved in the courts of the Commonwealth of Virginia, including Federal courts. You consent to the jurisdiction of such courts and agree not to assert before such courts any objection to proceeding in such forum.
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11. The following terms shall have their indicated meaning:
“Compliant Portions” means those specific portions of products (hardware, software, or combinations thereof) that implement and are compliant with the OpenTravel Specifications. “Necessary Claims” means claims of a patent, patent application, or provisional patent application that (a) are owned or controlled by You and/or Your Affiliates, including, without limitation, any patent or patent application that claims the benefit of the filing date of such patents, patent applications, or provisional patent applications, and (b) are necessarily infringed by implementing all or portions of an OpenTravel Specification. A claim is necessarily infringed only when it is not possible to avoid infringing such claim because there is no technically and commercially reasonable alternative for implementing those portions of the OpenTravel Specification within the bounds of the Scope. Notwithstanding the foregoing, necessary claims do not include any claims that if licensed would require a payment of royalties by You to an unaffiliated third party unless the OpenTravel first agrees to pay any and all of such royalties. “OpenTravel Specification” means any adopted draft specification promulgated by the OpenTravel. “Scope” means the protocols, data formats, schema, and electrical signaling characteristics disclosed in or required by an OpenTravel Specification, excluding those specifications merely referenced in an OpenTravel Specification that were developed and publicized outside of the OpenTravel
12. Acceptance. Your acceptance of this Agreement will be indicated by Your affirmative acquisition, use, duplication, distribution, or other exploitation of the Documentation. If you do not agree to these terms, please cease all use of the Documentation now.
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