This End User License Agreement (the " Agreement ") constitutes a legal agreement between Licensee and Secure Accreditation Solutions Technologies, S.L. (hereinafter “SAST”), a Spanish company, and its Affiliates, with respect to the PASSNFLY  software application. By clicking the "Register" button or otherwise using, installing or accepting the PASSNFLY  software application, or services, Licensee agrees to be bound by this Agreement. Licensee hereby agrees and acknowledges that this Agreement covers all Licensee use of the PASSNFLY  software application and services, whether it be on a Smartphone, PDA or computer, or any other platform or device where the software is executable.

If Licensee do not agree to the terms and conditions of this Agreement, do not click on the "Register" button, and do not use, install or otherwise accept the PASSNFLY software application or its services. Licensee agree that Licensee use, installation or otherwise acceptance of the PASSNFLY software application, or services acknowledges that Licensee have read this Agreement, understand it, and agree to be bound by it. In the event that the Licensee has downloaded the software application without clicking on the “Register” button, and SAST becomes aware, SAST shall be able to disable the software application at any time.

  1. License
  2. Subject to the terms of this Agreement, SAST hereby grants Licensee a limited, personal, non-commercial, non-exclusive, non-sub licensable, non-assignable, license to download, install and use the PASS N FLY  software application on Licensee Smartphone, PDA or computer, or any other platform or device where the software is executable for the sole purpose of personally using the travel management applications provided by SAST and any other applications that may be explicitly provided by SAST. Use of premium services of the PASS N FLY  software application may be chargeable.

  3. Restrictions
    1. Licensee shall not license, sublicense, sell, assign, rent, lease, distribute, export, import, transfer, assign, act as an intermediary or provider, or otherwise commercially exploit, make available to any third party or grant rights to third parties with regard to the PASS N FLY  software application or Services or any part thereof.
    2. This License does not include any resale or commercial use of the software application or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this software application or its contents; any downloading or copying of account information for the benefit of another person or business; or any use of automated data mining tools such as “Spiders,” “Robots,” or similar data gathering and extraction tools. Licensee may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, or form) of SAST and its affiliates without SAST express written consent. All rights not expressly granted to the Licensee are reserved by SAST.
    3. Licensee may not access the software application if Licensee is a direct competitor of SAST or engaged in the design, development, marketing or distribution of similar products or services, except with SAST's prior written authorization. In addition, Licensee may not access the PASSNFLY  software application for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
    4. Licensee’s right to use the software application is limited to the License grant herein, and Licensee may not undertake, cause, permit or authorize to "frame" or "mirror" any content of the PASSNFLY  software application on any other server or wireless or Internet-based device copy, display, distribute, perform, publish, modify, create (derivative) works, translate, reverse engineering, decompile, disassemble or hack the PASSNFLY  software application and/or PASSNFLY  services or any part thereof, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
    5. Licensee agrees that Licensee shall only use the PASSNFLY  software application and services in a manner that complies with all applicable laws and court orders in the jurisdictions in which Licensee use the PASSNFLY  software application and services, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights. In this respect Licensee may use the software application only for its internal purposes and shall not: (i) intercept or monitor, damage or modify any communication which is not intended for Licensee; (ii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs that are designed to distort, delete, damage or disassemble the PASSNFLY  software application or the communication; (iii) interfere with or disrupt the integrity or performance of the software application or the data contained therein; or (iv) attempt to gain unauthorized access to the software application or its related systems or networks.
    6. If Licensee is interested in doing anything else than permitted under this Agreement or any of the acts described in this section 2, Licensee shall seek the prior written authorization of SAST and explicitly agree upon any further terms, including, without limitation, commercial terms.
  4. Advertising
  5. Licensee acknowledge and agree that the PASSNFLY  Site and the Services may include advertisements and that these advertisements are necessary for SAST to provide the Services and that SAST is not responsible for the content of such advertisements.

  6. Utilization of Licensee Smartphone, PDA or computer device
  7. Licensee hereby acknowledges that the PASSNFLY  software application may utilize the processor and bandwidth of the Smartphone, PDA or computer, or any other platform or device where the software is executable, Licensee is utilizing, for the purpose of providing the PASSNFLY  services and applying the business mechanisms surrounding them including but not limited to authenticating Licensee as a user, billing Licensee and presenting advertising. Licensee understand that SAST will use its commercially reasonable efforts to protect the privacy and integrity of the applicable device Licensee is utilizing and of Licensee communication, however, Licensee acknowledges and agrees that PASSNFLY  cannot give any warranties in this respect.

  8. Licensee Confidential Information and Licensee Privacy
  9. SAST is committed to respecting Licensee privacy and the confidentiality of Licensee personal data. The "Privacy Policy" that is published on the SAST Site at   www.passnfly.com  applies to the use of Licensee personal data. SAST shall not sell or rent Licensee personal information to third parties for their marketing purposes without Licensee explicit consent and SAST shall use Licensee information only as described in the Privacy Policy. Licensee election to use the software application indicates Licensee acceptance of the terms of the Privacy Policy. SAST assumes no liability whatsoever for any loss or degradation of such information s tored on its systems or any direct or indirect damages arising out of such loss or degradation. SAST shall take reasonable steps to ensure the safety, security and privacy of such information. SAST stores and process information on computers that may be located outside Licensee country that are protected by physical as well as technological security devices. Through use of the PASSNFLY  software application, licensee may effect storage of licensee own personal data in SAST servers. If Licensee object to Licensee information being transferred, stored or used in this way please do not use PASSNFLY  software application, and its services. Nothing contained in this section 5 shall be construed to derogate from SAST rights under last paragraph of section 5 of its privacy.

  10. Intellectual Property Rights
  11. Title, ownership, rights, interests and intellectual property rights in and to the PASSNFLY  software application, its services and all its contents, including any suggestions, ideas, enhancement request, feedback, recommendations or other information provided by the Licensee under this License shall remain in SAST and/or its Affiliates and/or suppliers. SAST or PASSNFLY  name, logo and the product names associated with the software application are trademarks of SAST or third parties, and no right or license is granted to use them. Title, ownership rights and intellectual property rights in and to the content accessed through the PASSNFLY  services shall be retained by the applicable content owner and may be protected by applicable privacy, copyright or other laws. The Licensee shall retain all intellectual property rights of the information and content that can be stored by the use of the software application under the terms of the present License. Notwithstanding the foregoing, Licensee authorizes SAST the use of information and contents that can be stored to perform the obligations established in this License, to perform the backup or security copies of such information and contents and to use and disseminate or divulge statistical information arising from the use of the software application by the Licensee, with due respect to their anonymity and the obligations contained in the Personal Data Protection Section.

  12. No Removal of Notices
  13. Licensee agree that Licensee will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or SAST rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

  14. Termination
    1. This Agreement shall commence in the moment the download of the PASSNFLY  software application has finished and before software is being installed, and continue in effect unless earlier terminated in accordance with the present Agreement.
    2. SAST may terminate this Agreement with immediate effects in case the Licensee is in breach of any of its obligations hereunder.
    3. Upon removal of the PASSNFLY  software application by the Licensee from its Smartphone, PDA, computer, or any other platform or device where the software its being executable, the present Agreement will automatically be terminated without need of further notice by Licensee. Moreover, Licensee shall be able to terminate this Agreement and therefore to cancel its subscription to PASSNFLY  software application by using the application itself, as it is stated in SAST "Privacy Policy" published on the SAST Site at   www.passnfly.com .
    4. Notwithstanding termination of this Agreement for any cause, outstanding payments by Licensee shall remain in force, payments already made shall be no refundable and sections 2, 5, 6, 9 and 11 shall survive termination.
  15. Licensee Representations and Warranties; Indemnification of SAST
    1. Representations .  Licensee represents and warrants that Licensee is authorized to enter into this Agreement and comply with its terms. Furthermore, Licensee represents and warrants that Licensee will at any and all times meet with Licensee obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the PASSNFLY  software application and its services. Licensee also represents and warrants that all Licensee Data introduced while using the software application is true and accurate.
    2. Indemnification. Licensee agrees to indemnify, defend and hold SAST, its Affiliates and the SAST Staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of Licensee (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the PASSNFLY  software application or its services.
    3. Legal Restrictions. Licensee acknowledges that the PASSNFLY  software application may be subject to international and/or laws that govern the export and/or import and/or use of software application. Licensee agrees to comply with all applicable international and national laws that apply to the PASSNFLY  software application, its end-users, and use and any restrictions imposed by such laws and/or any relevant authority.
  16. Disclaimer of Warranties
    1. No Warranties .  THE PASSNFLY  SOFTWARE APLICATION AND SERVICES ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER; SAST DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS, EITHER EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE PASSNFLY  SOFTWARE APLICATION OR ITS SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR USE OR A PARTICULAR PURPOSE, COMPLIANCE WITH THE LAWS OF ANY APPLICABLE JURISDICTION, NON OVERBOOKING OF AIRLINES. SAST FURTHER DOES NOT REPRESENT OR WARRANT THAT THE PASSNFLY  SOFTWARE APLICATION, SITE OR SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND TO NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE PASSNFLY  SOFTWARE APLIVCATION AND SERVICES. THE DATA PROVIDED BY SAST IS BEING UPDATED ON THE SAST SERVER (OR A SERVER APPROVED BY SAST), FROM TIME TO TIME; THEREFORE THE PRESENT CONTENT, INFORMATION AND DATA MAY BE OUT OF DATE OR INACCURATE AND SHOULD NOT BE RELIED UPON. THE DATA IS PROVIDED "AS IS". SAST ASSUMES NO LIABILITY WHATSOEVER REGARDING THE CONTENT, INFORMATION AND DATA OR THE ACCURACY THEREOF.
    2. Licensee own Risk. Licensee acknowledges and agrees that the entire risk arising out of the use or performance of the PASSNFLY  software application or services remains with Licensee, to the maximum extent permitted by law, including but not limited to risk deriving from any and whatsoever restrictions imposed by the airlines, overbooking, etc.
    3. Jurisdiction's Limitations.   As some jurisdictions do not allow some of the exclusions or limitations of warranty as set forth above, some of these exclusions or limitations may not apply to Licensee. In such event the liability will be limited as far as legally possible under the applicable legislation.
  17. Limitation of Liability
    1. Limitation of Liability .  IN NO EVENT SHALL SAST, ITS AFFILIATES, ITS LICENSORS OR THE SAST STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PASSNFLY  SOFTWARE APPLICATION, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SOFTWARE APLICATION, ANY INTERRUPTION, INACCURACY, ERROR OR OMISION, EVEN IF SAST, ITS AFFILIATES, LICENSORS OR THE SAST STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SAST’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM THE LICESNSEE IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
    2. Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations of liability as set forth above, some of these exclusions or limitations may not apply to Licensee. In such event the liability will be limited as far as legally possible under the applicable legislation.
  18. Feedback; Use of Licensee Data
    1. Feedback .  In order to allow SAST to carry-out the PASSNFLY  software application and services' testing program, SAST will appreciate Licensee timely feedback to SAST on the performance of the PASSNFLY  software application and its services, including Licensee opinions and evaluation of the PASSNFLY  software application and services and any features included therein and bug reports. In the event that Licensee provide SAST with any report, feedback or suggestion relating to the PASSNFLY  software application and services, Licensee agree that any and all right, title and interest to any such report, feedback or suggestion or any invention relating to an improvement of the PASSNFLY  software application and its services conceived in or made as a result of the same shall become the exclusive property of SAST and that SAST may freely disclose and use all such information for any purpose whatsoever, without Licensee consent and without any obligation of any kind.
    2. Use of Licensee Data. In the event of any bug and/or malfunction in or to the PASSNFLY  software application, Licensee hereby grants SAST a right to use any information Licensee applied to the PASSNFLY  software application, including without limitation, information about Licensee travel plans, flight details, which SAST deems necessary in order to investigate such bug and/or malfunction, without prejudice that the privacy of such data shall be subject to protection.
  19. Jurisdiction's Restrictions
  20. If Licensee use of the PASSNFLY  software application or its services and/or Licensee entry into this Agreement is restricted under any applicable law, including, without limitation due to Licensee age or any other criteria applicable to Licensee, Licensee may not enter into this Agreement and/or download, install or otherwise use the PASSNFLY  software application and its services. Furthermore, if Licensee is residing in a jurisdiction where it is forbidden by law to offer or use software application for internet communication, Licensee may not enter into this Agreement, download, install or use the PASSNFLY  software application and its services. By entering into this Agreement, Licensee explicitly states that Licensee has verified in any applicable jurisdiction if Licensee use of the PASSNFLY  software application and services is allowed.

  21. New Versions of the Agreement
  22. PASSNFLY  reserves the right to modify this Agreement at any time by providing such revised agreement to Licensee or by publishing the revised agreement on the SAST Site. The revised agreement shall become effective within thirty (30) days of such publishing or provision to Licensee, unless Licensee expressly accept the revised agreement earlier by clicking on the "register" button. The express acceptance by Licensee, or Licensee continued use of the PASSNFLY  software application after expiry of the notice period of thirty (30) days, shall constitute Licensee acceptance to be bound by the terms and conditions of the revised agreement. Licensee can find the latest version of this Agreement at www.passnfly.com. SAST reserves the right to make changes to this Agreement from time to time.

  23. Entire agreement
  24. This License constitutes the entire agreement of the parties regarding the subject matter thereof and supersedes any prior understandings or agreements between the parties regarding this subject matter.

  25. Severability
  26. Should any provision of this License become invalid, illegal or unenforceable, whether in whole or in part, this shall not affect the validity of the remaining provisions of this License.

  27. No Waiver
  28. The failure of SAST at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by SAST.

  29. Assignment
  30. Licensee is not allowed to assign this Agreement or any rights hereunder. SAST is allowed at its sole discretion to assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.

  31. Language
  32. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

  33. Personal data protection
    1. Licensor agrees to treat personal data that could be provided by the Licensee, if any, (hereinafter, the "Data") in accordance with the legal regulation in force and, particularly, in accordance with the Spanish Organic Law 15/1999 of 13th December on Personal Data Protection, in order to comply with the services associated with this License. The Licensee consents to any transfer, processing or storage of data to the hosting service provider where the servers of the PASSNFLY software application is hosted. Licensee specifically authorizes SAST to enter any data provided as a result of the provision of services associated with the License in an automatically processed file, being SAST responsible for such file, in order to fulfill the services associated with the License. The Licensee agrees and consents for his data to be transferred to third parties in the field of services described herein, and solely to fulfill the purposes for which they were collected. The Licensee may exercise its right of access, cancellation, rectification or opposition at any time by contacting PASSNFLY  via SAST, Calle Llull 321, 08019 Barcelona, userdata (at) passnfly.com.  
  34. Governing law and jurisdiction
  35. With express waiver to any other jurisdiction that may correspond to the Parties, any dispute or controversy in relation to, in connection with or resulting from this License shall be exclusively resolved by the courts of the city of Barcelona (Spain).

    This License will be governed by and construed under the laws of the Kingdom of Spain

  36. Indemnification
  37. Licensee agree to hold harmless, indemnify and defend SAST, its Affiliates, officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that Licensee have (i) used the PASSNFLY  software application and/or its Services in violation of another party's rights or in violation of any law, or (ii) violated any terms of this Agreement.

    LICENSEE EXPRESSLY ACKNOWLEDGES THAT LICENSEE HAS READ THIS END USER LICENSE AGREEMENT AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "REGISTER" BUTTON AND/OR CONTINUING TO INSTALL OR USE THE PASSNFLY   SOFTWARE APPLICATION AND   SERVICES, LICENSEE EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SAST THE RIGHTS SET FORTH HEREIN.

    Last Update: November 16th 2012