GLOBAL EXPLORER

END-USER SOFTWARE LICENSE AGREEMENT

IMPORTANT – READ CAREFULLY: YOU SHOULD CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE OPENING THE GLOBAL EXPLORER SOFTWARE PACKAGING AND BEFORE INSTALLING GLOBAL EXPLORER SOFTWARE. THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU, AN INDIVIDUAL, AND T&R SEMINARS, LLC (DEVELOPER) IN REGARD TO GLOBAL EXPLORER SOFTWARE, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIAL, AND “ONLINE” OR ELECTRONIC DOCUMENTATION (“SOFTWARE PRODUCT”). ANY COMPONENT INCLUDED IN THE SOFTWARE PRODUCT THAT IS ACCOMPANIED BY A SEPARATE END-USER LICENSE AGREEMENT SHALL BE GOVERNED BY SUCH AGREEMENT AND NOT THE TERMS SET FORTH BELOW. BY OPENING, INSTALLING, COPYING, ACCESSING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE WITH AND ACCEPT TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT FULLY AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT AUTHORIZED TO OPEN, INSTALL, ACCESS, COPY OR OTHERWISE USE THE SOFTWARE PRODUCT. YOU MAY, HOWEVER, IF IN ACCORDANCE WITH RETAILER’S RETURN POLICY RETURN, TO THE RETAILER, THE SOFTWARE PRODUCT EITHER PERSONALLY OR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTMARKED FOR A FULL OR PARTIAL REFUND. ANY RETURNS ARE SOLELY GOVERNED BY RETAILERS RETURN POLICY SO YOU ARE ADVISED TO CHECK, PRIOR TO YOUR PURCHSE, WITH RETAILER AS TO THOSE POLICIES, IF ANY.

1. License Grant. T&R Seminars, LLC, at times d/b/a Global Explorer (Grantor), grants to you, an individual, a nonexclusive license to use one copy of the enclosed Global Explorer Software Product solely for your own personal purposes on a single computer (whether a standard computer or a single workstation component of a multi-user network). The Software Product is in use on a computer when it is loaded into temporary memory (RAM), installed into permanent memory (hard disk, CD-ROM, or other storage device) or otherwise accessed for use. Grantor reserves all rights not expressly granted herein.

2. Ownership. Grantor is the owner of all right, title, and interest, including copyright, in and to the compilation of the Software Product recorded on the computer disk(s), CD-ROM (“Software Media”) or other components or media in conjunction therewith. The copyright to the individual Software Product recorded on the Software Media is owned exclusively by Grantor or other authorized copyright owners of each program. Ownership of the Software Product and all propriety rights relating thereto remain with Grantor and its licensers.

3. Restrictions on Use and Transfer. (a) You may (i) make one copy of the Software Product for backup or archival purposes, or (ii) transfer the Software Product to a single hard disk, provided that you keep the original for backup or archival purposes. You may not (i) rent or lease the Software Product, (ii) copy or reproduce the Software Product through a LAN or other network system or through any computer subscriber system or bulletin board system, or (iii) modify, adapt or create derivative works based on the Software Product. (b) You may not reverse engineer, decompile, or disassemble the Software Product. You may transfer the Software Product and user documentation on a permanent basis, provided that the transferee agrees to accept the terms and conditions of the EULA and you retain no copies of the Software Product. If the Software Product is updated or has been updated, any transfer must include the most recent update and all prior versions. global explorer

4. Restrictions on Use of Individual Programs. You must follow the individual requirements and restrictions detailed for each individual program contained within the Software Product. These limitations are also contained in the individual license agreements recorded on the Software Media, where applicable. These limitations may include a requirement that after using the program for a specified period of time, the user must pay a renewal fee, registration fee or discontinue use. By opening the Software Product packaging, you will be agreeing to abide by the licenses and restrictions for these individual programs that are detailed within the Software Product and on the Software Media. None of the material within the Software Product or on the Software Media may ever be redistributed, in original or modified form, for either residential or commercial purposes.

5. LIMITED WARRANTY. (A) GRANTOR WARRANTS THAT THE SOFTWARE PRODUCT AND SOFTWARE MEDIA ARE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE PRODUCT. IF GRANTOR RECEIVES NOTIFICATION WITHIN THE WARRANTY PERIOD OF DEFECTS IN MATERIALS OR WORKMANSHIP, GRANTOR WILL REPLACE THE DEFECTIVE SOFTWARE PRODUCT AND/OR SOFTWARE MEDIA. (B) GRANTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE PRODUCT, SOFTWARE MEDIA, THE PROGRAMS, THE SOURCE CODE CONTAINED THEREIN, AND/OR THE TECHNIQUES DESCRIBED IN THE SOFTWARE PRODUCT. GRANTOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT AND/OR THE SOFTWARE MEDIA WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE ERROR FREE. (C) THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

6. Remedies. (a) Grantor’s, and its distributors’, entire liability and your exclusive remedy for defects in materials and workmanship shall be limited to replacement of the Software Media, which may be returned to retailer with a copy of your receipt. Please allow three to four weeks for delivery. This Limited Warranty is void if failure of the Software Media has resulted from accident, abuse, or misapplication. Any replacement Software Media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. (b) In no event shall Grantor, nor its Distributors, be liable for any damages whatsoever (including without limitation damages for loss of business, information, savings, investment opportunity or any other pecuniary loss) arising from the use of or inability to use the Software Product or the Software Media, even if Grantor, or its distributors, has been advised of the possibility of such damages. (c) Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations or exclusion may not apply to you.

7. U.S. Government Restricted Rights. Use, duplication or disclosure of the Software Product and/or the Software Media by the U.S. Government is subject to restrictions stated in paragraph (c)(1)(iii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in subparagraphs (a) through (d) of the Commercial Computer – Restricted Rights clause of FAR 52.227-19, and in similar clauses in the NASA FAR supplement, when applicable.

8. General. This EULA constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto, that specifically refers to this EULA. This EULA shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this EULA are held, by any court or tribunal, to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect. This Software Product is distributed via various independent retail outlets and no representation or warranties of retails shall apply.

Microsoft and Windows are registered trademarks of Microsoft Corporation in the U.S. and in other countries. Macintosh is a registered trademark of Apple Computer, Inc. in the U.S. and in other countries.

Minimum System Requirements
Windows, 486 processor, 120 Mhz or faster
Microsoft Windows 2000 or later
16MB RAM and 20MB free disk space
16-bit cooler and 800X600 pixels
8-bit sound card, Double-Speed (2X) CD-ROM drive
Microsoft compatible mouse
Netscape 7.x and Internet Explorer 5.5 through 7.0, as well as Macromedia Flash 6 to 7, on IBM PC and Macintosh platforms and with Java Script enabled.

RULES REGULATIONS AND GENERAL GUIDELINES

The purpose of this Rules, Regulations and General Guidelines Section is to have you take further note of certain rights, regulations and guidelines in relation to Global Explorer Software and those providers which you may access. This section is expressly made part of the License Agreement. Since neither Global Explorer Software nor its Developer are sellers or providers of travel and neither is the representative of any provider accessed via Global Explorer Software, the guidelines herein pertaining to such topics as reservations, use of travel facilities and travel services are provided to you as general guidelines for your education prior to acceptance and installation of Global Explorer Software. NOTE: The actual requirements of each provider will vary and you must look to the provider for its specific terms, conditions and rules.

1. Accepting this Agreement. You understand and agree that since software is dynamic, and updated versions will be released, the terms of those revisions and updates shall be fully covered by the conditions, restrictions, license and other terms set forth herein.

2. Software Product. The license, use and benefits of the Software Product are provided solely for your recreation, enjoyment, and personal consumption. You are acquiring the right to use the Software Product on a one-year, non-exclusive license basis without any further expectation. You are not acquiring any legal or beneficial interest in the Software Product or in T&R Seminars, LLC (or any of the associated assets).

3. General Provider Accommodation Rules. Provider accessed accommodations are not to be used as a principal residence or for the operation of any business. Only Licensed Users and Guests (traveling with them) can use the reserved facilities. Accommodation occupancy limits are not to be exceeded and are as set by the specific provider listing the accommodation. All occupants should abide by all rules and regulations established in connection with the occupancy of accommodations and use of related facilities for each individual Resort. Users will be responsible for any damage to the accommodation(s) and facilities occurring during their occupancy and use of the Resort accommodations. Unless specified, accommodations do not include transportation, food, liquor, taxes, tips, port charges, telephone calls, or other resort specific charges (e.g. cleaning fees, energy surcharges, foreign country exit fees, or amenities fees) or other items of a personal nature.

4. Reservations. All reservations are based on availability and subject to the specific rules as established by the individual providers of travel products and services. Since some information in Global Explorer Software is provided in real time and dependent on inventory made available by various and changing developers, resorts and property managers, Licensed Users should not expect to obtain any specific resort, location, destination, city, week, size of unit, amenity or other specific requirement until such time as the actual reservation is made and a specific travel confirmation is obtained from the specific provider. As a general rule, you can make resort accommodation reservation requests from up to 360 days in advance of your travel date, but check with your specific provider. You understand that neither Global Explorer nor Developer are a seller or provider of travel, travel certificates, travel coupons, tours, reservations, cruises, rental or other travel related services or products. Therefore, neither Global Explorer nor Developer should be contacted in regard to any travel booking, reservation, scheduling, rescheduling or cancellation. Neither Global Explorer nor its Developer has any authority to make, commit to, approve, cancel, reschedule or change any reservation or other travel arrangement. As a result, you are advised to select destinations, accommodations, resorts, providers and dates very carefully.

5. License Renewals. Payment must be made to Global Explorer by personal check, money order, certified check or credit card. All payments related to Software License Renewal Fees should be directed to Global Explorer, Attn: Renewal Processing, at the address noted on the invoice. As of 2005, the annual license renewal is $179, but this may increase by not more than 10% every five years with the next increase not occurring prior to 2010.

6. Third Party Vendors and Suppliers. User acknowledges that independent vendors and providers other than Global Explorer or its Developer, or its affiliates and distributors, provide the travel related services and/or products accessed via the Software Product and that the Software Product only provides a hub via which users and travel providers are brought together. You must follow the individual requirements and restrictions detailed by each provider for using that provider’s products or services. Global Explorer, its Developer, and its affiliates and distributors, make no representations or warranties, expressed or implied, regarding any provider listings, descriptions, accounts, ratings, advertisements, brochures or other materials or statements. Neither Global Explorer, its Developer, nor its affiliates and distributors, are responsible for erroneous or omitted information contained in or omitted from the material, photos, information and all representations set forth therein by providers which you agree are specifically the sole responsibility of such providers.

7. Modification. All of the terms and conditions herein, including but not limited to, fees, benefits, renewals, modules, content, priorities, number of providers, selected providers and accessibility may be amended or modified from time to time by Developer.

8. Breach of Terms and Conditions of Program. Grantor shall be entitled to terminate Licensed User’s rights hereunder and retain as liquidated damages all sums received from Licensed User in the event of a breach of any provision herein by Licensed User or their guests.

9. Solicitation. Grantor does not sell your personal information. However, on occasion, Grantor may share certain demographics, use or other user information with providers so as to further enhance the products and/or services made available by those providers, or their affiliates, to Licensed Users. Licensed User hereby specifically consents to such solicitations, including but not limited to, solicitation through automatic dialing equipment and/or pre-recorded messages. Licensed User further consents to being informed of such products and services, even if the benefits have been suspended, expired, or terminated. These guidelines and Software Product reminders have been established to help you fully enjoy the benefits of the Software Product.