Common use of Orbitz Interfaces Clause in Contracts

Orbitz Interfaces. Orbitz shall have the right to interface to QPX and to use it in conjunction with other software, programs, routines and subroutines developed or acquired by Orbitz, except that, other than as set forth in Section 2(b)(v), (i) Orbitz shall use QPX as a whole and shall not have the right to substitute other software for portions of QPX and (ii) any interfaces between those portions of QPX comprising the low-fare search servers and availability servers, on the one hand, and other such software, programs, etc. of Orbitz, on the other hand, will occur via ITA’s documented XML Application Program Interface (API) or another API provided by or approved in advance by ITA. ITA shall have no ownership interest in any other software, program, routine or subroutine developed by Orbitz or acquired by Orbitz from a third party by virtue of its having been interfaced with or used in conjunction with QPX. In addition, Orbitz may request that ITA enter into an SOW to modify QPX for Orbitz (but not for ITA’s other customers) in the event ITA is able to obtain availability information from airlines which airlines do not make generally available. In the event such modification would not degrade the performance of availability caching for ITA’s other customers, ITA may (but will not be obligated to) enter into such an SOW and the provisions of this Agreement will not be deemed to prohibit Orbitz’s use of QPX as so modified. For the avoidance of doubt, ITA shall have sole discretion to make the determination of whether it will enter into an SOW to perform services in order to obtain availability information that ITA is not permitted to make generally available to its customer.

Orbitz Interfaces. Orbitz shall have the right to interface to QPX the ITA Technology and to use it in conjunction with other software, programs, routines and subroutines developed or acquired by Orbitz, except that, other than as set forth in Section 2(b)(v), (i) Orbitz shall use QPX the ITA Technology as a whole and shall not have the right to substitute other software for portions of QPX the ITA Technology and (ii) any interfaces between those portions of QPX the ITA Technology comprising the low-fare search servers and availability servers, on the one hand, and other such software, programs, etc. of Orbitz, on the other hand, will occur via ITA’s 's documented XML Application Program Interface (API) or another API provided by or approved in advance by ITA. ITA shall have no ownership interest in any other software, program, routine or subroutine developed by Orbitz or acquired by Orbitz from a third party by virtue of its having been interfaced with or used in conjunction with QPXthe ITA Technology. In addition, Orbitz may request that ITA enter into an SOW to modify QPX the ITA Technology for Orbitz (but not for ITA’s 's other customers) in the event ITA is able to obtain availability information from airlines which airlines do not make generally available. In the event such modification would not degrade the performance of availability caching for ITA’s 's other customers, ITA may (but will not be obligated to) enter into such an SOW and the provisions of this Agreement will not be deemed to prohibit Orbitz’s 's use of QPX the ITA Technology as so modified. For the avoidance of doubt, ITA shall have sole discretion to make the determination of whether it will enter into an SOW to perform services in order to obtain availability information that ITA is not permitted to make generally available to its customer.

Orbitz Interfaces. Orbitz shall have the right to interface to QPX the ITA Technology and to use it in conjunction with other software, programs, routines and subroutines developed or acquired by Orbitz, except that, other than as set forth in Section 2(b)(v), (i) Orbitz shall use QPX the ITA Technology as a whole and shall not have the right to substitute other software for portions of QPX the ITA Technology and (ii) any interfaces between those portions of QPX the ITA Technology comprising the low-fare search servers and availability servers, on the one hand, and other such software, programs, etc. of Orbitz, on the other hand, will occur via ITA’s 's documented XML Application Program Interface (API) or another API provided by or approved in advance by ITA. ITA shall have no ownership interest in any other software, program, routine or subroutine developed by Orbitz or acquired by Orbitz from a third party by virtue of its having been interfaced with or used in conjunction with QPXthe ITA Technology. In addition, Orbitz may request that ITA enter into an SOW to modify QPX the ITA Technology for Orbitz (but not for ITA’s 's other customers) in the event ITA is able to obtain availability information from airlines which airlines do not make 7 generally available. In the event such modification would not degrade the performance of availability caching for ITA’s 's other customers, ITA may (but will not be obligated to) enter into such an SOW and the provisions of this Agreement will not be deemed to prohibit Orbitz’s 's use of QPX the ITA Technology as so modified. For the avoidance of doubt, ITA shall have sole discretion to make the determination of whether it will enter into an SOW to perform services in order to obtain availability information that ITA is not permitted to make generally available to its customer. (c) Orbitz-Developed Source Code. ITA acknowledges that Orbitz shall be the exclusive owner of all right, title and interest, including all intellectual property rights, in and to any and all source code developed solely by Orbitz or by third parties (other than ITA) for Orbitz, related to or in support of any object code of the ITA Technology, including, but not limited to, source code that improves the scalability of the ITA Technology. The foregoing will not be deemed to alter the rights of the respective parties under applicable law and shall not preclude either party from filing patents regarding inventions or discoveries invented or discovered by such party. 7. DATA ITA understands and acknowledges that Orbitz may (i) manage, modify, maintain and update pre-existing data and information about End Users for use with (or resulting from use of) the ITA Technology, and (ii) generate, manage, modify, maintain and update additional such data and Information (such pre-existing data and information and such additional data and information are referred to collectively as “Orbitz Data”; provided that schedule, fare and availability data used by the ITA Technology shall not constitute Orbitz Data). Orbitz Data shall be treated as Orbitz Confidential Information, and Orbitz shall retain all right, title and interest in and to all Orbitz Data. Notwithstanding the foregoing, Orbitz agrees that ITA will have access to Orbitz Data comprising aggregated statistics relating to both the usage of the ITA Technology and the traffic data (such as patterns of usage over times of day, statistical information about the types of queries being asked (i.e., origin, destination, travel times, etc.) for the sole purpose of improving the performance of the ITA Technology. In no event shall ITA be permitted to access any Orbitz Data containing personally identifiable information regarding End Users. All such Orbitz Data relating to any End Users, including without limitation, aggregated information, usage and traffic data, transactional or financial information, End User names and addresses, passwords, registration information, and cookie information, shall be subject to Orbitz's privacy policy as set forth on the Orbitz Sites, and ITA shall at all times comply with the most current version of such privacy policy (advance notice of any modifications to which Orbitz agrees to provide to ITA). 8.