END USER LICENSE AGREEMENT IS FOR ALL CargoFL’S Mobile AND WEB APPLICATIONS AND ALL ITS VERSIONS WHICH OFFERS A LOCATION BASED REAL-TIME TRACKING AND ANALYTICS SOLUTION. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THE SOFTWARES, YOU AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS:
1. DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR USE THE SOFTWARE, AND
2. PROMPTLY RETURN THIS SOFTWARE AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED THEM
INTRODUCTION
1. DEFINITIONS
a. "User's Internal Computers" shall mean any computer server or standalone computer within Client's control and located in buildings or premises used for internal work and work related activities.
b. "Confidential Information" shall mean any confidential or proprietary information of CargoFL, including but not limited to, information regarding CargoFL's products, data, images, software, applications, specifications, libraries, utilities, services, technology, business, the CargoFL Subscription Service, any feedback provided by User, and the terms and conditions of this Agreement.
c. "Intellectual Property Right” shall mean any patent, copyright, trademark, or trade secret rights, or any other intellectual property right or proprietary rights in any invention, information, know-how, or technology, whether now known or hereafter recognized, and whether registered or unregistered.
2. RIGHTS & RESTRICTIONS
a. User shall not use the CargoFL Web & Mobile Applications or the CargoFL Subscription Service in contravention of this Agreement or applicable laws.
b. User acknowledges that the CargoFL Web & Mobile Applications and CargoFL Subscription Service contain valuable trade secrets of CargoFL. Accordingly, except as expressly permitted herein, User will not (i) transfer, assign, sublicense, distribute, or provide access the CargoFL Subscription Service or CargoFL Web & Mobile Applications, (ii) reproduce, modify, or create derivative works of any images provided with the CargoFL Subscription Service or CargoFL Web & Mobile Applications, or (iii) disassemble, decompile or otherwise reverse engineer any CargoFL Web & Mobile Applications or CargoFL Subscription Services.
3. OWNERSHIP
As between the User and CargoFL ("Parties"), CargoFL owns all right, title, and interest in and to the CargoFL Web & Mobile Applications and CargoFL Subscription Service, including all Intellectual Property Rights therein. There are no implied licenses granted under this Agreement. Nothing contained herein shall be construed as conferring upon User any right to use in advertising, publicity or other marketing activities, any name, trade name, trademark, logo, or other designation of CargoFL. When User downloads the app, uploads, submits, stores, sends or receives content to or through CargoFL Web & Mobile Application or Subscription Services, User gives CargoFL (and those we work with) a worldwide license to use, host, store, reproduce, modify and create derivative works (such as those resulting from translations, adaptations or other changes CargoFL makes so that its services work better).
4. LIMITATION OF LIABILITY
IN NO EVENT WILL CargoFL BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA OR LOST REVENUE ARISING FROM OR RELATED TO THIS AGREEMENT OR THE CargoFL SUBSCRIPTION SERVICE OR CargoFL Web & Mobile APPLICATIONS, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF CargoFL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. CONFIDENTIALITY
User will restrict access to the Confidential Information to those of its employees who have signed confidentiality agreements at least as restrictive as those contained herein. User shall use at least the same standard of care as used to protect its own confidential information of similar nature, but no less than reasonable care, to prevent unauthorized use or disclosure of the Confidential Information. Upon discovering any unauthorized use or disclosure of Confidential Information, User shall promptly notify CargoFL.
6. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless CargoFL and its officers, directors, employees, and agents from and against any and all third party claims, demands, actions, losses, liabilities, damages or expenses (including court costs and reasonable attorneys' fees) arising out of or relating to any use by User.
7. GOVERNING LAW
All disputes arising out of or relating to this Agreement or its subject matter will be governed by the substantive laws of United States of America
8. APPLICATION OF TERMS OF USE OF PRIVACY POLICY
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THE SOFTWARES, YOU AGREE TO THE TERMS OF USE AND PRIVACY POLICY.