DriveCommander License and Use Limitations
Subject to your compliance with the terms and conditions of this Agreement and continued payment of the applicable fees, DriveCommander.com hereby grants to you a non-exclusive, non-transferable license to use DriveCommander, solely in connection with your use of the DriveCommander Service on a single mobile telephone or mobile computing device. This license shall immediately terminate when the earliest of the following occurs: (a) this Agreement terminates, or (b) your access to DriveCommander is suspended, cancelled or otherwise terminated.
Except for the limited licenses expressly granted in this Agreement, DriveCommander.com retains all right, title and interest in and to DriveCommander, including without limitation all related intellectual property rights. No licenses or other rights which are not expressly granted in this Agreement are intended to, or shall be, granted or conferred by implication, statute, inducement, estoppel or otherwise, and DriveCommander.com and its suppliers and licensors hereby reserve all their respective rights other than the licenses explicitly granted in this Agreement.
You agree not to do any of the following: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change DriveCommander, or any part thereof; (b) attempt to derive the source code or structure of the DriveCommander Software without the prior express written consent of DriveCommander.com; (c) remove or alter, any of DriveCommander.com’ or its suppliers’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings; (d) distribute, sublicense or otherwise transfer DriveCommander to others; (e) use DriveCommander in any manner that (i) infringes the intellectual property or proprietary rights, rights of publicity or privacy or other rights of any party, (ii) violates any law, statute, ordinance or regulation, including but not limited to laws and regulations related to spamming, privacy, consumer and child protection, obscenity or defamation, or (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable; (f) violate or attempt to violate the security of DriveCommander, including, without limitation, (i) accessing data not intended for you or logging into a server or account which you are not authorised to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (iii) attempting to interfere with, disrupt or disable service to any end user, host or network, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing”, (iv) forging any TCP/IP packet header or any part of the header information in any e-mail, (v) taking any action in order to obtain services to which you are not entitled or (vi) sending any virus, worm, Trojan horse or other harmful code or attachment. Violations of system or network security may result in civil or criminal liability; and (g) lease, rent out, or otherwise permit unauthorised access by third parties to DriveCommander without advance written permission of DriveCommander.com.
You agree that DriveCommander.com and/or identified incorporated third parties own all rights, title and interests in DriveCommander. This includes but is not limited to any and all rights existing under patent law, trade secret law, and intellectual property rights. This provision shall survive any termination of this Agreement.
Limited Warranty and Disclaimers
DriveCommander.com does not warrant that your use of DriveCommander will be uninterrupted or error-free. Rather, temporary interruptions of DriveCommander may occur from time to time (such as when you drive into an area that has no coverage or when DriveCommander or the DriveCommander Service is undergoing maintenance) and DriveCommander may interrupt or otherwise disrupt your communication when you are not driving and when it is not wanted. DriveCommander.com will exercise reasonable efforts to attempt to limit or prevent such occurrences.
DriveCommander.com has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but DriveCommander.com makes no representations or warranties regarding the security of DriveCommander or the transmission of data or information to and from DriveCommander and the DriveCommander Service. DriveCommander.com will not be liable to you or anyone else in the event of any unauthorised infiltration of any of its systems.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DRIVECOMMANDER.COM OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FLEETSAFER SOFTWARE OR FLEETSAFER SERVICE, EVEN IF DRIVECOMMANDER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER [INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE], THE ENTIRE LIABILITY OF DRIVECOMMANDER.COM AND OF ALL OF DRIVECOMMANDER.COM’ SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR FLEETSAFER AND AS PART OF YOUR SUBSCRIPTION TO THE FLEETSAFER SERVICE. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permissible pursuant to applicable law, in no event will DriveCommander.com, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else when using DriveCommander. You are responsible for the entire risk arising out of your use DriveCommander.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold DriveCommander.com and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to reasonable attorney fees, arising out of or in connection with your use of DriveCommander.
This Agreement hereunder will be governed by and construed in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland, without giving effect to its conflict of laws provisions. To the extent judicial action is necessary in connection with the binding arbitration, both DriveCommander.com and you agree to submit to the exclusive jurisdiction of the courts of the United Kingdom of Great Britain and Northern Ireland. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
This Agreement constitutes the entire agreement between DriveCommander.com and you with respect to the subject matter hereof. All previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting, the subject matter of this Agreement are merged in and superseded by this Agreement and shall be of no force or effect whatever and no party shall be liable to any other party in respect of those matters.
DriveCommander.com’ or your failure to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
No oral explanation or information provided by either party to the other shall affect the meaning or interpretation of this Agreement, or constitute any collateral agreement, warranty or understanding between the parties.
The headings in this Agreement are for convenience of reference only, will not be deemed to be a part of this Agreement, and will not be referred to in connection with the construction or interpretation of this Agreement. As used in this Agreement, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation but are indicative rather than exhaustive and deemed to be followed by the words “without limitation.”
If you have any questions regarding the terms of this Agreement, please contact DriveCommander.com by sending an email to info@DriveCommander.com, by writing to DriveCommander.com, End User License Agreement, DriveCommander.com, Polydon Park, 12 Milethorn Lane, Doncaster, DN1 2SU.