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Mobile PC Manager: End User License Agreement

 

IMPORTANT -- THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE USER) AND MOBILE PC MANAGER, A WHOLLY OWNED SUBSIDIARY OF INTELLITREK LLC (HEREAFTER COLLECTIVELY REFERRED TO AS "INTELLITREK") COVERING THE USE OF THIS SOFTWARE APPLICATION (HEREAFTER “SOFTWARE”) THAT YOU HAVE ACQUIRED. YOU ACKNOWLEDGE UPON INSTALLATION OF ANY SOFTWARE THAT YOU HAVE REVIEWED AND AGREED TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE. IF YOU HAVE ALREADY INSTALLED THIS SOFTWARE AND DO NOT AGREE TO THESE TERMS, PLEASE UNINSTALL THE SOFTWARE AND IMMEDIATELY DISCONTINUE ITS USE. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO COMPLY WITH ITS TERMS AND CONDITIONS.

BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.

As used herein, “EULA” means “end user license agreement”. This EULA is a legal agreement between you (either an individual or an entity) and IntelliTrek, its subsidiaries, suppliers, and licensors (collectively "IntelliTrek") for the Software which may include components provided by suppliers and third-parties to IntelliTrek.

“Software” means the object code versions of the product, together with the updates, upgrades, modifications, or enhancements owned and provided by IntelliTrek to you pursuant to this agreement.

As used herein, "Computer" means the hardware, if the hardware is a single computer system whether physical or virtual, or shall mean the computer system with which the hardware operates, if the hardware is a computer system component.

This Software is an application made up of individual software components, each of which was individually written and copyrighted.

ANY THIRD PARTY SOFTWARE OR HARDWARE, INCLUDING ANY THIRD PARTY'S PLUG-IN OR DEVICE, THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE OR HARDWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT. INTELLITREK IS NOT RESPONSIBLE FOR ANY THIRD PARTY'S SOFTWARE OR HARDWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE OR HARDWARE.

The third-party components contained in this Software may include or contain software licensed under the following licenses, GNU General Public License (“GPL”) or Lesser GNU General Public License (“Open Source Programs”). These Open Source Programs are licensed pursuant to a EULA that permits the End User to copy, modify, and redistribute the software, in both source code and binary code forms. Nothing in this EULA limits End User’s rights under, or grants the End User rights that supersede, the terms of any applicable Open Source Program EULA.

Upon installation of this Software, IntelliTrek hereby grants you the following license to use the Software in your facility subject to the terms contained herein subject to the licenses referenced herein.

1. GRANT OF LICENSE. Upon payment of the fees applicable under this Agreement, IntelliTrek hereby grants to you a non-exclusive license to use the Software and any related documentation ("Documentation") subject to the following terms:

a) For each Software license key purchased, you may: (i) use the Software on any single Computer; and (ii) copy the Software for back-up and archival purposes, provided any copy must contain all of the original Software's proprietary notices within the United States and its territories or any other country to which this program can legally be exported.

b) The Software is "in use" on a computer when it is loaded into temporary memory or installed in permanent memory (Hard Drive, CD-ROM or other storage device). You agree to use your best efforts to prevent and protect the contents of the Software and Documentation from unauthorized use or disclosure. You agree that you will register this Software and its Serial Number only with IntelliTrek and that you will only install a Software License Key obtained directly from IntelliTrek.

2. LICENSE RESTRICTIONS.

a) You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; (v) remove any proprietary notices or labels on the Software or Documentation. Any such forbidden use shall immediately terminate your license to the Software. The recording, playback, and download features of the Software are intended only for use with public domain or properly licensed content and content creation tools. You may require a patent, copyright, or other license from a third party to create, copy, download, record, or save content files for playback by this Software or to serve or distribute such files to be played back by the Software.

b) You may not delete, remove, hide, move or alter any Icon, Image, or Text that represents either the company name of IntelliTrek, Mobile PC Manager or any derivation thereof with the only exception being that of the “ScreenSafe” moving screensaver that appears when the ScreenSafe application is operational. All representations to the company name “Mobile PC Manager” or “IntelliTrek” must remain as originally distributed regardless of the presence or absence of a trademark or copyright symbol.

c) This EULA does not grant you any rights in connection with any trademarks or service marks of IntelliTrek or its suppliers. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, video, and text incorporated into the Software, the accompanying printed materials, and any copies of the Software) are owned by IntelliTrek, its suppliers, or are publicly available. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by IntelliTrek and its suppliers. You agree that you will not export or re-export the Software to any country, person, or entity subject to U.S. export restrictions.  You specifically agree not to export or re-export the Software (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who you know, or have reason to know, will utilize the Software or portion thereof in the design, development, or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.

d) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

3. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with IntelliTrek, its subsidiaries and/or its suppliers. The Software and the Services are protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software and the Services ("Content") shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you no rights to such Content.

4. DATA RIGHTS. You should be aware that IntelliTrek Software may perform functions of collecting information related to your use of the Software. IntelliTrek may also collect, track, and record historical information about you including but not limited to your vehicle location while using the Software as well as related vehicle movement data. IntelliTrek reserves the right to compile, save, use said data within the scope of IntelliTrek’s activities, and analyze any and all of your data (registration data, and use history). IntelliTrek intends to use such data for internal purposes only, including without limitation for the purposes of responding to your requests for information and for contacting you. IntelliTrek may provide aggregated statistics about your use of the Software to third parties, but such information will be aggregated so that it does not identify a particular individual or company. In the event of a court order, IntelliTrek may choose to make said data available to law enforcement officers and officers of the court.

5. LIMITED WARRANTY. IntelliTrek warrants to you, for a period of thirty (30) days following delivery of the Software to you, that the Software will perform substantially in conformance with the published documentation. IntelliTrek does not warrant that the Software will meet all of your requirements or that the use of the Software will be uninterrupted or error-free. The foregoing warranty applies only to failures in operation of the Software that are reproducible in standalone form and does not apply to: (i) Software that is modified or altered by you or any third party that is not authorized by IntelliTrek; (ii) Software that is otherwise operated in violation of this Agreement or other than in accordance with the published documentation; or (iii) failures which are caused by other software or hardware products. To the maximum extent permitted under applicable law, IntelliTrek and its supplier's entire liability and your exclusive remedy under the express warranty for any breach of the foregoing warranty, IntelliTrek will, at its sole option and expense, promptly repair or replace any medium or Software which fails to meet this limited warranty or, if IntelliTrek is unable to repair or replace the medium or the Software, refund to you the applicable license fees paid upon return, if applicable, of the nonconforming item to IntelliTrek (in the case of a subscription license, the unused prepaid subscription fees). The warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for 30 days.

EXCEPT AS EXPRESSLY STATED IN THIS SECTION, INTELLITREK IS PROVIDING AND LICENSING THE SOFTWARE TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

6. NO LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INTELLITREK BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID TO INTELLITREK IN THE PRECEDING (12) TWELVE MONTHS OR BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR SOFTWARE PROGRAMS, EVEN IF INTELLITREK OR A DEALER AUTHORIZED BY INTELLITREK HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL. If any provision of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This Agreement shall be governed by the laws of the State of Oklahoma and of the United States.

8. COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous communications, agreements, and understandings, written or oral, with respect to the subject matter hereof including without limitation the terms of any EULA contained in the software or any purchase order issued in connection with this Agreement. This Agreement shall not be amended or modified except in a writing signed by authorized representatives of each party.

Copyright © 2008-2012 IntelliTrek LLC, All Rights Reserved. End User License Agreement.

Revised January, 2012

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Copyright © 2012 Mobile PC Manager LLC. All rights reserved.