ATTEMPTING TO OPERATE A MOBILE PHONE, ELECTRONIC OR TOUCHSCREEN DEVICE WHILE OPERATING A VEHICLE IS DANGEROUS AND IS NOT RECOMMENDED.MANY FUNCTIONS OF THIS APPLICATION ARE NOT INTENDED FOR USE WHILE DRIVING.DO NOT ATTEMPT TO ENTER INFORMATION OR NAVIGATE THIS APPLICATION WHILE DRIVING. DOING SO CAN RESULT IN SERIOUS INJURY, DEATH, OR DAMAGE TO PROPERTY AND COULD BE UNLAWFUL. MANY FEATURES OF THIS APPLICATION ARE MEANT FOR DIAGNOSTIC PURPOSES ONLY. WE STRONGLY RECOMMEND THAT YOU DO NOT INITIATE A CONNECTION TO THE VEHICLE OR PERFORM DIAGNOSTICS FUNCTIONS WHILE THE VEHICLE IS IN MOTION.
IF YOU IGNORE THIS WARNING, YOU DO SO AT YOUR OWN RISK AND AGREE TO NOT HOLD THE DEVELOPER LIABLE FOR ANY CONSEQUENCES.
SOFTWARE LICENSE AGREEMENT
July 2017
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SOFTWARE THEREIN, AND THE ACCOMPANYING DOCUMENTATION (THE “PROGRAM”). THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY CLICKING THE ACCEPT BUTTON OR INSTALLING, LOADING OR OTHERWISE USING THIS PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT CONTINUE USING THE PROGRAM BY ACCEPTING THIS AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND CREATOR OF THE SOFTWARE (REFERRED TO AS “LICENSOR”), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. License Grant: Licensor hereby grants to , and you accept, a nonexclusive license to use the Program Distribution Media and the computer programs contained therein in machine-readable, object code form only (collectively referred to as the “Software”), and the accompanying User Documentation, only as authorized in this License Agreement. The Software may be used only on devices owned, leased or otherwise controlled by you.
2. Restrictions on Use: You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software. You may not attempt to derive the source code, code structure, program architecture, or algorithms of the Software. You agree that you may not link, build against, or include any of the binaries, assemblies, or libraries included with the Software in any other application or utility. No copies of the Program or any portions thereof may be made by you or any person under your authority or control. You may not modify or create any derivative works of the Program.
3. Licensor’s Rights: You acknowledge and agree that the Software and the documentation are proprietary products of Licensor protected under the copyright law. You further acknowledge and agree that all right, title, and interest in and to the Program, including associated intellectual property rights are, and shall remain with the Licensor. This license agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement. The Licensor reserves the right to anonymously track and report your activity with regard to usage of the Program and vehicle statistics.
4. License Fees: The license fees paid by you are paid in consideration of the licenses granted under the License Agreement.
5. Term: The License Agreement is effective upon loading the Program and shall continue until terminated. You may terminate this License Agreement at any time by returning the Program and all copies thereof and extracts there from to Licensor. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Program and all copies and proportions thereof.
6. Indemnification: You agree to indemnify, hold harmless, and to defend the Licensor from any and all costs, damages and reasonable attorney fees resulting from any breach of this agreement or claims that use of the Program has injured or otherwise violated any right of any third party or violates any law.
7. Disclaimer of Warranty: THE PROGRAM AND SOFTWARE CONTAINED THEREIN, ARE LICENSED “AS IS,” AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of liability: LICENSOR’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID TO LICENSOR (IF ANY) FOR THE USE OF THE PROGRAM. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF IMPROPER OR IMPRUDENT USE OF THIS SOFTWARE, INCLUDING USING THE SOFTWARE WHILE DRIVING OR OPERATING THE VEHICLE.
9. Data Usage: The program contains features and functions that may result in data usage through an active internet connection. Depending on your mobile data plan, your mobile carrier may charge you for the data use. The Licensor is in no way responsible for any changes related to mobile data usage incurred while using the Program.
10. Privacy Policy: The Privacy Policy for the Program is available on the Settings page within the Program. Usage of the Program indicates your agreement with the terms of the Privacy Policy.
11. Severability: Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
12. No Waiver: The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Policy Declaration - Data Safety Section: Device Or Other IDs Data Type - Device Or Other IDs include( IMEI, MAC address)because of app security.