The SOFTWARE PRODUCT is a MOVEABLE ASSET TRACKING application installed on a single computer, including a workstation, terminal or other digital electronic device ("COMPUTER") connected to a GSM GPRS/SMS cellular MODEM via the INTERNET and or a suitable GSM Cellular Phone Network. The GSM GPRS/SMS cellular MODEM utilizes a GPS and processor with proprietary embedded firmware to transfer certain defined events as recorded over time to the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is known as KILOMETERS or www.kilometers.co.za or www.kilo-meter.co.za and is the property of KILOMETERS that also holds all intellectual property rights to the SOFTWARE PRODUCT and GSM Modem firmware and associated modem management hardware.
1 END USER LICENSE AGREEMENT (EULA)
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Kilometers (“KILOMETERS”) for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by KILOMETERS.
Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, destroy it or return it to your place of purchase for a full refund, if applicable.
1.1 SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
1.2 GRANT OF LICENSE
This EULA grants you the following rights:
1.2.1 Internet Access
You may access the SOFTWARE PRODUCT via the INTERNET with the username and password designated to you upon the registration of a new hardware "tracking" unit as is described in the registration procedure found on www.kilometers.co.za
1.2.2 Systems Software (Should this option be selected or required)
You may install and use one copy of the SOFTWARE PRODUCT on a single computer, including a workstation, terminal or other digital electronic device ("COMPUTER").
1.2.3 Storage/Network Use
You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on or from which the SOFTWARE PRODUCT is installed, used, accessed, displayed or run. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.
Notwithstanding the foregoing, any number of COMPUTERS may access or otherwise utilize the file and print services and peer web services of the SOFTWARE PRODUCT.
1.2.4 License Pak
If this package is a KILOMETERS License Pak, you may install and use additional copies of the computer software portion of the SOFTWARE PRODUCT up to the number of copies specified above as "Licensed Copies".
1.3 DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
1.3.1 Not For Resale Software
If the SOFTWARE PRODUCT is labeled "Not For Resale" or "NFR," then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
1.3.2 Limitations on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
1.3.3 Separation of Components
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
You may not rent, lease or lend the SOFTWARE PRODUCT.
This EULA does not grant you any rights in connection with any trademarks or service marks of KILOMETERS.
1.3.6 Support Services
KILOMETERS may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the KILOMETERS polices and programs described in the user manual, in "on line" documentation and/or other KILOMETERS-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to KILOMETERS as part of the Support Services, KILOMETERS may use such information for its business purposes, including for product support and development. KILOMETERS will not utilize such technical information in a form that personally identifies you.
1.3.7 Software Transfer
The initial user of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.
Without prejudice to any other rights, KILOMETERS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by KILOMETERS as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by KILOMETERS or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT 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 are reserved by KILOMETERS.
1.6 DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
1.7 BACKUP COPY
After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by KILOMETERS solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.
1.8 EXPORT RESTRICTIONS
You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user, to any end-user who you know or have reason
to know will utilize the SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons.
Should you have any questions concerning this EULA, or if you desire to contact KILOMETERS for any reason, please contact KILOMETERS, or write:
1.10 LIMITED WARRANTY
KILOMETERS warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by KILOMETERS shall be substantially as described in applicable written materials provided to you by KILOMETERS, and KILOMETERS support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, is limited to ninety (90) days. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
1.11 CUSTOMER REMEDIES. NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KILOMETERS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE and or HHARDWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KILOMETERS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF KILOMETERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KILOMETERS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A KILOMETERS SUPPORT SERVICES AGREEMENT, KILOMETERS'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
KILOMETERS SPECIFICALLY DISCLAIMS ALL RESPONSIBILITYILITY or LIABILITY for any applications from RUNNING ON YOUR computer, EVEN IF YOU may have agreed to use THESE APPLICATIONS within certain limitations. It is your responsibility to honor and respect all agreements and their terms for all software installed in your computer prior to or after installing the SOFTWARE PRODUCT.
KILOMETERS SPECIFICALLY DISCLAIMS ALL RESPONSIBILITYILITY or LIABILITY for ANY losses incurred or deemed to have been incurred by ANY party or third parties using the SOFTWARE or HARDWARE PRODUCT in its web format or PC installed format. The CUSTOMER accepts that the SOFTWARE and or HARDWARE PRODUCT may not be suitable for the intended purpose of the CUSTOMER and expressly indemnifies KILOMETERS of ALL RESPONSIBILITYILITY or LIABILITY regarding the SOFTWARE and or HARDWARE PRODUCT.
GSM CELLULAR CONTRACTS.
KILOMETERS is not responsible for the performance of third party contracts such as PRE PAID or CONTRACT cellular sim cards or changes to the rules governing the performance of such contracts by SERVICE PROVIDERS.