myCAPPTAIN End User License Agreement
I herewith take full responsibility for using the data CAPPTAIN provides, including all risks that may be connected to it’s use or may derive from it.
myCAPPTAIN Other Conditions
IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE PURCHASING OR USING THIS APPLICATION. PURCHASING, INSTALLING, COPYING, OR OTHERWISE USING THIS APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PURCHASE, INSTALL OR USE THE APPLICATION.
The download that you are making may contain an application, content, or both. If an application, the application, including its embedded software (collectively, the “Application”) is owned by the producer of myCAPPTAIN or its affiliates and sold under the brand myCAPPTAIN (collectively, “myCAPPTAIN”). The map data that may be embedded in the Application or downloaded separately (the “Map Data”) is either owned by a third. Both the Application and Content are protected under copyright laws and international copyright treaties. The Application and Content are licensed, not sold. The structure, organization and code of the Application are valuable trade secrets of myCAPPTAIN and/or its third- party providers. The Application and Content are provided under this License Agreement and are subject to the following terms and conditions which are agreed to by End User (“you” or “your”), on the one hand, and myCAPPTAIN and its licensors and affiliated companies of myCAPPTAIN and its licensors, on the other hand. If you are obtaining the Application from a third party application vendor (the “Application Vendor”), you acknowledge that myCAPPTAIN, and not the Application Vendor, is responsible for the Application. myCAPPTAIN’s licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of myCAPPTAIN and its licensors, are each a direct and intended third party beneficiary of this Agreement and may enforce their rights directly against you in the event of your breach of this Agreement.
License Terms and Conditions.
myCAPPTAIN (“we” or “us”) provides you with the Application and the embedded or accompanying Content, including any “online” or electronic documentation and printed materials, and grants you a limited, non- exclusive license to use the Application and Content in accordance with the terms of this Agreement. You agree to use the Application and Content for solely personal use, or if applicable, for use in your business’ internal operations, and not for service bureau, time-sharing, resale or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy the Application and Content only as necessary for your use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Application or Content in any way. Your use of the Application must not violate any usage rules of the Application Vendor or any other third party service provider you use to enable the Application. You agree not to otherwise reproduce, copy, archive, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application and Content, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws. myCAPPTAIN also reserves the right to discontinue offering any Content supplied by any third party supplier if such supplier ceases to supply such content or myCAPPTAIN’s contract with such supplier terminates for any reason.
If purchased your Application from a third party application vendor and you need operational or technical support and assistance regarding the installation, un-installation, use or operation of the Application, or if you have questions, complaints or claims regarding the Application, contact myCAPPTAIN at:email@example.com
Acknowledgement of Application Vendor Responsibility.
If you purchased your Application from a third party application vendor, the Application Vendor shall have no maintenance or support obligation for the Application, nor any responsibility for addressing any claims from you or any third party regarding the possession or use of the Application, including without limitation product liability claims, claims of failure to meet legal or regulatory requirements or consumer protection laws claims. Further, the Application Vendor shall have no responsibility regarding third party claims of intellectual property rights violations as a result of your possession or use of the Application.
Except where you have been specifically licensed to do so by myCAPPTAIN, and without limiting the preceding paragraphs, you may not use the Application or Content with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, and which are capable of dispatch, fleet management or similar applications where the Content is used by a central control center in dispatching a fleet of vehicles. In addition, you are prohibited from renting or leasing the Application or Content to any other person or third party.
The Application and the Content are provided to you “as is,” and you agree to use them at your own risk. myCAPPTAIN and its licensors including the licensors, service providers, channel partners and suppliers, and affiliated companies of myCAPPTAIN and its licensors, make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Application or Content, or that the Content or server will be uninterrupted or error-free. The Application and Content are intended to be used only as supplementary travel aids and must not be used for any purpose requiring precise measurement of direction, distance, location or topography. myCAPPTAIN MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE MAP DATA OR THE CONTENT.
Disclaimer of Warranty.
myCAPPTAIN AND ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND AFFILIATED COMPANIES OF myCAPPTAIN AND ITS LICENSORS, DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY myCAPPTAIN OR ITS SUPPLIERS AND LICENSORS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT.
Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability.
myCAPPTAIN AND ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND AFFILIATED COMPANIES OF myCAPPTAIN AND ITS LICENSORS, SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE APPLICATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE APPLICATION, ANY DEFECT IN THE CONTENT OR INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION OR FROM DEFECTS OR ERRORS IN THE APPLICATION, EVEN IF myCAPPTAIN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. myCAPPTAIN’s AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION OR THE CONTENT SHALL NOT EXCEED $1.00. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. If you purchased your Application from a third party application vendor, THE SOLE AND MAXIMUM RESPONSIBILITY OF THE APPLICATION VENDOR IN THE EVENT OF A WARRANTY FAILURE IS A REFUND OF THE APPLICATION PURCHASE PRICE.
Disclaimer of Endorsement.
Change of Content Providers. Reference to any products, services, processes, hypertext links to third parties or other Content by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by myCAPPTAIN or its licensors. Product and service information are the sole responsibility of each individual vendor. Providers of Map Data and Other Content may be changed by myCAPPTAIN during the term of this Agreement, and your experience with the Content provided by a new provider may not duplicate your experience with the previous Content supplier.
You agree not to export from anywhere any part of the Content or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.
You agree to indemnify, defend and hold myCAPPTAIN and its licensors, including the respective licensors, service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of myCAPPTAIN and its licensors, 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 attorney’s fees, arising out of or in connection with any use or possession by you of the Application or Content.
Use of the Map Data is subject to certain restrictions and/or requirements imposed by third party suppliers and/or governmental or regulatory.
myCAPPTAIN’s GPS-Dataprovider holds the rights to the incident data included in the Content and the network through which it is delivered. You may not modify, copy, scan, or use any other method to reproduce, duplicate, republish, transmit, or distribute in any way any portion of data. You agree to indemnify, defend, and hold harmless the GPS-Dataprovider (and its affiliates) and myCAPPTAIN against any and all claims, damages, costs, or other expenses that arise directly or indirectly out of your unauthorized use of information’s.
The data is informational only. You assume all risk of use. The GPS-Dataprovider, myCAPPTAIN, and their suppliers make no representations about content, course, route usability, or speed.
myCAPPTAIN and GPS-Dataprovider(s) make no warranty of fitness or compatibility of the data with the Application you have chosen to download or your device and no warranty that the data will operate properly as integrated and interfaced with the Application or your device . In addition, myCAPPTAIN and its GPS-Dataprovider (s) make no warranty with regard to the reliability, accuracy, exhaustiveness and completeness of the data, which may contain inaccuracies and/or errors from time to time. To the maximum extent permitted by applicable law, any and all warranties of any kind whatsoever with regard to the data are hereby expressly waived and excluded, including, but not limited to, those of merchantability, fitness for a particular purpose, accuracy or completeness of the data, and/or a lack of viruses.
myCAPPTAIN and its GPS-Dataprovider(s) disclaim all liability for any loss, injury, or damage resulting from use of or inability to use the Application and data as a result of weather difficulties, the destruction of transmitters and/or other broadcasting infrastructures, a natural disaster, and/or a lack of reliability, completeness or accuracy of the data. In no event shall myCAPPTAIN or its GPS-Dataprovider(s) be liable to you or any other party for any compensatory, indirect, incidental, special, or consequential damages (including, without limitation, indirect, direct, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the Application or the data, even if myCAPPTAIN has been advised of the possibility of such damages.
This Agreement is effective until such time as (i) if applicable, your subscription term is either terminated (by you or by myCAPPTAIN) or expires, or (ii) myCAPPTAIN terminates this Agreement for any reason, including, but not limited to, if myCAPPTAIN finds that you have violated any of the terms of this Agreement. In addition, this Agreement shall terminate immediately upon the termination of an agreement between myCAPPTAIN and any third party from whom myCAPPTAIN (a) obtains services or distribution necessary to support the Application, or (b) licenses Content. You agree, upon termination, to destroy all copies of the Content. The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.
These terms and conditions constitute the entire agreement between myCAPPTAIN and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of myCAPPTAIN and its licensors, and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
The above terms and conditions shall be governed by the laws of Switzerland. Any translation of this Agreement from German is provided as a convenience only. If this Agreement is translated into a language other than German and there is a conflict of terms between the German version and the other language version, the German version will control.
I confirm that I have read & fully understood the user conditions herein, & I fully agree with them.