Dear valued customer, dear appreciated user,
Congratulations for your decision to work with our software product “GPS Fleet Software” (referred to as “the software” later on in this document). We hope that this documentation is a great help for you to understand and use our software better.
This function is still in development and is likely going to be changed in the future. Your feedback is very welcome to help us, finding eventual bugs and problems with this function. There is no guarantee for this function to work exactly as pictured yet.
|optional||This feature is not part of our standard product, it might need additional configurations and additional costs might occure|
|Software||The GPS Fleet Software is referred to as the "Software"|
|Provider||Your direct sales contact where you bought the software|
|Device||GPS Tracking Device|
|Asset||Vehicle or tracking device|
Contact information and copy right details can be found on our website www.gps.at
Reproduction or any forms of copies of this document are strictly forbidden without our consent. This document describes the functional overview of the software „as is and with fault“ at time of creation of this document. This document can be changed without prior notice.
We will take no responsibility for any kind of damages or losses arising out of this document.
Disclaimer and Exclusion of Liabilities
Our up-to-date standard terms must be accepted for using the software. They can be downloaded under the following link: http://www.gps.at/downloads/terms.pdf
THE LICENSED SOFTWARE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” AND WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY US OR ANY OF AGENTS, EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND LICENSEE IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION FOR THE USAGE OF THE SOFTWARE.
Software License, Warranty & Updates
Our customers are free to use their one-time bought license of the software for the agreed number of tracked assets. In case of additional installations or more vehicle licenses please contact your point of sale or the producer.
The software is delivered with the version mentioned on the first page and with the functional scope described in our commercial quotation. We will inform our valued customers periodically about new versions or new available features of the software. All those developments are new products and can be installed additionally or instead of the initial version.
We grant the customer (or “Licensee”) a non-exclusive, non-transferable license to use the licensed software only internally and copy it only for purposes of backups.
The licensee shall make no false or misleading representations with regard to HTS, the licensed software or the number of vehicles he uses or engage in deceptive practices trying to alter the software or use it outside of the initial agreement as stated in the quotation. The licensee shall not distribute the licensed products. The licensee acknowledges that it is prohibited from reverse engineering the licensed software, and that it is prohibited from distributing the licensed products in any fashion.
Ownership of licensed products. The licensed software is licensed and not sold. The Licensee agrees that the producer (and/or its suppliers and licensors) owns all proprietary rights, including, but not limited to any copyright, moral rights, title, trade secret, trademark, patent and other proprietary rights, in and to the licensed product, including any derivatives thereof, and any corrections and Updates to such licensed product or any derivatives thereof, and licensee shall make no assertion to the contrary.