This Policy applies to all users of Mobile Applications (each referred to herein as the “Mobile App”) developed by the Transport Exchange Group.
IMPORTANT – READ CAREFULLY
THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “LICENCEE”) AND TRANSPORT EXCHANGE GROUP LTD (“TEG”) FOR THE SOFTWARE PRODUCT(S) IDENTIFIED ABOVE WHICH INCLUDES COMPUTER AND MOBILE SOFTWARE AND ASSOCIATED MEDIA AND DOCUMENTATION (COLLECTIVELY “LICENCED SOFTWARE”) AND ACCESS TO THE “FREIGHT MESSENGER” INSTANT MESSAGING SYSTEM. BY INSTALLING THE LICENCED SOFTWARE, OR DOWNLOADING, INSTALLING, ACCESSING OR UTILIZING THE LICENCED SOFTWARE OR BY LOGGING IN, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, PROMPTLY DELETE THE LICENCED SOFTWARE AND NOTIFY TEG TO REMOVE YOU FROM THE DATABASE.
The Licenced Software may include software owned by third-parties (collectively “Third-Party Owners”). The Third-Party Owners are third-party beneficiaries of this EULA and You agree to be bound to them under all the terms and conditions of this EULA, unless and to the extent that a separate Licence agreement for such software governs. The Licenced Software is protected by copyright and other intellectual property laws. TEG or a Third Party Owner retain ownership of the Licenced Software and the copies of the Licenced Software provided herewith. The Licenced Software is Licenced to the Licensee for use subject to the terms set forth in this EULA.
TEG Mobile Applications End User Licence is supplied in order for you to use the Licenced Software with the TEG system. You must be a registered TEG user to access to the TEG system. This EULA will automatically terminate upon expiry of your account. This Licence does not expand your number of authorized concurrent users for the TEG system.
Grant of Licence
TEG hereby grants to Licence, a non-exclusive, non-transferable and for the period agreed only (unless earlier terminated as provided below) right to use only the executable version (no source code) of the Licenced Software or secure web (HTTPS) access on a single computer or mobile device at any time for its own internal business assessment or to communicate with TEG or its appointed agents or representatives only.
Scope of Licence
You are allowed only the number of concurrent users of the Licenced Software registered onto the TEG system or supplied by TEG and only for the period granted in this Agreement only.
If You wish to expand the number of authorized concurrent users covered by the Licence You may be able to request additional test Licences or Registered Users from TEG.
This client software and access to the TEG system is not transferable and system access may be withdrawn, or extended at the discretion of TEG
You agree not to copy the Licenced Software in design or its code. You may not reverse-engineer the application
Links to Other Software
Use of the Licenced Software may provide links, integrations or “publishing” access to separate third-party software. TEG provides such links, integrations or “publishing” access as a benefit only and such access does not change the Licence rights of the separate third-party software. You must determine if your use of the separate third-party software as accessed through the Licenced Software is in compliance with the respective third-party software end-user Licence agreement.
Warranty/Remedy/Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY AND REMEDY SET FORTH BELOW ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.
Except as provided for in this EULA, no TEG reseller, dealer, agent or employee is authorized to modify or add to the following warranties and remedies. TEG makes no warranty that for this Software nor provides any Service Level Agreement for the performance of the TEG system or Mobile Applications.
To the maximum extent permitted by applicable law, except as provided above, TEG MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE LICENCED SOFTWARE, ITS QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
UNLESS BOTH EXPRESSLY REPRESENTED AND AGREED IN WRITING, THE LICENCED SOFTWARE IS NOT DESIGNED, OR INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE LICENCED SOFTWARE COULD CREATE A SITUATION WHERE SUBSTANTIAL PROPERTY DAMAGE OR PERSONAL INJURY OR DEATH MAY OCCUR. TEG AND ANY THIRD-PARTY OWNERS RECOMMEND AGAINST, AND DISCLAIM ANY LIABILITY FOR, USE OF THE LICENCED SOFTWARE IN ANY SUCH APPLICATION UNLESS SUBJECT TO A SPECIFIC SERVICE LEVEL AGREEMENT
You understand and acknowledge that TEG will not be liable for network-related problems attributable to the operation of the Licenced Software and that network configuration changes may affect the system’s performance.
To the maximum extent permitted by applicable law, TEG’s entire liability under this EULA shall be limited to the amount paid by You for the Licenced Software access for any remaining subscription period.
IN NO EVENT WILL TEG BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENCED SOFTWARE, even if advised of the possibility of such damages. In particular, and without limitation, TEG shall have no liability for any data stored or processed with the Licenced Software on the TEG system, including the costs of recovering such data.
Maintenance & Support
TEG provides maintenance and/or technical support (including upgrades and enhancements) for the Licenced Software only through separate Agreements. Please contact TEG or the place from which You obtained the Licenced Software if You wish to obtain maintenance and/or technical support through the execution of such an agreement.
Compliance; Export Control; Privacy
You must comply with all applicable laws and regulations in your use of the Licenced Software. You may not export, ship, transmit, or re-export the Licenced Software in violation of any applicable law or regulation, including, without limitation, the Export Administration Regulations issued by the United Kingdom Department of Trade and Industry, or any such similar law or regulation issued by such other governmental entity which may have jurisdiction over such export. Further, You agree to abide by all applicable data protection, SPAM, privacy and similar rules, directives and other laws in your use of the Licenced Software.
Your right to use the Licenced Software and the TEG system continues until this EULA is terminated. You may terminate this EULA at any time by destroying all of your copies of the Licenced Software and requesting removal from the TEG database. This EULA will automatically terminate if You fail to comply with the material terms of this EULA. Upon any termination, You agree to remove all Licenced Software from your computers, destroy all copies of the Licenced Software, and, upon request from TEG, certify in writing your compliance herewith.
This Agreement relates to access to TRANSPORT EXCHANGE GROUP LTD (TEG) Mobile Application for the period and users stated only. Additional users authorized onto the system subsequently at your request and if granted will be subject to the same Terms and Conditions and under this Agreement.
Last Updated: February 2017