Licensing Agreement
This is the general Terms and Conditions for all application users. In addition, after completing the registration to the app, please find your local provider Terms and Conditions at the "About" screen.
1. Introduction
1.1 Please read carefully the provisions of this agreement before installation of the software or making any other use of it.
1.2 You agree that installation of the software or making any other use of it constitutes approval that you have read this agreement and understood every one of its conditions, and constitutes approval that you agree to all the conditions and limitations as set forth in this agreement.
1.3 If you do not agree to all the conditions of the agreement as set forth below, without exception, please cancel installation of the software and do not make any other use of it, or return the software and the accompanying equipment to the supplier from whom it was purchased.
1.4 The software may not be sold, leased, transferred, or distributed unless this action was approved in advance and in writing by the permitter (as set forth below).
1.5 This licensing agreement (hereinafter: "the license for use") for the software (as set forth below) is a binding legal agreement between you (an individual or any other legal entity) (hereinafter: "the permittee " or "the user") between Traffilog Ltd, private company 51-336779, whose address is 10 Ha'amal St, Afek Park, Rosh Ha'ayin (including suppliers, permittees , and/or entities related to it), (hereinafter: "the permitter "), regarding the AD Connected software as set forth in section 3 below.
1.6 This licensing agreement is made between the permitter and you only. All the suppliers, permittees , and entities related to the permitter come into the category of a third party and beneficiaries by virtue of the rights of the permitter pursuant to this licensing agreement, but are not a party to it and no commitment vis -a- vis you shall apply to them.
1.7 For your information, clicking the "Accept" Button in the installation menu and/or installation of the software and/or its copying and/or making any use of or other action to the software means an unambiguous declaration on your part that you unreservedly agree to all the conditions as set forth in this licensing agreement and that you undertake to act in accordance with them.
1.8 If you do not agree to any of the terms and conditions of this licensing agreement, select the back button and avoid installation of the software.
1.9 To remove any doubts it is clarified that this is an agreement that specifies your rights as the permittee only and it is not a sales agreement. It is also clarified that the permitter continues to be the owner of the copy of the software in your possession and of the hardware unit by means of which data are received that are used during use and operation of the software, and of any other copy that you are permitted to make in accordance with this licensing agreement.
1.10 Based on your agreement to all the conditions of this licensing agreement, the permitter grants you a personal, temporary limited, conditional and non-exclusive license, to make use of the software, the files and the documents attached to it, if any, under the conditions as set forth below.
2. Acceptance of the conditions of the agreement
2.1 The parties recognize that this licensing agreement comes into effect on clicking the approval box and without signing it.
2.2 The user hereby recognizes that immediately after the lawful purchase of the software forming the subject of this agreement (as set forth in section 3 below) any use and/or installation in a supporting cellular device or in any other hardware, as well as installation of such hardware in a vehicle, and after clicking the "I agree" box displayed by the software during installation or use (hereinafter: "activities of use") shall be regarded as acceptance of all the conditions, stipulations and limitations of this licensing agreement by the user as being legally binding in all respects.
2.3 In no circumstances does this agreement award any rights whatsoever to anyone who has unlawfully purchased, used, installed in a supporting cellular device or in any other hardware, installed in a vehicle, or used the software in any other way.
3. The software
3.1 The software forming the subject of this agreement is software which designed to provide information about driver behavior and vehicle control that belongs to the permitter , including the database, computer files, sound track files, appearance and feeling, display, configuration, structure, design, images, video, graphics, user interface, colors, animation, translation, sub-titles, symbols, documentation, database, and updates, upgrades, changes, supplements, expansion of the database and the computer files, and the documents attached to it, etc. (hereinafter: "the software").
3.2 The software includes the cellular application for its operation and any contents or services of a third party that may be accessed by means of the software (hereinafter: "the database").
3.3 All types of display, storage, and coding, including printed, electronic, or graphical presentation, storage, source or target code of the software, or any other form that has not yet been defined of display, storage, or coding, by any means whatsoever, shall be regarded as part of the software.
3.4 Correction of errors, supplements, and updates used by the permittee after making this licensing agreement shall also constitute part of the software.
4. Terms of use
As a permittee you are entitled to perform only the following operations:
4.1 Install the software in a single hardware IPhone device, or those supported by the operating system "Android", and this, for private personal use only.
4.2 Use the software in accordance with the conditions of this licensing agreement and in accordance with the provisions and directions included in the software and/or in its accompanying documents.
4.3 The user shall be entitled to use contents available by means of the software, that are supplied by third parties, and data available by means of the services supplied by third parties, if any for his personal use only and at his personal risk only. It is absolutely forbidden to store, transfer, or distribute these data or contents or to disclose them to the public – in whole or in part – in any format whatsoever, or to download them from the software.
4.4 The software is intended for personal use only and is protected by the laws of copyright as well as any other law that applies to the subject. Your making any use whatsoever of the software is equivalent to your agreement that you will use the software in accordance with the laws applicable in the region of jurisdiction in which you are using the software, including, but not only, the laws of copyright and intellectual property that apply in addition to the conditions of this licensing agreement. Apart from this you agree to use the software subject to anything existing in the legislation and regulations in effect in any place in which you make use of the software.
5. Limitations on use of the software
The following activities in the software, as well as in any data whatsoever included in the software and/or that may be included in the software in the future, are absolutely prohibited, whether or not for a consideration, and you are not entitled to:
5.1 Duplicate the software (make a copy of it) except in accordance with the conditions of this licensing agreement.
5.2 Lease, hire out, lend, distribute, transfer, reveal, or assign the software and/or the rights of the permitter to a third party or permit any third party whatsoever to make use of the software.
5.3 Grant access to the software including by means of files sharing software or by other means and/or telecommunications of any kind.
5.4 Distribute, transmit, or display the software in public.
5.5 Make any use of the software and the contents included therein not in the configuration in which it was furnished to the permittee , including – but not only – change it, translate it (including translation (compilation) to other programming languages), de-compile the software and/or evade the means of protection of the software, or change, bypass, or neutralize this protection by technological or other means for any purpose whatsoever, reconstruct the source code, and similar activities.
5.6 Change, expand, convert the software (in whole or in part), split it into parts, attach it to other products not for the purpose of this licensing agreement, install it in other products, exploit it in other products, not even for the aim of achieving cooperation with other products.
5.7 Remove and/or delete from the software and/or its attachments labels and/or a notice regarding any intellectual property right whatsoever in the software, including, but not only, regarding copyright, trademarks, limitations, etc.
5.8 Use the contents included in the software by means of printing or distribution of a derived product, including, but not limited to, one intended for distribution to the public, whether or not for payment.
5.9 Operate a service bureau or any other process involving processing of the software data and data of other persons or entities.
5.10 Make any use of the software, except by means of the copy supplied to you by the permitter .
5.11 Purchase or sell, or attempt to purchase or sell, any right or title to the software, by yourself or by means of a third party.
5.12 Acquire or extract information from the database included in the software, de-compile the database, use, copy, change, expand, convert the database in whole or in part or the groups of data stored therein, or install other products, or use it with other products or transfer it, not even for the purpose of achieving cooperation with other products.
6. Change, updating, and upgrading of the software
The permitter shall be entitled to make and/or introduce changes and/or supplements to the software at its sole and absolute discretion at any time without the need to give notice, in advance or a posteriori. However, this does not constitute any commitment whatsoever by the permitter to update the software and/or the database, and this license does not grant the permittee the right to receive upgrades and/or future improvements to the software.
7. Intellectual property rights
7.1 The permitter is the sole owner of the title, the intellectual property rights, and the rights of any kind to the software and the documents attached to it. The software is protected by the laws of copyright and intellectual property in Israel [please fill in the applicable country]
7.2 The intellectual property rights apply both to the entire software and to each of its separate parts.
7.3 You hereby agree and confirm that all the patents, patent rights, trademarks, copyright, commercial names and all the other rights related to the software and the documentation, are and shall remain the sole property of the permitter .
7.4 You hereby agree and confirm that all the data derived from the software are the sole property of the permitter and/or of the holder of the right that granted a license for use of these data.
7.5 You hereby waive any demand or claim, directly and/or indirectly, regarding or in connection with any right and/or ownership and/or any matter whatsoever, whether regarding a registration and/or patent and/or right to a patent and/or trademarks and/or copyright and/or commercial names and/or logo and/or any symbol indicating any right of ownership to the software and/or any other right related to the software and its documents and/or to the use of any of these, that belong solely to the permitter or to anyone acting on its behalf.
7.6 You hereby waive any demand or claim, directly and/or indirectly, in connection with any right and/or ownership and/or any matter whatsoever, whether regarding a registration and/or patent and/or trademarks and/or copyright and/or commercial names and/or any symbol indicating any right of ownership therein that belong solely to the permitter and/or that are used by the permitter and/or its agents and/or anyone acting in its name and/or anyone acting on its behalf and in connection with any development, improvement and/or innovation in connection with the software. The permittee undertakes to avoid any risk, limitation, involvement, and/or harm in any way to the software, the rights therein, the right or the possibility of making use of the trademark, the commercial name and/or any other name, symbol and/or mark that belongs and/or may belong to the permitter and/or to entities related to it.
7.7 By making this agreement the permitter reserves all the rights connected to the software, except for those to which the user is entitled in accordance with the laws of the country in which he makes use of the software and/or in accordance with the provisions of this agreement.
8. Information and hardware of third parties
8.1 Some of the services that the software is capable of supplying include information that originates in third parties and/or require the separate purchase of additional hardware elements that originate in third parties (hereinafter: "the information and/or the hardware of third parties").
8.2 The permitter does not support or guarantee the accuracy and/or serviceability and/or availability and/or continuity of operation of any information and/or hardware of third parties and it makes no commitment in any way whatsoever that the information and/or the hardware of third parties will be reliable, complete, precise, updated, serviceable, etc.
8.3 Since the permitter has no control over the third parties or over the information and/or hardware of the third parties including, inter alia, the correctness and accuracy of the information and/or the quality of the hardware supplied by them and/or control over continuation of the activities of the third parties and/or the continuity of their activities, the permitter is not responsible in any way whatsoever for the correctness and/or accuracy and/or availability of the information and/or the hardware and/or the continuity of their operation and the user confirms and agrees as an integral part of the conditions of this license that if any third party whatsoever should halt the service supplied by it and/or by means of any other third party whatsoever, the user shall have no complaint and/or demand and/or claim against the permitter .
8.4 The permitter , its managers, workers, and/or anyone acting on its behalf, shall not be responsible in any way whatsoever, and shall bear no liability, in any way whatsoever, for any damage caused to you or that is alleged was caused to you, directly or indirectly, as a result of your use and/or reliance on the information and/or hardware of any third parties whatsoever and/or the halting of their activities.
9. Warranty and service
9.1 The permitter makes considerable efforts to supply to you the highest quality and most suitable product existing at the time of its distribution, but the software is supplied to you As Is, and the permitter does not and cannot grant warranty for the results and/or performance received during use of the software.
9.2 The permitter makes no commitment whatsoever regarding the performance and/or results obtained from use of the software nor does it make a commitment that the operation of the software will be continuous or free of errors or that the information displayed by the software will not contain errors. In all cases the information supplied by the software should not be relied on as a sole measure.
9.3 The permitter shall bear no liability whatsoever for damage caused as a result of use of the software while driving.
9.4 The permitter does not give any guarantee and/or warranty and does not attempt to present a situation in which the information is perfect and/or precise and/or updated, and you accept the conditions of this licensing agreement on this basis. Subject to the terms of the warranty and/or the stipulation that are not valid and/or are limited in accordance with the applicable law, the permitter does not grant warranty of any kind whatsoever – explicitly and/or implicitly and/or by virtue of legislation and/or by virtue of the accepted law and/or by virtue of custom and/or practice and/or of any other kind and/or a commitment that the software is suitable for a specific aim – professional or private – whatsoever and/or satisfaction and/or for any other matter or reason.
9.5 The information supplied by the permitter shall not be regarded as the giving of a proposal, persuasion, advice, commitment and/or exhibit whatsoever, either expressly, generally, and/or by virtue of any law, either vis -a- vis you as a permittee and/or any third party whatsoever, including exhibits and/or commitments regarding the quality, reliability, accuracy, completeness, and level of updating of the software.
9.6 The sole liability of the permitter is for the serviceability of the OBD unit installed in your vehicle, during a period that shall not exceed one year from the date of purchasing the software, for the purpose of repair or replacement, at the sole discretion of the permitter , when complete, as well as a certificate of warranty attached to the package that you purchased, signed by the permitter or its authorized distributor, together with the purchase invoice.
9.7 The permitter shall not be responsible in any way for any cost and/or damage – direct and/or indirect – and shall not be responsible for any resultant damage and/or loss of profits and/or loss of savings, including in the event of information being given to a representative of the permitter in connection with the aforesaid risks and/or any damage that may be caused or alleged by any third party whatsoever. The aforesaid limitations shall apply only when there is no conflict between them and the applicable law. You confirm that the maximum damage that may be reasonably expected on the date of purchasing and installation of the software shall not exceed the sum paid for the software, if any, and the return of the sum for purchasing the software shall constitute fair, full, and final compensation for any damage liable to be caused to you as a result of use of the software.
9.8 The permitter is not responsible for the software being suitable for every aim defined by it or by you, and does not give warranty that the software will be capable of cooperation with the system, the standard, or other products (for example, software or hardware) that are not the OBD unit.
9.9 The permitter shall not be liable for damage caused as a result of an error in the software (including errors in the computer program, the documentation, and the database).
9.10 In some of the devices the services supplied by the software are likely to obligate data telecommunications whose cost shall apply to you only. Consequently, before making use of the software it is recommended to contact your Internet provider and/or the cell phone company in which you are a subscriber in order to clarify the costs involved in this.
9.11 You expressly declare that you are aware that the software and the OBD unit do not constitute a protection system and as such are not intended to supply protection services for your vehicle or for any vehicle regarding which the software supplies information in accordance with this license. It is clarified that if your vehicle is stolen it will be impossible to locate it by means of the software and/or the OBD unit, and you agree, without limitation to the generality of the aforesaid, that you shall have no complaint and/or demand vis -a- vis the permitter in connection with this.
10. Indemnification
The software is intended for use with lawful and permitted programs, contents, and hardware. You hereby undertake to indemnify and/or defend the permitter , its agents, managers, consultants, and sub-contractors against any loss, damage (including bodily injury), fine, and/or cost (of any kind including costs of experts and lawyers' fees) that may be caused as a result of and/or in connection with any action or claim in connection with use to be made by you and/or by anyone acting on your behalf and/or for you and/or with your permission and/or by one who took the software from you, with or without your consent, while infringing the rights of the permitter and/or any third party whatsoever and/or while infringing the conditions of the license and/or contrary to any law.
11. Cancellation and infringement of the agreement
This licensing agreement shall expire automatically and without the need for notice or warning, in advance or a posteriori, in any case of infringement of any of the conditions of this licensing agreement by you and/or in the event of it being declared that this licensing agreement or any of its conditions are invalid or cancelled. You undertake that immediately after cancellation of the license you will delete and destroy all copies of the software and the documents accompanying it. Without limitation to any other relief available to them by law, the permitter or any of its individuals shall be entitled to immediately and unilaterally halt the permission given in this license and/or any permission given, if any, in connection with it in the event of the permitter thinking, at its sole and absolute discretion, that you are infringing the conditions of the license. Expiry and/or cancellation of the license shall not affect or detract from your obligations in accordance with sections 4, 5, 7, 9, 10, 11, and 12 of this agreement.
12. Penalties
The permitter hereby announces that in the event of it finding that its rights in the software have been infringed, it shall be entitled, at its sole and absolute discretion, to take any of the following measures against you, jointly and severally:
12.1 To demand recognition of this infringement in the court.
12.2 To demand the halting of the infringement and the giving of an order to the person who caused the infringement to immediately cease it.
12.3 To demand compensation in respect of the infringement and the damage caused (also publicly, at the expense of the entity that caused the infringement).
12.4 To demand the cessation of the situation that caused the infringement and return to the situation preceding the infringement, at the expense of the entity that caused the infringement, and to demand destruction of the means and materials that caused the infringement and of the objects created as a result of the infringement.
12.5 To submit against you a civil action including for damages.
12.6 To instigate criminal or quasi-criminal proceedings against you.
13. Privacy
13.1 The permitter regards itself committed to the principles of protection of privacy, and this privacy declaration describes the approach to this issue. When making use of the software and providing personal details of any kind you agree that the permitter shall make use of these data in accordance with this declaration of privacy. In any question regarding these matters, please send an email to the following address: obdsupport@traffilog.com
13.2 The permitter collects a real time and historical data of; location, vehicle driving control (turns, braking, strong acceleration and travel speed) mechanical control of the vehicle (malfunctions, fuel consumption and engine events), vehicle information, user information inserted by him and details of drivers inserted by the user (hereinafter: "the private information").
13.3 The permitter makes use of the private information solely for the purpose of the aims for which they were supplied as part of this agreement.
13.4 The permitter shall be entitled to supply the private information to entities related to the operation of the software and to its business partners, provided that they will only use this information in accordance with the provisions of this privacy policy, and to any enforcement authority and/or in accordance with any court order.
13.5 You hereby give your consent to be included in the database maintained by the permitter in accordance with the law. You are not legally obligated to furnish the private information.
13.6 The permitter shall not supply to third parties information that permits personal identification, unless there is a legal obligation to do so or if this is expressly required by you or in some other way as set forth in this agreement. The permitter recognizes that the private information is valuable and takes reasonable steps to preserve the private information while it is in its possession.
13.7 The permitter implements the accepted standards for technological and operational security in order to protect data and information that permit personal identification against loss, misuse, change, or destruction. In particular the permitter makes use of technical and operational security measures in order to prevent exposure or unauthorized or illegal processing of the aforesaid information and data and also the accidental loss, destruction, or damage of such information and data. The workers of the permitter and/or anyone acting on its behalf that have access to the information that permits personal identification have agreed to preserve the confidentiality of this information.
However, while the security measures reduce the chances of unauthorized penetration of the permitter's computers, they do not provide absolute security. Consequently the permitter does not guarantee that the services provided during use of the software will be totally proof against unauthorized access to the information stored in them.
13.8 The permitter is not responsible in any way for verification of the correctness of details of the information furnished to it. When this is practically possible, if the permitter should receive notice that any personal details whatsoever collected in the site are incorrect, the permitter shall make the appropriate corrections based on updated information furnished by the permittee whose identity has been verified.
13.9 If you wish to receive details regarding the information that you furnished to the permitter , you have the right of access to the aforesaid information and you are entitled to contact us by means of the email address as set forth above.
13.10 The permitter shall be entitled to change the provisions of the privacy policy from time to time. If material changes are made in this policy, to provisions that address the use of the personal information that you supplied, notice of this shall be published on the home page of the permitter's website at the address: www.traffilog.com.
13.11 The permitter receives information from the software by means of cellular telecommunications. Just as when using a cell phone, also in the case of the software the cellular network collects data regarding your estimated location. It is clarified that the collection and use of this information is made by the cellular company and at its responsibility.
13.12 You are required to notify anyone who uses your vehicle in which the OBD unit is installed and for which the software is operated, on your behalf or with your permission, that a system is installed in the vehicle that collects private information, and you are responsible for ensuring that he gives his approval for this.
13.13 You are aware that, during use of the software, data are also collected, that permit personal identification, that are expressly and willingly supplied by the user of the software. Your personal details will be used by the permitter for the purpose of operation, supply, and development of its services, customer service, general improvement of the service, and the supply of a customized service, billing, customer contacts, marketing, and added value services, and also for the purpose of sending marketing material, publicity, and giving benefits, in all forms of the media, including the automatic dialing system, fax, email, and short text messages ("electronic means"). You shall be entitled to notify the permitter at any time of your wish to cease to receive advertising by electronic means. The permitter shall be entitled to use information about you that has been supplied or collected, in a way that does not identify you personally, for any purpose.
13.14 The permitter may record and document phone calls made between you and its authorized representatives and make use of these recordings for the purpose of improvement of the service, also in cases in which there is a dispute with you or with anyone acting on your behalf.
13.15 The permitter shall be entitled to transfer your personal details and information about you to third parties, for the purpose of the said aims and uses, as the permitter itself is entitled to do, as well as in any of the following cases:
a) at your request;
b) in accordance with an order of a competent authority;
c) in order to collect payments due from you and/or from anyone acting on your behalf to the permitter and to exercise its rights in accordance with the agreement between you and the permitter ;
d) in order to send notices, participation in special offers, needs of marketing, etc. (subject to your consent);
e) to prevent fraud;
f) for the purpose of processing of data collected by the permitter or by anyone acting on its behalf.
13.16 You hereby confirm that the permitter may transfer all the information about you as accumulated in its databases to a third party, as part of the transfer of its business affairs (in whole or in part) to the said third party, subject to the third party undertaking to preserve your personal details and the data transferred to it, as was done by the permitter .
14. Miscellaneous
This license together with the provisions and conditions included in the software and the documents accompanying it, fully and uniquely reflects all the relations and agreements between you and the permitter , and no order and/or publication of the permitter and/or any other document issued by you to the permitter , whether or not rejected by the permitter , shall change any of its conditions. If a competent court should rule that any part whatsoever of this license is not enforceable and/or is invalid, that set forth in the said part shall be modified so as to make it enforceable and/or valid so as to match the original intention of the condition. In all cases the said modification shall be valid only when the limitation applies to the said part and/or in the said place of jurisdiction in which the limitation applies, as set forth above, and this shall not limit or change the license in a different region of jurisdiction, or the other parts of the license in other circumstances.
15. General
15.1 The headings in this licensing agreement are intended for convenience only and do not by themselves constitute a basis for interpretation or distinction between its sections and/or for granting a right and/or authority that was not expressly awarded.
15.2 In the event of conflict between that implied in the heading and the contents of a section, that set forth in the contents of the section shall prevail.
15.3 Any change and/or reduction and/or waiver and/or extension and/or notice in connection with this licensing agreement shall not be valid unless made in writing and signed by the manager of the permitter who was specially authorized to do so.
15.4 Avoidance by the permitter of taking a specific step for enforcement of its rights pursuant to this licensing agreement and/or by law, shall not be regarded as a waiver of the said right and/or part thereof, and the said avoidance shall not affect any claim by the permitter or by any of its individuals, for exercise of its rights.
15.5 Every application and/or notice on your part shall be made in writing only, by registered mail and/or by personal delivery with confirmation of delivery, and shall be given directly to the permitter or to one of its individuals, in accordance with the addresses appearing in the preamble to this licensing agreement.
15.6 Distributors and suppliers do not represent the permitter and are not authorized to accept notices and/or court documents in its name and/or for it and/or in its place.
16. Jurisdiction stipulation
There shall apply to this license, and to any claim and/or argument in connection with that set forth in it, the laws of the State of Israel only. The unique and sole jurisdiction for hearing any action and/or dispute and/or matter resulting from the software including its purchase, its use, the validity and existence of this license and/or in connection with it, is the competent court in the Tel Aviv district.
You are obligated as a user who is a resident or citizen of a country that is not the State of Israel or who makes use of the software in a country that is not the State of Israel, to examine and check whether the use and terms of use of the software also comply with the laws of the country in which you are staying and/or making use of the software.
The permitter cannot match the use and terms of use to all the laws of every country in the world. Consequently it is clarified that you shall bear sole responsibility for any infringement of the law of a country that is not the State of Israel, if made as a result of use of the software.
attribution license