LOADRIGHT END USER LICENSE AGREEMENT
Last updated
March 05, 2021
LoadRight is licensed to You (End-User) by LoadRight, LLC., located
at 2150 S Central Expressway McKinney, TX, Texas 75070
, United States
(hereinafter: Licensor), for use only under the terms of
this License Agreement.
By downloading the Application from the Apple AppStore, and any
update thereto (as permitted by this License Agreement), You indicate that You
agree to be bound by all the terms and conditions of this License Agreement, and
that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is
not a Party to this License Agreement and is not bound by any provisions or
obligations about the Application, such as warranty, liability, maintenance and support thereof. LoadRight, LLC., not
Apple, is solely responsible for the licensed Application and the content
thereof.
This License Agreement may not provide for
usage rules for the Application that conflict with the latest
App Store Terms of Service
. LoadRight, LLC. acknowledges that
it had the opportunity to review said terms and this License Agreement is not
conflicting with them.
All rights not expressly granted to You are
reserved.
1. THE APPLICATION
LoadRight (hereinafter: Application) is a piece of software created
to track location of driver/device, determine if load is in transit, driver can publish a quick
and easy status about the load in transit (delays, delivery status, loading status), open native maps
application to provide directions to destinations, view previous loads and accept future loads - and customized for Apple
mobile devices.
The Application is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use this
Application. You may not use the Application in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2.1 You
are given a non-transferable, non-exclusive,
non-sublicensable license to install and use the Licensed Application on any
Apple-branded Products that You (End-User) own or control and as permitted by
the Usage Rules set forth in this section and the App Store Terms of Service,
with the exception that such licensed Application may be accessed and used by
other accounts associated with You (End-User, The Purchaser) via Family Sharing
or volume purchasing.
2.2 This
license will also govern any updates of the
Application provided by Licensor that replace, repair, and/or supplement the
first Application, unless a separate license is provided for such update in
which case the terms of that new license will govern.
2.3 You
may not share or make the Application available to third
parties (unless to the degree allowed by the Apple Terms and Conditions, and
with LoadRight, LLC.'s prior written consent), sell, rent, lend, lease or
otherwise redistribute the Application.
2.4 You
may not reverse engineer, translate,
disassemble, integrate, decompile, integrate, remove, modify, combine, create
derivative works or updates of, adapt, or attempt to derive the source code of
the Application, or any part thereof (except with LoadRight, LLC.'s prior
written consent).
2.5 You
may not copy (excluding when expressly
authorized by this license and the Usage Rules) or alter the Application or
portions thereof. You may create and store copies only on devices that You own
or control for backup keeping under the terms of this license, the App Store
Terms of Service, and any other terms and conditions that apply to the device
or software used. You may not remove any intellectual property notices. You
acknowledge that no unauthorized third parties may gain access to these copies
at any time.
2.6 Violations
of the obligations mentioned above, as well
as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor
reserves the right to modify the terms and
conditions of licensing.
2.8 Nothing
in this license should be interpreted to
restrict third-party terms. When using the Application, You
must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The
Application requires a firmware
version iOS 11 or higher. Licensor recommends using the latest
version of the firmware.
3.2 Licensor
attempts to keep the Application updated so
that it complies with modified/new versions of the firmware and new hardware.
You are not granted rights to claim such an update.
3.3 You
acknowledge that it is Your responsibility to
confirm and determine that the app end-user device on which You intend to use
the Application satisfies the technical specifications mentioned above.
3.4 Licensor
reserves the right to modify the technical
specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The
Licensor is solely responsible for providing any maintenance
and support services for this licensed Application. You can reach the Licensor
at the email address listed in the App Store Overview for this licensed
Application.
4.2 LoadRight
, LLC.
and the End-User acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to the
licensed Application.
5. USE OF DATA
Any personal information you provide to Licensor in the use of our Software is governed by Licensor’s
Privacy Policy. By accessing Licensor’s website and/or using Licensor’s Software means you agree and accept the terms of our privacy policy.
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information,
and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's
Privacy Policy
.
6. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and
other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or in the Application, including but not limited to
text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Application and through third-party websites or applications. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
1. The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or
moral rights of any third party.
2. You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to use and to
authorize us, the Application, and other users of the Application to use your
Contributions in any manner contemplated by the Application and these Terms of
Use.
3. You have the written consent, release, and/or
permission of each and every identifiable individual
person in your Contributions to use the name or likeness or each and every such
identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Application and these Terms of
Use.
4. Your Contributions are not false, inaccurate,
or misleading.
5. Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
7. Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
9. Your Contributions do not violate any
applicable law, regulation, or rule.
10. Your Contributions do not violate the
privacy or publicity rights of any third party.
11. Your Contributions do not contain any
material that solicits personal information from anyone under the age of 18 or
exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect
the health or well-being of minors.
13. Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
14. Your Contributions do not otherwise violate,
or link to material that violates, any provision of these Terms of Use, or any
applicable law or regulation.
Any use of the Application in violation of the
foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the
Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the
Application or making Contributions accessible to the Application by linking
your account from the Application to any of your social networking accounts,
you automatically grant, and you represent and warrant that you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to host, use copy, reproduce, disclose, sell, resell, publish, broad
cast, retitle, archive, store, cache, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial advertising, or otherwise, and to prepare derivative works of, or
incorporate in other works, such as Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area in the
Application. You are solely responsible for your Contributions to the
Application and you expressly agree to exonerate us from
any
and all
responsibility and to refrain from any legal action against
us regarding your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations in
the Application; and (3) to pre-screen or delete any Contributions at any time
and for any reason, without notice. We have no obligation to monitor your
Contributions.
8. LIABILITY
8.1 Licensor's
responsibility in the case of violation of
obligations and tort shall be limited to intent and gross negligence. Only in
case of a breach of essential contractual duties (cardinal obligations),
Licensor shall also be liable in case of slight negligence. In any case,
liability shall be limited to the foreseeable, contractually typical damages.
The limitation mentioned above does not apply to injuries to life, limb, or
health.
8.2 Licensor
takes no accountability or responsibility for
any damages caused due to a breach of duties according to Section 2 of this
Agreement. To avoid data loss, You are required to
make use of backup functions of the Application to the extent allowed by
applicable third-party terms and conditions of use. You are aware that in case
of alterations or manipulations of the Application, You
will not have access to licensed Application.
9. WARRANTY
9.1 Licensor
warrants that the Application is free of
spyware, trojan horses, viruses, or any other malware at the time of Your
download. Licensor warrants that the Application works as described in the user
documentation.
9.2 No
warranty is provided for the Application that
is not executable on the device, that has been unauthorizedly modified, handled
inappropriately or culpably, combined or installed with inappropriate hardware
or software, used with inappropriate accessories, regardless if by Yourself or
by third parties, or if there are any other reasons outside of LoadRight,
LLC.'s sphere of influence that affect the executability of the Application.
9.3 You
are required to inspect the Application
immediately after installing it and notify LoadRight, LLC. about
issues discovered without delay by e-mail provided in
Product Claims
. The defect report will be taken into
consideration and further investigated if it has been mailed within a period
of thirty (30) days after discovery.
9.4 If
we confirm that the Application is
defective, LoadRight, LLC. reserves a choice to remedy the situation
either by means of solving the defect or substitute delivery.
9.5 In
the event of any
failure of the Application to conform to any applicable warranty, You may
notify the App-Store-Operator, and Your Application purchase price will be
refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator
will have no other warranty obligation whatsoever with respect to the App, and
any other losses, claims, damages, liabilities, expenses
and costs attributable to any negligence to adhere to any warranty.
9.6 If
the user is an
entrepreneur, any claim based on faults expires after a statutory period of
limitation amounting to twelve (12) months after the Application was made
available to the user. The statutory periods of limitation given by law apply
for users who are consumers.
LoadRight, LLC. and the End-User acknow
ledge that LoadRight, LLC., and not Apple, is responsible
for addressing any claims of the End-User or any third party relating to the
licensed Application or the End-User’s possession and/or use of that licensed
Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to
any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or
similar legislation, including in connection with Your Licensed Application’s
use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not
located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a "terrorist supporting"
country; and that You are not listed on any U.S. Government list of prohibited
or restricted parties.
12. CONTACT
INFORMATION
For general inquiries, complaints, questions, or claims
concerning the licensed Application, please contact:
LoadRight
2150 S Central Expressway
McKinney, TX, TX 75070
United States
info@loadright.com
13. TERMINATION
The license is valid until terminated by LoadRight,
LLC. or by You. Your rights under this license will terminate
automatically and without notice from LoadRight, LLC. if You fail to
adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all
copies, full or partial, of the Application.
14. THIRD-PARTY TERMS OF
AGREEMENTS AND BENEFICIARY
LoadRight, LLC. represents and warrants
that LoadRight, LLC. will comply with applicable third-party terms of
agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for
Minimum Terms of Developer's End-User License Agreement," Apple and
Apple's subsidiaries shall be third-party beneficiaries of this End User
License Agreement and - upon Your acceptance of the terms and conditions of
this license agreement, Apple will have the right (and will be deemed to have
accepted the right) to enforce this End User License Agreement against You as a
third-party beneficiary thereof.
15. INTELLECTUAL
PROPERTY RIGHTS
LoadRight, LLC. and the End-User acknowledge that, in the
event of any third-party claim that the licensed Application or the End-User's
possession and use of that licensed Application infringes on the third party's
intellectual property rights, LoadRight, LLC., and not Apple, will be
solely responsible for the investigation, defense, settlement and discharge or
any such intellectual property infringement claims.
This license agreement is governed by the laws of the State
of Texas excluding its conflicts of law rules.
17.1 If
any of the terms of
this agreement should be or become invalid, the validity of the remaining
provisions shall not be affected. Invalid terms will be replaced by valid ones
formulated in a way that will achieve the primary purpose.
17.2 Collateral
agreements, changes
and amendments are only valid if laid down in writing. The preceding clause can
only be waived in writing.