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End User License Addendum to Terms and Conditions
<br /> Rev. July 15, 2020
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<br />unable, after commercially reasonable efforts, to correct the Error, Licensee’s sole remedy shall be termination of this License and a refund of the Fees allocable to
<br />the specific nonconforming Software that have been paid by Licensee to Licensor hereunder.
<br />7.3. Article 7 provides the exclusive remedies for all claims based on failure of or defects in Software and Documentation, whether the Error arises before, during, or after
<br />the applicable Warranty Period and whether a claim, however described, is based on contract, warranty, indemnity, tort/extra-contractual liability (including
<br />negligence), strict liability, or otherwise. The warranties provided in Article 7 are exclusive and are in lieu of all other warranties, conditions, and guarantees whether
<br />written, oral, implied, or statutory. NO IMPLIED STATUTORY WARRANTY, WARRANTY OF NONINFRINGEMENT OR WARRANTY OF CONDITION OR
<br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLIES. Without limiting the foregoing, Licensor does not warrant that the Software or
<br />Documentation (or Licensee’s use thereof) will be free from all errors or its use will be uninterrupted.
<br />7.4. Any remedial steps taken by Licensor hereunder shall not extend the applicable Warranty Period.
<br />7.5. Except as expressly authorized by Licensor in writing, all Third-Party Software shall carry only the warranties provided by the owners thereof and Licensor gives no
<br />warranties for such Third-Party Software.
<br />7.6. Any breach of the obligations under this License shall render any warranty null and void, in addition to any other legal remedies available to Licensor.
<br />8.Proprietary Information; Equitable Relief.
<br />8.1. All information concerning or embedded in Software and Third-Party Software (including but not limited to source code, object code, and training materials),
<br />Documentation, and Third-Party Software is confidential and the property of Licensor (or its suppliers) and shall be considered Licensor’s (or its suppliers’)
<br />proprietary information (“Proprietary Information”) whether or not the information is marked as Proprietary Information.
<br />8.2. Licensor encourages Licensee to provide suggestions, proposals, ideas, and recommendations (together, “Feedback”) regarding improvements to the Software,
<br />Documentation and other DFS Products. To the extent Licensee provides such feedback, Licensee shall assign, an d hereby assigns, to Licensor all its right, title and
<br />interest to such Feedback.
<br />8.3. Licensee acknowledges: (a) any use of Software, Documentation, or Third- Party Software in a manner inconsistent with this License or (b) any other misuse of
<br />Proprietary Information of Licensor (or its suppliers), will cause immediate irreparable harm to Licensor (or its suppliers) for which there is no adequate remedy at
<br />law. Licensee agrees that Licensor (or its suppliers) shall be entitled to immediate and permanent injunc tive relief from a court of competent jurisdiction in the event
<br />of any such inconsistent use, misuse or threatened misuse by Licensee. The parties agree and stipulate that Licensor shall be entitled to such injunctive relief
<br />without posting of a bond or other security; provided, however, that if the posting of a bond is a prerequisite to obtaining injunctive relief, then a bond in an amount
<br />equivalent to U.S. $1,000 shall be sufficient. Nothing contained herein shall limit Licensor’s right to any remedies at law, including the recovery of damages from
<br />Licensee for breach of this License.
<br />8.4. The confidentiality obligations set forth in the Terms and Conditions with respect to items of confidential information shall expire, with respect to Software, and
<br />Documentation, five years after the date of disclosure, except with respect to information designated as a trade secret of Licensor, in which case the obligation will not
<br />expire unless and until such confidential information becomes part of the public domain or subject to an exception as set forth in section 6.4 of the Terms and
<br />Conditions, through no act or omission of Licensee.
<br />8.5. Where Licensee is an individual entity who obtained the Software and Documentation directly from Licensor and uses the Software on one or more of Licensee’s
<br />computer systems authorized by Licensor, Licensee shall provide the signed copy directly to the Licensor. Where Licensee is an individual entity who obtained the
<br />Software and Documentation from the Licensor through Licensor’s distributor or Authorized Service Organization (ASO), which is a service provider duly authorized
<br />and under contract with Licensor to distribute the Software and Documentation, the Licensee shall provide the signed copy either to the ASO or directly to the Licensor.
<br />Upon request by Licensor, Licensee agrees to provide Licensor with a signed copy of this License.
<br />8.6. Collection and Protection of Licensee Data. By executing any Contract, Licensee consents and agrees to the collection and use of information about Licensee and
<br />Licensee’s use of Services (hereinafter “Licensee Data”) in accordance, unless otherwise provided herein, with the privacy policy adopted by Licensor and available on
<br />Licensor’s website, at https://www.doverfuelingsolutions.com/privacy, with the provisions therein applicable mutatis mutandis to Licensee Data collected in connection
<br />with the performance of any Contract. Except as provided herein, or in the privacy policy, Licensor will not sell, rent, or lease Licensees' personally identifiable
<br />information (defined as information that can be used on its own or with other information to identify, contact or locate a single person or to identify an individual in
<br />context) to others, but may provide aggregated statistics, and sales and traffic patterns, that are anonymized, or site-specific pricing information, to third parties in
<br />exchange for compensation or to support, enhance or improve the Services. Licensee consents and agrees that Licensor may collect, use, transmit, process and
<br />maintain, and share, as described above, information related to Licensee’s account and any registered devices or computers for the purposes of providing, supporting,
<br />enhancing or improving the Services. As such, Licensor may collect technical data, including pricing data, aggregate statistics, sales, and traffic patterns related to or
<br />resulting from Licensee’s use of Services that may be used by Licensor to support, improve and enhance the Services.
<br />9.Assignment. Licensee may not assign or transfer this License without the consent of Licensor (which consent shall not be unreasonably withheld). Any assignment
<br />or attempted assignment by Licensee in violation of this provision is null and void ab initio.
<br />10.Changes & Order of Precedence. Licensor may make changes to this License. All such changes shall be specified in the Contract, to the extent the License is
<br />applicable, to which this License shall be fully incorporated therein by reference. Unless otherwise agreed in writing, the following order of precedence shall apply if
<br />there is any conflict between the terms of the Contract, the License, or the Terms and Conditions: (i) the Contract, (ii) the License, (iii) the Terms and Conditions.
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