«ALL RIGHTS RESERVED You may print one (1) copy of this document for your personal use. Otherwise, no part of this document may be reproduced, ...»
ALL RIGHTS RESERVED
You may print one (1) copy of this document for your personal use. Otherwise, no part of this
document may be reproduced, transmitted, transcribed, stored in a retrieval system, or
translated into any language, in any form or by any means electronic, mechanical, magnetic,
optical, or otherwise, without prior written permission from ALK Technologies, Inc.
Microsoft and Windows are registered trademarks of Microsoft Corporation in the United States and other countries.
IBM is a registered trademark of International Business Machines Corporation.
PC*MILER, CoPilot, ALK and RouteSync are registered trademarks of ALK Technologies, Inc.
GeoFUEL™ Truck Stop location data © Copyright 2012 Comdata Corporation®, a wholly owned subsidiary of Ceridian Corporation, Minneapolis, MN. All rights reserved.
Traffic information provided by INRIX © 2014. All rights reserved by INRIX, Inc.
SPLC data used in PC*MILER products is owned, maintained and copyrighted by the National Motor Freight Traffic Association, Inc.
Canadian Postal Codes data based on Computer File(s) licensed from Statistics Canada.
© Copyright, HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Industry, Statistics Canada 2003-2014. This does not constitute an endorsement by Statistics Canada of this product.
Partial Canadian map data provided by GeoBase®.
United Kingdom full postal code data supplied by Ordnance Survey Data © Crown copyright and database right 2014. OS OpenData™ is covered by either Crown Copyright, Crown Database copyright, or has been licensed to the Crown.
Certain Points of Interest (POI) data by Infogroup © Copyright 2014. All Rights Reserved.
Geographic feature POI data compiled by the U.S. Geological Survey.
Oil and gas field content provided by GeoTrac Systems Inc.© Copyright 2014. All rights reserved.
Cartographic data provided by multiple sources including lnstituto Nacional de Estadistica y Geografia, U.S. Geological Survey, Natural Earth and © Department of Natural Resources Canada. All rights reserved.
Copyright ALK Data © 2014 – All rights Reserved.
Copyright HERE Data © 2014 – All rights Reserved. HERE Data © is subject to the terms set forth at http://corporate.navteq.com/supplier_terms.html.
ALK Technologies, Inc. reserves the right to make changes or improvements to its programs and documentation materials at any time and without prior notice.
© Copyright 1994-2014 ALK Technologies, Inc.
457 North Harrison Street, Princeton, NJ 08540 Table of Contents PC*MILER® PRODUCT LINE END-USER LICENSE AGREEMENT
2.0 Hardware and Software Requirements
4.0 Technical Support
5.0 Starting and Stopping the Interface
6.0 Using PC*MILER for CICS
7.0 Using PC*MILER With Other Transportation Software
Grant of License: Subject to the terms, conditions, use limitations and 1.
payment of fees as set forth herein, ALK Technologies, Inc. (“ALK”) grants the end-user (“you”) a license to install and use the PC*MILER solution(s) (including traffic data subscriptions) you have purchased (“PC*MILER”) on a single personal computer. The PC*MILER software, data and documentation are provided for your personal, internal use only and not for resale. They are protected by copyright held by ALK and its licensors and are subject to the following terms and conditions which are agreed to by you, on the one hand, and ALK and its licensors (including their licensors and suppliers) on the other hand.
Title: You acknowledge that the PC*MILER computer programs, data, 2.
concepts, graphics, documentation, manuals and other material by, developed by or licensed to ALK, including but not limited to program output (together, “program materials”), are the exclusive property of ALK or its licensors. You do not secure title to any PC*MILER program materials by virtue of this license.
Copies: You may make one (1) copy of the PC*MILER program materials, 3.
provided you retain such copy in your possession and use it solely for backup purposes. You agree to reproduce the copyright and other proprietary rights notices of ALK and its licensors on such a copy.
Otherwise, you agree not to copy, reverse engineer, interrogate or decode any PC*MILER program materials or attempt to defeat protection provided by ALK for preventing unauthorized copying or use of PC*MILER or to derive any source code or algorithms therefrom. You acknowledge that unauthorized use or reproduction of copies of any program materials or unauthorized transfer of any copy of the program materials is a serious crime and is grounds for suit for damages, injunctive relief and attorneys' fees.
Limitations on Transfer: This license is granted to you by ALK. You may 4.
not directly or indirectly lease, sublicense, sell or otherwise transfer PC*MILER or any PC*MILER program materials to third parties, or offer information services to third parties utilizing the PC*MILER program materials without ALK's prior written consent. To comply with this limitation, you must uninstall PC*MILER from your computer prior to selling or transferring that computer to a third party.
Limitations on Network Access: You may not allow end-users or software 5.
applications on other computers or devices to directly or indirectly access this copy of PC*MILER via any type of computer or communications ii PC*MILER for CICS and MVS/Batch User’s Guide network (including but not limited to local area networks, wide area networks, intranets, extranets, the internet, virtual private networks, Wi-Fi, Bluetooth, and cellular and satellite communications systems), using middleware (including but not limited to Citrix MetaFrame and Microsoft Terminal Server) or otherwise (including but not limited to access through PC*MILER connectivity products), or install or use PC*MILER on a network file server, without first notifying ALK, executing a written supplemental license agreement, and paying the license fee that corresponds to the number and types of uses to which access is to be allowed.
6. Limitations on Data Extraction: You may extract data (including but not limited to program output such as distances, maps, and driving directions) from PC*MILER and use it in other applications on the same computer on which PC*MILER is legally licensed and installed. You may not transfer data extracted from PC*MILER onto any other computer or device unless you have licensed PC*MILER for that computer or device.
7. Limitations on Mobile Communications: Without limiting the generality of the foregoing, you may not transmit PC*MILER street-level driving directions through mobile communications systems such as Qualcomm, satellite, or cellular services or to mobile devices such as computers, handhelds, pagers, or telephones without first executing a written supplemental license agreement with ALK and paying the license fee that corresponds to the number and types of devices and systems to and through which transmission is to be permitted.
8. Limitations on Disclosure: You may disclose PC*MILER distances to trading partners for specific origin-destination moves for which you provide transportation services and use PC*MILER distances as a basis for payment. You may not make any other disclosure of PC*MILER programs and materials, including but not limited to program output, to anyone outside the legal entity that paid for and holds this license, without prior written permission of ALK. You acknowledge that the PC*MILER programs and materials by, developed by or licensed to ALK are very valuable to ALK and its licensors, and their use or disclosure to third parties except as permitted by this license or by a written supplemental license agreement with ALK is strictly prohibited.
9. Security: You agree to take reasonable and prudent steps to safeguard the security of the PC*MILER program materials and to notify ALK immediately if you become aware of the theft or unauthorized possession, use, transfer or sale of the PC*MILER program materials licensed to you by ALK.
11. Warranties: ALK represents and warrants that:
A. For ninety (90) days from date of purchase, PC*MILER, when delivered and properly installed, will function substantially according to its specifications on a computer purchased independently by you.
B. For ninety (90) days from date of purchase, the software media on which ALK provides PC*MILER to you will function substantially free of errors and defects. ALK will replace defective media during the warranty period at no charge to you unless the defect is the result of accident, abuse, or misapplication of the product.
C. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
THE PC*MILER PROGRAM, DATA AND DOCUMENTATION IS SOLD
"AS IS". IN NO EVENT SHALL ALK OR ITS LICENSORS BE LIABLE
FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
SUCH AS, BUT NOT LIMITED TO, LOSS IN CONNECTION WITH OR
ARISING OUT OF THE EXISTENCE OF THE FURNISHING,
FUNCTIONING OR USE OF ANY ITEM OF SOFTWARE, DATA OR
SERVICES PROVIDED FOR IN THIS AGREEMENT. IN THE EVENT
THAT A COURT OF PROPER JURISDICTION DETERMINES THAT
THE DAMAGE LIMITATIONS SET FORTH ABOVE ARE ILLEGAL OR
UNENFORCEABLE THEN, IN NO EVENT SHALL DAMAGES EXCEED
THE CONTRACT PRICE. THIS WARRANTY SHALL NOT ACCRUE TO
THE BENEFIT OF THIRD PARTIES OR ASSIGNEES.
12. Disclaimer: The data may contain inaccurate, incomplete or untimely information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. PC*MILER’s suggested routings and traffic data are provided without a warranty of any kind. The user assumes full responsibility for any delay, expense, loss or damage that may occur as a result of their use. The user shall have no recourse against Canada, whether by way of any suit or action, for any loss, liability, damage or cost that may occur at any time, by reason of possession or use of Natural Resources Canada data.
13. Termination: This Agreement will terminate immediately upon any of the
A. If you seek an order for relief under the bankruptcy laws of the United States or similar laws of any other jurisdiction, or a composition with or assignment for the benefit of creditors, or dissolution or liquidation, or if iv PC*MILER for CICS and MVS/Batch User’s Guide proceedings under any bankruptcy or insolvency law are commenced against you and are not discharged within thirty (30) calendar days.
B. If you materially breach any terms, conditions, use limitations, payment obligations, or any other terms of this Agreement.
C. Upon expiration of any written supplemental license agreement between you and ALK of which this license is a part.
14. Obligations on Termination: Termination or expiration of this Agreement shall not be construed to release you from any obligations that existed prior to the date of such termination or expiration.
15. Hold Harmless and Indemnity: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify ALK and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim (other than a third party claim for Intellectual Property Rights) arising from or in any way related to your use of PC*MILER, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
ALK shall use good faith efforts to provide you with written notice of such claim, suit or action.
16. Disclosure for products containing Historical or Real-time Traffic data: traffic data, including historical traffic data, is licensed as a subscription service which must be renewed annually for continued use. ALK and its licensor(s) will use commercially reasonable efforts to make traffic data available at least 99.5% of the time each calendar month, excluding minor performance or technical issues as well as downtime attributable to necessary maintenance, and Force Majeure.
17. Limitations on Export: You hereby expressly agree not to export PC*MILER, in whole or in part, or any data derived therefrom, in violation of any export laws or regulations of the United States.
18. Miscellaneous: This Agreement shall be construed and applied in accordance with the laws of the State of New Jersey. The Courts of the State of New Jersey shall be the exclusive forum for all actions or interpretation pertaining to this Agreement. Any amendments or addenda to this Agreement shall be in writing executed by all parties hereto. This is the entire Agreement between the parties and supersedes any prior or contemporaneous agreements or understandings. Should any provision of this Agreement be found to be illegal or unenforceable, then only so much of this Agreement as shall be illegal or unenforceable shall be stricken and the balance of this Agreement shall remain in full force and effect.