PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE MOBILE APPLICATION (“APPLICATION”). BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD OR USE THE APPLICATION.
These terms and conditions govern your use of the Application(s) on a mobile device that was created by MiX Telematics International (Pty) Ltd or one of its group of companies (“MiX Telematics”). By using the Application, you agree to be bound to these terms and conditions. The term “Application” shall refer to and consist of the following:
(i) the mobile software application accompanying this License, including without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components;
(ii) any updates, modifications or enhancements to the aforementioned items list above; and
(iii) any specific website the Application directs you to via any browser located on the mobile device. The Application is currently made available to you pursuant to the agreement(s) entered into by you, or your employer and MiX Telematics or you and a MiX Telematics authorised reseller. MiX Telematics reserves the right to amend or withdraw the Application, at any time and for any reason.
Grant MiX Telematics grants you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on a mobile device, and to access and use the Application on such mobile device strictly in accordance with the terms and conditions of this license.
3.Conditions of Use
3.1. You will not, nor allow third parties on your behalf to
(i) make and distribute copies of the Application;
(ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application;
(iii) create derivative works of the Application of any kind whatsoever; (iv) use the Application for creating a product, service or software that is, directly or indirectly, competitive with any product, service or software offered by MiX Telematics.
3.2. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you, or your employer (as the case may be) may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3.3. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
4.Intellectual Property Rights
4.1. You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of MiX Telematics.
4.2. You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by MiX Telematics.
5.1. MiX Telematics will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside MiX Telematics’ reasonable control.
5.2. MiX Telematics does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
6.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements') as notified by MiX Telematics from time to time.
6.2. The version of the Application software may be upgraded from time to time to add support for new functions and services.
7.Term and Termination
7.1. This License shall be effective until terminated.
7.2. MiX Telematics may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. 7.3. If you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by MiX Telematics. 7.4. Upon any termination you must cease all use of the Application.
8.Disclaimer of warranties
8.1. The Application and software are provided "as is" and "as available" without warranty of any kind. 8.2. To the maximum extent permitted by applicable law, MiX Telematics hereby disclaims all implied warranties with regard to the Application.
9.Limitation of Liability
9.1. In no event will MiX Telematics be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
9.2. MiX Telematics is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
You shall indemnify, defend and hold harmless MiX Telematics from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense arising out of or in connection with
(i) your access or use of the Application;
(ii) your breach of this License
(iii) your violation of law;
(iv) your negligence or wilful misconduct; or (v) your violation of the rights of a third party, including infringement by you of any intellectual property rights. These obligations will survive any termination of the License.
This License shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from this License shall be adjudicated in the courts of South Africa.