Scope of License
This license granted to Licensee for the Licensed Application by RTS is limited to a non-transferable license to use the Licensed Application (i) on any iPhone, iPod touch, Android, iPad or other mobile device or that you own or control and as permitted by the usage rules set forth in the terms and conditions of the App Store, Google Play or other applicable mobile app store (the “Usage Rules”); and (ii) with respect to the desktop version of the Licensed Application, on any compatible Windows operating system. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. you may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). The terms of the license will govern any upgrades provided by RTS that replace and/or supplement the application version that you initially download, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You agree to indemnify RTS and its affiliates for all damages, liabilities, claims, and expenses, including attorney fees relating to your breach of the restrictions in this Agreement.
Consent to Use of Data
The license is effective until terminated by you or RTS for any reason. Your rights under this license will terminate automatically without notice from RTS if you fail to comply with any terms of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Services; Third Party Materials
The Licensed Application may enable access to third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from your mobile device or PC are not available in all languages or in all countries. We make no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We and our licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such Services. We may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, OR THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RTS OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
ALL DISCOUNTS AND REBATES ARE SUBJECT TO APPROVAL AND ARE CONTINGENT UPON RTS MAINTAINING RELATIONSHIPS WITH THE RESPECTIVE PROVIDERS. ALL SUCH DISCOUNTS AND REBATES MAY BE CHANGED OR ELIMINATED WITHOUT NOTICE. POINT OF SALE DISCOUNTS MAY NOT BE AVAILABLE IMMEDIATELY. REBATES WILL CONTINUE UNTIL THE NEW PLAN IS FULLY IMPLEMENTED. ANY PAYMENT OBLIGATIONS BY RTS HEREUNDER ARE CONTINGENT UPON RTS BEING PAID IN FULL BY THE RESPECTIVE PROVIDER. ANY PERCEIVED ERROR IN THE AMOUNT OF A DISCOUNT OR REBATE SHALL BE RAISED IN WRITING BY THE CUSTOMER WITHIN THIRTY(30) DAYS OF THE TRANSACTION DATE OR SUCH PERCEIVED ERROR SHALL BE FOREVER WAIVED BY THE CUSTOMER. ALL DISCOUNTS, REBATES AND SAVINGS NUMBERS REFLECTED HEREIN ARE ONLY ESTIMATES. CUSTOMER ACKNOWLEDGES AND AGREES THAT (A) THE INFORMATION UTILIZED BY RTS IS DERIVED FROM THIRD PARTY SOURCES AND IS NOT INDEPENDENTLY DEVELOPED BY RTS OR A GUARANTEED PRICE AT THE PUMP, (B) THE USEFULNESS OF THE INFORMATION PROVIDED HEREIN IS LIMITED BY THE THOROUGHNESS AND ACCURACY OF SUCH THIRD PARTY INFORMATION, (C) RTS IS NOT RESPONSIBLE FOR FAILING TO INCLUDE ANY INFORMATION, FOR THE ACTIONS OR OMISSIONS OF CONTRIBUTORS OF INFORMATION TO RTS OR FOR MISSTATEMENTS OR INACCURACIES IN INDUSTRY MATERIALS UTILIZED BY RTS, AND (D) ALL WARRANTY DISCLAIMERS AND EXCLUSIONS MADE BY CONTRIBUTORS OF INFORMATION OR DATA TO RTS SHALL APPLY TO THE DISCOUNTS AND REBATES COVERED HEREIN. BY PARTICIPATING IN THIS PROGRAM, YOU HEREBY AGREE TO THE FINAL PURCHASE PRICE FOR EACH TRANSACTION AS ESTABLISHED BY RTS CARRIER SERVICES AND THE INDIVIDUAL FUEL STATIONS UTILIZING THE LOWER OF COST PLUS, RETAIL MINUS, OR MARQUEE PRICE FOR QUALIFIED FLEETS.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Our total liability to you for all damages (other than as may be required by applicable law) exceed the amount of ten dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Licensed Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
The laws of the State of Kansas, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.