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Subscription Price is $9.95 per Truck
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You will be billed on the first of the next calendar month. Until then the use of this service is free. You will be billed $9.95 per truck, per month. By signing up, you are agreeing to a minimum of 1 paid month.
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Fuel Advice License Agreement Please read carefully. Using the Fuel Advice Software(“Program”) signifies acceptance by User(“You”) of this agreement. 1. License. Subject to the terms of this agreement, Integrated Decision Support Corporation (“IDSC”) licenses to User(“You”) the Fuel Advice Software (“Program”). Use of this Program means that You agree to comply with all of the terms of this agreement. This is a non-exclusive and non-transferable license to use the Program only for Your internal business purposes. You hereby agree that: a. You will use the Program only in and for Your internal business operations. b. You will not reproduce, distribute, or otherwise provide the Program or data therefore to any third party. c. You will not reverse engineer, decompile, or otherwise attempt to derive the source code of the Program. d. You will not use the Program to process data for third parties. e. You will not alter, remove or obscure any copyright or other proprietary notice appearing in the Program. 2. Account. You must maintain a prepaid Subscription Account with IDSC . With a Subscription Account, your account is charged a fee per vehicle per month. 3. Maintaining Account. You must maintain the Subscription Account by credit card which will be automatically charged the first of each month to maintain the Account balance. 4. Itemized Statements. IDSC will email You a monthly statement showing the transactions affecting Your Account during the preceding month. 5. Termination of License. You may terminate the license at any time by notifying IDSC via email at FuelAdvice@idscnet.com or by canceling your subscription on the web at www.fueladvice.com. Upon notice of termination, IDSC will cease to charge Your credit card in order to maintain the Account balance. Your Account will remain active until the end of the month. 6. Proprietary Information. You agree that the Program and its data are confidential and proprietary to IDSC and represent trade secrets of IDSC and shall be treated as such by You and that You will not provide or disclose in any form to any third party. 7. Warranty and Limitation of Liability. IDSC PROVIDES THE PROGRAM TO YOU AS-IS, WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT USE OF THE PROGRAM IS DEPENDENT UPON DATA PROVIDED BY PERSONS OTHER THAN IDSC (INCLUDING, WITHOUT LIMITATION, FUEL PURCHASE LOCATIONS, FUEL PRICES, MILEAGE CALCULATIONS AND ROUTING INFORMATION), AND IDSC MAKES NO REPRESENTATIONS OR WARRANTIES AND NO ENDORSEMENTS OR CERTIFICATIONS OF ANY SUCH DATA RECEIVED FROM ANY SUCH PERSONS. IDSC SHALL HAVE NO LIABILITY FOR ANY LOSSES, COSTS, LIABILITIES, DAMAGES, OR EXPENSES SUFFERED OR INCURRED BY YOU, ANY OF YOUR CUSTOMERS, OR ANY OTHER PERSON AS A RESULT OF INACCURACY OF ANY SUCH DATA PROVIDED TO OR USED IN CONNECTION WITH THE PROGRAM. IN NO EVENT WILL IDSC OR ITS LICENSORS BE LIABLE FOR (I) DIRECT DAMAGES IN EXCESS OF THE AMOUNT THAT YOU PAID TO IDSC FOR THE SPECIFIC ITEM THAT CAUSED THE DAMAGE OR (II) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PROGRAM, LOST PROFITS, BREACH OR FAILURE OF WARRANTY OR CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE EXCLUSION OF WARRANTIES AND LIMITATIONS OF LIABILITY WILL NOT APPLY ONLY AS AND TO THE EXTENT THAT APPLICABLE LAW MANDATES LIABILITY DESPITE THE FOREGOING EXCLUSIONS AND LIMITATIONS. 8. Miscellaneous. a. If the Account is ever insufficient to pay amounts owed to IDSC, You will remain liable for those amounts. b. This agreement binds and benefits You and IDSC and its successors and assigns. You cannot assign Your rights or obligations under this agreement. c. This agreement shall be governed by the laws of the State of Texas. If any part of this agreement is invalid, all other parts shall remain in full force and effect. d. You must inform IDSC of any changes to Your Account information (including but not limited to: Company Address, credit card, email, telephone) Rand McNally License Agreement THIS IS A LEGAL AGREEMENT BETWEEN THE USER (“YOU”) AND INTERGRATED DECISION SUPPORT CORPORATION (“IDSC”). IF YOU AGREE WITH THE TERMS OF THIS AGREEMENT, CLICK THE “YES” BUTTON AND YOU WILL BE PERMITTED ACCESS TO THE ROUTE PRODUCTION FUNCTIONALITY (“PROGRAM”) OF IDSC’S FUEL ADVICE FUEL OPTIMIZATION SYSTEM (“FUEL SYSTEM”). IF YOU DO NOT AGREE WITH THIS AGREEMENT, CLICK “NO” HOWEVER IF YOU CHOOSE “NO” YOU WILL BE UNABLE TO GENERATE A ROUTE FOR THE FUEL OPTIMIZATION REQUEST. This is a non-exclusive and non-transferable license to use the Program only for Your internal business purposes. You hereby agree that: 1. You will use the Program only in and for Your internal purpose and business operations and only in conjunction with the Fuel System. 2. Except for IDSC while performing maintenance and support services for You, You will not permit any other person to use the Program directly or in directly, whether on a time sharing, remote job entry or service bureau arrangement. 3. You will not reproduce, distribute, transmit or otherwise provide the Program or data therefore to any third party. 4. You will not reverse engineer, decompile or otherwise attempt to derive the source code of the Program. 5. You will not use the Program to process data for third parties. 6. You will not produce any mileage, route, mileage or route table, or other compendium containing mileages or routes from the Program. 7. You will not download any portion of the Program or any output generated by the Program. 8. You will not alter, remove or obscure any copyright or other proprietary notice appearing in the Program. 9. You will not copy, translate, modify, adapt, decompile, disassemble, or reverse engineer the object code version of the Program, except as and to the extent expressly mandated by applicable law. The Program and its data are confidential and proprietary to Rand McNally-TDM, Inc. of Skokie, Illinois (“TDM”) and are provided under license to IDSC. You acknowledge that the terms and conditions of this Agreement between you and IDSC that relate to the Program inure to the benefit of TDM, and that TDM may enforce those rights directly against You. IDSC PROVIDES THE PROGRAM TO YOU AS-IS, WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT WILL IDSC OR ITS LICENSORS BE LIABLE FOR (I) DIRECT DAMAGES IN EXCESS OF THE AMOUNT THAT YOU PAID TO IDSC FOR THE SPECIFIC ITEM THAT CAUSED THE DAMAGE OR (II) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PROGRAM, LOST PROFITS, BREACH OR FAILURE OF WARRANTY OR CONTRACT, MISREPRESENATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE EXCLUSION OF WARRANTIES AND LIMITATIONS OF LIABILITY WILL NOT APPLY ONLY AS AND TO THE EXTENT THAT APPLICABLE LAW MANDATES LIABLITY DESPITE THE FOREGOING EXCLUSIONS AND LIMITATIONS. You acknowledge that the Program and all related technical information, documents and materials are subject to export controls under the U.S. Export Administration Regulations. You will (a) comply strictly with all legal requirements established under these controls, (b) cooperate fully with IDSC or TDM in any official or unofficial audit or inspection that relates to these controls, and (c) not export, re-export, divert or transfer, directly or indirectly, any such item or direct products thereof to Cuba, Iran, Iraq, Libya, North Korea or any additional country that is embargoed by Executive Orders unless You have obtained the prior written authorization of TDM and the U.S. Commerce Department. Upon notice to You, IDSC or TDM may modify this list to conform to changes in the U.S. Export Administration Regulations. If you are a U. S. government agency, in accordance with Section 45 545 of the Federal Acquisition Regulations, You acknowledge that you use, duplication and disclosure of the Program are governed by, and subject to, this Agreement. If, for any reason Section 12.212 is not applicable You acknowledge that use, duplication and disclosure of the Program is subject to the Commercial Computer Software Restricted Rights clause, FAR ’52.227.19(c). Rand McNally-TDM, Inc, 8255 North Central Park Avenue, Skokie, Illinois 60076 U.S.A. Copyright 2001 Rand McNally-TDM, Inc. THIS AGREEMENT IS GOVERNED BY THE INTERNAL LAWS OF THE STATES OF ILLINOIS.
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