OFeX
Terms and Conditions
IMPORTANT! THIS AGREEMENT GOVERNS THE SUBSCRIPTION TERMS
BY DOWNLOADING, USING, OR ACCESSING ANY OF OFeX DEVICES, SERVICES AND OTHER PRODUCTS, INCLUDING UPDATES AND UPGRADES THEREOF (COLLECTIVELY "PRODUCTS" OR "SERVICE"), LICENSEE (OR "YOU") CONCLUDE A LEGALLY BINDING AGREEMENT BASED ON THE TERMS OF THIS LICENSE AGREEMENT ("AGREEMENT") WITH OFeX (OR "WE") ON BEHALF OF YOURSELF. IF YOU DO NOT WISH TO AGREE, DO NOT INSTALL, USE, ACCESS OR RETAIN ANY OF OUR PRODUCTS AND RETURN ANY PRODUCTS YOU HAVE PURCHASED TO THE SELLER FROM WHICH YOU PURCHASED SUCH PRODUCTS FOR A FULL REFUND OF THE PURCHASE PRICE.
DEFINED TERMS
The OFeX Service is owned and operated by Optimised Freight eXchange Private Limited. "Licensee" means Fleet Owner, Channel Partner, and any registered licensee of the Service. "OFeX" means Optimised Freight eXchange Private Limited company. "OFeX Products or Service" means the OFeX Online Service as a Service (SaaS), OFeX Configurator, OFeX fuel sensors, GPS Trackers and other Firmware, Web-based application, mobile application, and OFeX Online fleet management platform service generally made available to the public via https://www.ofex.in. The "License Agreement" or "Agreement" means the OFeX License Agreement, a copy is available at https://www.ofex.in .
LICENSE AND SCOPE OF USE
Licensee acknowledges that in order to access and use the Service, Licensee must have a valid license to use the OFEX Service.
Subject to the terms and conditions of this Agreement and Licensee's payment to OFeX of the applicable fees, OFeX hereby grants to Licensee a limited, revocable, non-exclusive right to access, display and use the OFeX Service for Licensee's own internal and business purposes in connection with OFeX or other compatible in-vehicle telematics devices, on the condition and so long as Licensee complies with all terms and conditions of this Agreement. Licensee acknowledges that OFeX may from time to time modify, upgrade or provide new functionality to the Service. Licensee consents to such automatic upgrades of the Service and agrees that this Agreement will apply to all such upgrades.
Licensee may: (i) rent, lease, loan, resell, sublicense, or distribute the OFeX Service to any third party or use the OFeX Service to provide time sharing or similar services for any third party;
Licensee may not: remove, adapt, modify, re-engineer, circumvent, disable, damage, or otherwise interfere with security-related features of the OFeX Service, features that prevent or restrict use or copying of any content accessible through the OFeX Service, or features that enforce limitations on use of the OFeX Service.
Licensee agrees that following termination of Licensee's account and/or use of the Service, OFeX may immediately deactivate Licensee's account, and that OFeX shall not be liable to Licensee nor to any third party for any termination of Licensee's access to the Service.
OWNERSHIP
As between OFeX and Licensee, all software applications, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Service are owned by OFeX (collectively, the "Intellectual Property"). The Intellectual Property is protected by Russia copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
CONFIDENTIALITY
Licensee agrees that any non-public information, data, or know-how, including information about OFeX's users and their operations, which may be disclosed or made available to Licensee, whether in writing, orally or visually, in connection with the Service or this Agreement is confidential and proprietary to OFeX. Licensee will protect such confidential information from unauthorized use, access, or disclosure in the same manner that Licensee protects its own confidential or proprietary information of a similar nature, but with no less than reasonable care. Licensee agrees to use such confidential information only for the purposes contemplated by this Agreement and to not disclose such confidential information to any third party without the prior written consent of OFeX.
TERMINATION
This Agreement is effective until terminated. Licensee may terminate this Agreement by discontinuing the use of the Service. OFeX may terminate this Agreement at any time without notice if it ceases to support the Service. Upon any termination of this Agreement, Licensee must cease all use of the Service and destroy any copies of the OFeX software in Licensee's possession or control.
DISCLAIMER OF WARRANTIES
THE OFeX SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." OFeX AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER OFeX NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE OFeX SERVICE WILL BE ERROR-FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.
LIMITATION OF LIABILITY
NEITHER OFeX NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM LICENSEE'S USE OR ACCESS OF THE OFeX SERVICE.
GENERAL
This Agreement constitutes the entire agreement between Licensee and OFeX relating to the Service and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by OFeX. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck, and the remaining provisions will be enforced. OFeX's failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by OFeX in writing.