License

Commercial License

  1. Under this End User License Agreement (the "Agreement"), LOMESS, LLC. (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use TruckLogger (the "Software").
  2. "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
  3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
  4. This Agreement grants a site license to the Licensee. The Software may be loaded onto a maximum of 10 computers concurrently.
  5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
  6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
  7. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
  8. License Fee

  9. The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
  10. Limitation of Liability

  11. The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
  12. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
  13. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
  14. Warrants and Representations

  15. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
  16. Acceptance

  17. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on installation of the Software on the first computer.
  18. User Support

  19. No user support or maintenance is provided as part of this Agreement.
  20. Term

  21. The term of this Agreement will begin on Acceptance and is perpetual.
  22. Termination

  23. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
  24. Force Majeure

  25. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
  26. Governing Law

  27. The Parties to this Agreement submit to the jurisdiction of the courts of the Commonwealth of Virginia for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Commonwealth of Virginia.
  28. Miscellaneous

  29. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
  30. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
  31. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  32. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  33. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  34. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.
  35. Notices

  36. All notices to the Vendor under this Agreement are to be provided at the following address:

LOMESS, LLC.
1410 Esplanade Ct. 242,
Reston, VA 20194

Shareware License

  1. If this software has been provided to You as "shareware", then this license is restricted as follows: You may use this software only to the extent necessary to determine whether it is fit for Your needs. This evaluation period is limited to 60 days after your initial receipt of the software. If you decide to continue using the software beyond this period, you must purchase the number of licenses as required under the terms of the COMMERCIAL LICENSE.
  2. Disclaimer of Warranty on software.

  3. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and LOMESS, LLC. expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. LOMESS, LLC. does not warrant that the features contained in the software will meet Your requirements, or that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. The entire risk as to the results and performance of the software is assumed by You. Furthermore, LOMESS LLC. does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability, currentness, or otherwise. No oral or written information or advice given by LOMESS, LLC. or LOMESS's authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the software prove defective, You (and not LOMESS, LLC. or LOMESS's authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
  4. Limitation of Liability.

  5. Under no circumstances including negligence, shall LOMESS LLC., or its directors, officers, employees or agents, be liable to You for any incidental, indirect special or consequential damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use, misuse or inability to use the software or related documentation, breach or default including those arising from infringement or alleged infringement of any patent trademark, copyright or other intellectual property right by LOMESS LLC., even if LOMESS LLC. or LOMESS's authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You. LOMESS, LLC. will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. In no event shall LOMESS's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.

Subscription Terms of Service
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LOMESS, LLC. STATING THE TERMS THAT GOVERN YOUR USE OF THE TRUCKLOGGER SUBSCRIPTION SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF LOMESS'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND LOMESS. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND LOMESS MAY REFUSE ACCESS TO THE TRUCKLOGGER SUBSCRIPTION SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

    Definition of the TruckLogger Subscription Service

  1. LOMESS is the provider of the TruckLogger Subscription Service (the "Service") that permits you synchronize your Electronic Logs to the TruckLogger server, and receive TruckLogger application update under certain terms and conditions as set forth in this Agreement.
  2. System Requirements

  3. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
  4. User Account and Security

  5. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. LOMESS may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that LOMESS may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.
  6. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify LOMESS of any unauthorized use of your Account or any other breach of security. LOMESS shall not be responsible for any losses arising out of the unauthorized use of your Account.
  7. Security. You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by LOMESS for compliance purposes, and LOMESS reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by LOMESS for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
  8. Usage Rules

  9. Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
  10. You shall be authorized to use the Products only for personal, noncommercial use.
  11. You shall be authorized to use the Products on ten LOMESS-authorized devices at any time.
  12. You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
  13. Usage rules for software Products are governed by the terms of any end-user agreements or other terms and conditions required for use of such Products.
  14. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of LOMESS. Accordingly, in the event that LOMESS changes any part of the Service or discontinues the Service, which LOMESS may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that LOMESS shall have no liability to you in such case.
  15. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant LOMESS a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.
  16. LOMESS reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
  17. LOMESS has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement.
  18. Termination.

  19. Termination by LOMESS. If you fail, or LOMESS suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide LOMESS with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, LOMESS, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
  20. Termination of the Service. LOMESS reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and LOMESS will not be liable to you or to any third party should it exercise such rights.
  21. General Compliance with Laws. The Service is controlled and operated by LOMESS from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
  22. Enforcement of These Terms. LOMESS reserves the right to takes steps LOMESS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to LOMESS's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that LOMESS has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as LOMESS believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to LOMESS's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
  23. Disclaimer of Warranties; Liability Limitations.

  24. LOMESS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME LOMESS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
  25. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY LOMESS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
  26. IN NO CASE SHALL LOMESS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LOMESS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
  27. LOMESS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND LOMESS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
  28. LOMESS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LOMESS DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
  29. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD LOMESS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY LOMESS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM LOMESS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF LOMESS'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
  30. Changes. LOMESS reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the TruckLogger Subscription Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
  31. Notices. LOMESS may send you notice with respect to the Service by sending an email message to the email address listed in your LOMESS Account contact information, by sending a letter via postal mail to the contact address listed in your LOMESS Account contact information, or by a posting on the TruckLogger Subscription Service. Notices shall become effective immediately.
  32. Governing Law. The laws of the State of Virginia, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with LOMESS or relating in any way to your use of the Service resides in the courts of the State of Virginia.
  33. Miscellaneous. These Terms of Service constitute the entire agreement between you and LOMESS and govern your use of the Service, superseding any prior agreements between you and LOMESS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. LOMESS's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. LOMESS will not be responsible for failures to fulfill any obligations due to causes beyond its control.