Legal

Thank you for using BSMART Managed Commercial Vehicle Operation Services! By using this software or any portion thereof ("BSMART Software") you agree to be bound by the following terms of service (the "Terms of Service??). The BSMART Software, and any portion thereof, are referred to herein as the "Software..

1. USE OF SOFTWARE; RESTRICTIONS

Use of Software. For an individual or Enterprise or Corporate user, the Software is made available to and may be used by you only for your personal, non-commercial use according to these Terms of Service and the Software documentation. For a business entity user, the Software may be used by you and your employees for internal use according to these Terms of Service and the Software documentation (individual end users and business end users are collectively referred to as ??You?? herein).

Restrictions. You agree not to use the Software in connection with or in conjunction with a system in a vehicle that offers real-time route guidance or turn-by-turn maneuvers. You agree not to use the Software for any bulk printing or downloading of imagery, data or other content.

2. PRIVACY POLICY

As a condition of downloading and using the Software, you agree to the terms of the BSMART Privacy Policy, which may be updated from time to time and without notice.

3. PROPRIETARY RIGHTS

1. BSMART. You acknowledge that (a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) BSMART owns all right, title and interest in and to the Software, and software provided through or in conjunction with the Software, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to,

   1. copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless otherwise permitted,
   2. take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software,
   3. use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or
   4. remove, obscure, or alter BSMART's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software..

2. Third Parties. Data for content in the Software is provided by Third Parties are subject to intellectual property rights owned by or licensed by Third Parties respectively. You agree that you will not engage in, and may be held liable for any unauthorized copying or disclosure of this material. By using the Software, you agree to make the third party beneficiary of this agreement. Your use of third parties Data are subject to additional restrictions by Third Parties legal notices respectively.

4. AUTOMATIC UPDATES

The Software may updated by BSMART from time to time, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By using the Software, you agree to automatically request and receive Updates..

5. MALAYSIA GOVERNMENT RESTRICTED RIGHTS

If the Software is used or accessed by or on behalf of the Malaysia government, such use or access is subject to the following provision. The Software and any related documentation are deemed "commercial computer software" and "commercial computer software documentation," respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. If the user of the Software is an agency, department, employee, or other entity of the Malaysia Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms of Services, use of the Software is further restricted by these Terms of Services. .

6. EXPORT RESTRICTIONS

The Software is subject to Malaysia export controls. By using the Software, you agree that you are solely responsible for complying with all Malaysia export control regulations, and all other applicable international trade regulations. You agree that you will not download or use the Software without all required approvals in any proscribed destination (including Israel & etc), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By downloading or using the Software, you represent and warrant that you are not a proscribed end-user or utilizing this software for a proscribed end use under these regulations.

7. COMPLIANCE WITH LAWS AND BSMART POLICIES

You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software. You agree to comply with any applicable policies or guidelines that BSMART may make available from time to time in its sole discretion. By way of example, and not as a limitation, you agree that when using the Software, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
• Upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
• Download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
• Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
• Restrict or inhibit any other user from using and enjoying BSMART services;
• Use BSMART services for any illegal or unauthorized purpose;
• Remove any copyright, trademark or other proprietary rights notices contained in or on BSMART services;
• Interfere with or disrupt BSMART services or servers or networks connected to BSMART services, or disobey any requirements, procedures, policies or regulations of networks connected to BSMART services;
• Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of BSMART services or collect information about users for any unauthorized purpose;
• Submit Content that falsely expresses or implies that such Content is sponsored or endorsed by BSMART;
• Create user accounts by automated means or under false or fraudulent pretenses;
• Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

8. TERMINATION

Your rights automatically and immediately terminate without notice from BSMART if you fail to comply with any provision of BSMART managed Commercial Vehicle operation Services Agreement and these Terms of Service. In such event, you must immediately delete the Software and any content, data, or images provided through the Software. To the maximum extent permitted by law, BSMART reserves the right to terminate this agreement and your use of the Software at any time and for any reason.

9. SURVIVAL

The provisions of Sections 3, 5, 6, 9, 10, 11, 12, 13, 14, 15 and 16 shall survive any termination or expiration of these Terms and Conditions.

10. INDEMNITY

You agree to hold harmless and indemnify BSMART and its subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to your use of the Software or your violation of these Terms of Service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BSMART will provide you with written notice of such claim, suit or action.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BSMART AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. BSMART AND ITS LICENSORS MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, AND (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
4. NONE OF THE SOFTWARE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BSMART OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BSMART AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 BSMART OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:

1. THE USE OR THE INABILITY TO USE THE SOFTWARE OR TO ACCESS CONTENT OR DATA;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
4. ANY OTHER MATTER RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
5. UNDER NO CIRCUMSTANCES SHALL BSMART OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF YOUR USE OR MISUSE OF THE SOFTWARE OR SUCH THIRD PARTY SOFTWARE OR CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BSMART AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF, INABILITY TO USE, OR RELIANCE ON THE SOFTWARE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF BSMART TOOLBAR AND ANY THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

13. EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

14. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms and Conditions.

15. BSMART SERVICES AND THIRD PARTY PRODUCTS AND SERVICES

Some of the Software is designed to be used in conjunction with BSMART's search and other services. Accordingly, each time you use the Software you agree to be bound by BSMART's Terms of Service located at http://www.bsmart-solutions.com/pop-terms-legal.html

16. MISCELLANEOUS PROVISIONS

1. Choice of Law and Forum. These Terms of Service will be governed by and construed in accordance with the laws of Malaysia, without giving effect to the conflict of laws provisions of Malaysia or your actual country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
2. Waiver and Severability of Terms. The failure of BSMART to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
3. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or these Terms and Conditions must be filed within two (2) year after such claim or cause of action arose or be forever barred.
4. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by BSMART and/or a third party who make its software available in conjunction with or through the Software.