In order to use the ALK Technologies, Inc ('ALK') MileOn by PC*MILER Software (the "Software"), you as the End User, individual or entity (“You”) or (“Your”), who has downloaded or otherwise procured the “Software” must first agree to the End User License Agreement ('EULA') below.
The term “Software” refers to and consists of the following i) the mobile Software application accompanying this License, including without limitation any Software code, scripts, interfaces, graphics, displays, text, documentation and other components; ii) any Updates, modifications or enhancements to the items listed in subsection i) and any ALK specific website to which the Software directs you via any browser, located on a mobile, cellphone, smartphone, tablet, computer or other supported mobile device (“Mobile Device”).
You may not use the Software if you do not accept the EULA. You can accept the EULA by: i) creating an account or downloading; or ii) installing or actually using the Software. In so doing, you understand and agree that ALK will treat Your use of the Software as acceptance of the EULA from that point onwards. You may not use the Software and may not accept the EULA if: i) You are not of legal age to form a binding contract with ALK, or ii) You are a person barred from receiving the Software under the laws of the United States or other countries including the country in which you reside or from which you access the Software.
By agreeing to the EULA, you acknowledge that i) ALK is not responsible for any Third Party content; ii) the Software may collect and use data for which ALK respects privacy rules; iii) for some features of the Software, you will need to have wireless internet and data connection enabled on your mobile device (using wireless internet may result in data charges from your mobile service provider for which ALK is not responsible); iv) ALK uses different Third Party map data suppliers; (to check which Map Data EULA applies to your Product, please refer to the "About Screen" of your Software); v) your use of this real time route guidance application is at your sole risk; and vi) location data may not be accurate.
When possible ALK has provided for your information a translation of the EULA. You agree that the translations are provided for your convenience only and that the English Language shall prevail and always be binding in case of conflict. ALK's terms and conditions on ALK’s website and any of ALK's associated pages are hereby incorporated by reference to the EULA and therefore form a binding agreement. We regularly update the EULA and the website and encourage you to visit those pages.
END-USER LICENSE AGREEMENT FOR MILEON by PC*MILER SOFTWARE
Please read the following agreement ("License") carefully.
- License: ALK grants you, as an individual, a non-exclusive, non-transferable right and license to install and use one copy, non shareable, of the Software on a single device at a time. Your license to use the Software is subject to you complying with the terms of this License. A license is required for each installation of the Software.
- Transfer: You are not allowed to move your License from one device to another.
- Anti-Piracy Protection: the Software may include product activation and other technology to prevent unauthorized use and copying. If you try to activate an excessive number of times, the anti Piracy Protection may cause your Software to lock and prevent you from further activating your Software.
- Copyright: United States copyright law and international treaty provisions protect the Software and the data transmitted by the Software. You agree that no title to the intellectual property in the Software or the data is transferred to you. You further acknowledge that title and ownership rights will remain the exclusive property of ALK or its licensors, and you will not acquire any rights to the Software or the data except as expressly set out in this license. You agree that any copies of the Software will contain the same proprietary notices that appear on and in the Software. The Copyright to the Software is held by ALK Technologies, Inc., 1 Independence Way, Princeton, NJ 08540 USA. Full contact details are available at www.alk.com/contact.
- Prohibited Use: Unless you have ALK’s prior written permission, you may not (i) use, copy, modify, alter, or transfer the Software or accompanying documentation, except as expressly permitted in this License; (ii) translate, disassemble, decompile, or reverse engineer the Software (iii) sublicense or lease the Software or its documentation; or (iv) use the Software in a multi-user or networked environment or on a rental basis or in a time-sharing or computer service business.
- Limited Warranty: ALK warrants that the Software will perform substantially in accordance with the applicable documentation for a period of 30 days from the date of purchase. Any implied warranties relating to the Software are limited to such 30 day period provided that limitation is permitted by applicable law.
- End-User Remedies: If the Software does not conform to the "Limited Warranty" above, ALK’s entire liability and your sole and exclusive remedy will be, at ALK’s option, either to (i) correct the error, or (ii) help you work around the error, or (iii) accept a return and issue a refund through your retailer. The Limited Warranty is void if failure of the Software has resulted from your fault, abuse, or misapplication. If we correct an error in the Software for you, then the unexpired portion of the Limited Warranty period as at the date you informed us of the error will apply to the corrected software once you have received the corrected version.
- NO OTHER WARRANTIES: EXCEPT AS SET OUT IN THE LIMITED WARRANTY, ALK DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. ALK DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OR THE DATA, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limits on how long an implied warranty may last, or an exclusion of incidental damages. This means the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights depending on your country.
- No Liability for indirect loss: In no event will ALK be liable to you for any loss of profit, wasted time, lost business or for any incidental, or indirect loss of any kind arising out of the performance or use of the Software or the data, even if ALK has been advised of the possibility of such damages.
Privacy: ALK reserves the right (which it may from time to time exercise), to collect location based information
on a basis that preserves your anonymity. We may use this information for support purposes, to develop new
features and overall to improve the quality of ALK’s products and services. You may opt-out or switch-off of
this functionality within the software. Although we aim to restrict the data flow to the minimum, you may incur
data charges by using this feature or the Software. Please check with your data subscription charges with your
mobile service provider. Roaming may also increase the data charges. ALK is not responsible for any subscription
or data charges you may occur.
The Software will store in a secure way Your data in a cloud account in order to allow You to store your trips and compute your Estimated Time of Arrival (ETA). Your data is deemed Your confidential information. Upon termination, ALK may permanently delete any and all information, data and content maintained in or under your account from our servers after that period of time and upon any termination of License. ALK will not You accept no responsibility for such deleted information, data or content.
- Warning: Using this Software while driving can be distracting and dangerous. Please exercise caution and common sense in its use and operation.The Software and the data are only a help for map reference and guidance. You must respect locally applicable traffic rules and regulations and use the Software with common sense. The reality observed on the road, and the traffic rules and regulations, always take precedence over the information provided by the Software or the data. You must always control your vehicle, and your speed. You must be able to react properly and execute every appropriate maneuver. You must adopt at all times a prudent and respectful behavior with respect to other vehicles and pedestrians. ALK shall not be held responsible for any information provided by the Software including, any map data, traffic data or any route calculation. Your use of this Software is at your sole risk. Traffic and Location Data may not be accurate or timely.
ALK Cloud Feature: ALK Cloud feature will store in an secure way Your data in a cloud account in order
to allow You to store your trips and compute your Estimated Time of Arrival (ETA). End-User data is deemed
Upon termination, ALK may permanently delete any and all information, data and content maintained in or under your ALK Cloud account from our servers after that period of time and upon any termination of MILEON. You accept no responsibility for such deleted information, data or content.
- Internet-Based Services Components: Certain features of the Software require connection to the Internet directly or through a wireless connection in order to function. Such features may result in the transfer of certain data over such connection, which may or may not be encrypted. You are solely responsible for obtaining any necessary Internet, data or wireless subscription plans with the applicable service providers and you must comply with applicable third party terms of agreement when using the Software. You further acknowledge that ALK is not responsible for the availability of the Internet or wireless connections or the security or integrity of data transmitted over such connections.
- Geographic Restrictions: The Content and Services (as defined below) are provided for access for different areas in the world. You acknowledge and agree that you may not be able to access all or some of the same Content and Services depending as to where you are located in the world. Access to the Software may not be legal by certain persons or in certain countries. At all times, you are responsible for compliance with local laws.
- Disclosure for Optional Content Displayed in the Software for Additional Purchase: Traffic data, including historical traffic data, and any other optional content licensed as a subscription service must be renewed monthly for continued use. You agree and acknowledge that ALK is not responsible for the content displayed which belongs to third parties, and advising you for the end of your subscription.
- Termination: Without prejudice to its other rights, ALK may terminate this License if you fail to comply with these terms and conditions. In that situation, you must destroy all copies of the Software.
- Limitations on Export: You hereby expressly agree not to export or re-export the Software, in whole or in part, in violation of any export laws or regulations of the United States.
- U.S. Government Restricted Rights: The Software is provided with restricted and limited rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the appropriate subparagraphs of the Commercial Computer - Restricted Rights clause at 48 C.F.R. 52.227-19 or in the appropriate subparagraphs of the Rights in Technical Data and Computer Software clause at 252.227-7013 of the Defence Federal Acquisition Regulations.
- Choice of Law: This License is governed by the laws of the State of New Jersey, USA.
- Date: This EULA was last updated on June 7th, 2018.
Copyright 2018. ALK Technologies, Inc
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at https://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions
FOR SOFTWARE DOWNLOADED FROM APPLE APP STORE
All the Terms of the above EULA apply. In addition specific terms for the iOS Products apply below.
- Scope of License: The license granted to You for the Software is limited to a non-transferable license to use the Software on any iOS Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Please refer to the App Store Terms of Service for more information.
- Maintenance and Support: ALK is solely responsible for providing maintenance and support services with respect of the Software as required under applicable law. Apple has no obligation to furnish any maintenance and supports services with respect to the Software
- Warranty: The above warranties apply. In the event of any failure of the Software to conform to the above applicable warranty, You may notify Apple and Apple will refund You the purchase price for the Software, to the maximum extent permitted by applicable law. ALK will not refund the Software. Apple will have no other warranty obligation whatsoever with respect to the Software and any other claims, liabilities, damages, costs or expenses attributable to any failure to conform to the warranty shall be ALK’s sole responsibility.
- Product Claims: You acknowledge that ALK, not Apple, is responsible for addressing any of Your or any Third Party claims relating to the Software possession or use, including but not limited to i) product liability claim, ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement, and iii) claims arising under consumer protection or similar legislation.
- Legal compliance: You represent and warrant that i) You are not located in a country subject to a U.S Government embargo, or that has been designated by the U.S Government as a "terrorist supporting" country and ii) You are not listed on any U.S Government list of prohibited or restricted parties.
- Intellectual Property Rights: You acknowledge that in the event of any claim that the Software or your possession and use of the Software infringes any Third Party Intellectual Property Rights ALK and not Apple shall be solely responsible for the investigation, defense, settlement and discharge of such Intellectual Property Infringement claim.
- Third Party Beneficiary: ALK and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the E.U.L.A. upon Your acceptance of the terms and conditions of this E.U.L.A. Apple will have the right to enforce the E.U.L.A. against You as a third party beneficiary thereof.
END USER LICENSE AGREEMENT FOR ALK DATA
This license applies to ALK Data included in your Software, if any, as well as to ALK data you obtain separately that is formatted for use with your Software.
The ALK data (the "Data") is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and ALK Technologies Inc. ("ALK") and its licensors (including their licensors and suppliers) on the other hand.
© 2018 ALK. All rights reserved.
- Personal Use Only. You means you as an "End-user" or as a "Company" on behalf of its End-Users which are subject to either a Non Disclosure Agreement as Employees or a License Agreement that contains the same restrictions as herein as a Value Added Reseller. Also as used in this EULA, "personal use" can also be understood in more general terms as for a Company’s use. You agree to use this Data together with the Software for the solely personal, noncommercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
- Restrictions. Except where you have been specifically licensed to do so by ALK, and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
- Warning. The Data may contain inaccurate, untimely or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. The Data is based on official highway maps, the Code of Federal Regulations, and information provided by state governments and other licensors. It is provided without a warranty of any kind. The user assumes full responsibility for any delay, expense, loss or damage that may occur as a result of use of the Data.
- No Warranty. This Data is provided to you "as is", and you agree to use it at your own risk. ALK and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.
- Disclaimer of Warranty : ALK AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
- Disclaimer of Liability : ALK AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF ALK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
- Export Control. You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
- Entire Agreement. These terms and conditions constitute the entire agreement between ALK (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
- Governing Law. The above terms and conditions shall be governed by the laws of the State of New Jersey. The courts of the State of New Jersey shall have exclusive jurisdiction to settle any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder. You agree to submit to such jurisdiction.
FOR CANADA TERRITORY DATA
The following provisions apply to data for Canada provided by Canada Post Corporation as the owner of the copyright, and Statistics Canada as the owner of all intellectual property rights, in the same data (collectively "Canada Post Data").
Neither Canada Post Data or Statistics Canada, shall be liable: (i) in respect of any claim, demand or action, irrespective of the nature or causes of the claim whatsoever, alleging any loss, injury or damages, direct or indirect, which may result from Your use or possession of Canada Post Data; or (ii) in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in such Canada Post Data.
You agree to indemnify and save harmless Canada Post and Statistics Canada and its officers, employees, agents from all claims alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of Your possession or use of Canada Data.
2018 MileOn Copyrights
The following is a list of copyrights (includes both software and data copyrights) documented for MileOn product (the “Licensed Product”) releases. These copyrights will be what is listed in the beginning of the User’s Guides for the specific Licensed Product and version indicated above. Otherwise, no part of this document may be reproduced, transmitted, transcribed, stored in a retrieval system, or translated into any language, in any form or by any means electronic, mechanical, magnetic, optical, or otherwise, without prior written permission from ALK Technologies, Inc.
ALK Technologies, Inc. reserves the right to make changes or improvements to its Licensed Products and documentation materials at any time and without prior notice.
- Copyright © 1986 -2018 ALK Technologies, Inc. All Rights Reserved.
- PC*MILER®, MileOn by PC*MILER® CoPilot® Truck™, ALK®, and RouteSync®, and TripDirect® are registered trademarks of ALK Technologies, Inc.
- ALK Data © 2018 – All Rights Reserved.
- Traffic information provided by INRIX © 2018. All rights reserved by INRIX, Inc.
- Statistics Canada Postal Code™ Conversion File which is based on data licensed from Canada Post Corporation.
- Natural Resources Canada information licensed under the Open Government License – Canada. https://open.canada.ca/en/open-government-licence-canada
- Certain Points of Interest (POI) data by Infogroup © Copyright 2018. All Rights Reserved.
- Geographic feature POI data compiled by the U.S. Geological Survey.
- Made with Natural Earth. Free vector and raster map data @ naturalearthdata.com.
- Source of map data for Mexico provided by lnstituto Nacional de Estadistica y Geografia. The use of this information does not represent an official position by INEGI, nor does INEGI endorse, integrate, sponsor or support ALK Technologies, Inc.
- Retail Fuel Prices for Pilot Flying J locations are subject to change and are subject to Pilot Flying J’s disclaimer set forth at https://www.pilotflyingj.com/disclaimer.
- National Elevation Data produced by the U.S. Geological Survey.
- Copyright SanGIS 2009 - All Rights Reserved.
- Data provided by permission of King County, Washington.
- Data provided by permission of © Jackson County, Georgia.
- Data provided by permission of Escambia County IMAGiNE GIS.
- Data from the North Central Texas Council of Governments was used in the preparation of this Software.
- The Star*Map Data provided is the sole property of Houston-Galveston Area Council, which reserves all rights thereto.
- Mapbox maps SDK for Android. MapBox©
© OpenStreetMap https://www.openstreetmap.org/copyright,
"Improve this map" as a link to https://www.mapbox.com/map-feedback/
- Xceed Toolkit and AvalonDock Libraries Copyright © 1994-2018 Xceed Software Inc., all rights reserved. The Software is protected by Canadian and United States copyright laws, international treaties and all other applicable national or international laws.
- Satellite Imagery © DigitalGlobe, Inc. All Rights Reserved.
- Weather data provided by Environment Canada (EC), U.S. National Weather Service (NWS), U.S. National Oceanic and Atmospheric Administration (NOAA), and AerisWeather. © Copyright 2018. All Rights Reserved.
- Standard Point Location Codes (SPLC) data used in MileOn products is owned, maintained and copyrighted by the National Motor Freight Traffic Association, Inc.
- Certain Points of Interest (POI) data by Infogroup © Copyright 2018. All Rights Reserved.