TRANSFLO Mobile+ –  End User License Agreement

 

This End User License Agreement (“Agreement”) sets forth the terms and conditions governing the use of the TRANSFLO Mobile+ application downloaded or otherwise acquired by you (the “Application”). By using the Application, you agree to be bound by the terms and conditions of this Agreement.

 

Application License

Subject to the terms and conditions set forth in this Agreement, Pegasus TransTech LLC (“Pegasus”) grants to you a non-exclusive license to use the Application. This Agreement will also apply to any update to the Application made available by Pegasus, unless an update is accompanied by separate terms, in which case such separate terms will govern.

 

Prohibited Uses of the Application

You agree to comply with all applicable laws, rules, and regulations in connection with your access and use of the Application. The Application may not be used while operating a vehicle. In some locations actively using an application on a mobile phone is illegal and may result in citations and fines. Pegasus will not be liable due to any claim arising from your use of the Application while operating a vehicle. In addition, you may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application.

 

Mobile Network Charges

Pegasus is not responsible for your mobile phone or the mobile network that is provided by your mobile network provider. Your mobile network provider will charge you for the data services you use while accessing and using the Application in accordance with its contract with you. Your mobile network provider may also have an acceptable use policy which will apply to your use of the Application. You should contact your mobile network provider to find out about any applicable charges and any acceptable use policy before using the Application.

 

No Warranties or Liability

The Application is provided to you “AS IS”.  Pegasus does not warrant that the functions contained in the Application will meet your requirements or that the operation of the Application will be uninterrupted or error free.  You assume responsibility for operation of the Application, and for the installation, use, and results obtained from the Application. Pegasus does not give any warranties in respect of the Application, or the network, content, software or services used in conjunction with the Application. Pegasus hereby disclaims all warranties, whether express or implied, with respect to the Application including, but not limited to, the warranties of merchantability, design or fitness for a particular purpose, or warranties concerning the non infringement of third party rights. To the maximum extent allowed by law, in no event will Pegasus and its licensors be liable to you for any claims, damages, or costs whatsoever, whether direct, consequential, indirect, incidental, special, or punitive, arising out of the use or inability to use the Application even if a Pegasus representative has been advised of the possibility thereof and regardless of the legal theory under which the same is brought.

 

Intellectual Property

The Application and any updates thereto are the intellectual property of, and all rights therein are owned exclusively by, Pegasus and its licensors. The structure, organization, methods, and code of the Application are the valuable trade secrets and confidential information of Pegasus. The Application is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. The Application is licensed, not sold, to you.  All right, title and interest, and all intellectual property rights in and to the Application are owned by Pegasus or its licensors.  Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right. Any and all rights not expressly granted herein are reserved by Pegasus.

 

Advertisements

Pegasus will respect the privacy of your email address and agrees to not distribute your email address to any third parties, but reserves the right to send you periodic advertisements and announcements: (a) by presenting ads in the user interface of the Software; (b) via email to the email address supplied by you; (c) through the Pegasus website when you login; and (d) other methods available to Pegasus.

 

Privacy Policy

The Application may request or collect certain limited information about you when you use the Application. Such information might consist of your name, your email address, location, and device identification as well as technical data and related information, including but not limited to technical information about your device, system and application software (collectively “Personal Information”). The Application may also collect information regarding what content you send through the Application and who you send it to (“Transmission Data”).  The Application may also use cookies or other passive tracking mechanisms and tools to collect information in order to facilitate your use of the Application. Furthermore, Pegasus may collect aggregated non-personal data from all users of the Application relating to, for example, the number of transactions processed through the Application (“Aggregate Data”).  Pegasus will only use the Aggregate Data to assess the overall use of the Application by users in order to determine how the Application is being used and how it and other products and services can be improved.

 

Pegasus may share Transmission Data with third party business partners who assist Pegasus in providing its products and services, provided that Pegasus will not provide such third party business partners with your Personal Information without your consent. Pegasus may share Aggregate Data if Pegasus believes it is necessary to comply with any legal process or other legal requirements of any governmental authority or if Pegasus believes it is otherwise necessary to protect Pegasus’s rights or property.

 

Term and Termination

The license granted hereunder is effective for an indefinite period of time, until Pegasus terminates it, or until you provide notice to Pegasus of your decision to terminate it. Your rights under this Agreement will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. Pegasus reserves the right to suspend, discontinue, enhance, update or otherwise modify the Application, or its availability to you, at any time without notice. Upon termination of the license to the Application, you will cease all use of and uninstall the Application.

 

Governing Law; Remedies

This Agreement will be governed by, and construed and enforced in accordance with, the substantive laws of the State of Florida, USA, without regard to principles governing conflict of laws. Any litigation between parties relating to this Agreement or the subject matter hereof shall be brought and tried only in the courts of competent jurisdiction located in Hillsborough County, Florida.

 

General Provisions

If any part of this Agreement is found void and unenforceable, the rest will remain valid and enforceable. This is the entire agreement between Pegasus and you relating to the Application and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Application.

 

By pressing “Accept” you acknowledge that you have read, understand, and agree to all of the terms and conditions of this Agreement.