Panther Fleet Mobile App EULA

Panther Fleet Mobile App End User License Agreement

Panther Fleet Mobile App End User License Agreement This Fleet Mobile App (“App” or “Application”) End User License Agreement (“Agreement”) is between you (“You”) and Panther Premium Logistics, Inc. (“Panther”) and governs use of this Application. The download, installation and usage of this Application is entirely voluntary and is not a requirement to do business with Panther. By installing the Panther Fleet Mobile App, You agree to be bound by this Agreement. If You do not agree with the terms and conditions of this Agreement, you are not entitled to use the Panther Fleet Mobile App.

By installing the Panther Fleet Mobile App, You agree to be bound by this Agreement. If You do not agree with the terms and conditions of this Agreement, you are not entitled to use the Panther Fleet Mobile App.

Limited License

The Application is licensed, not sold. You do not own, in part or in whole, the Application. Subject to your compliance with the Agreement, Panther hereby grants you a limited, personal, revocable, nonexclusive, non-transferable license to: (i) download or otherwise copy the Application or its Content onto your wireless device in order to access, and (ii) access and/or use the Application (in object code form only) on such wireless device in order to access and use the Application as made available and permitted by Panther at its sole discretion.

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. Panther is not 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.

Limited Liability; Waiver

Under no circumstances will Panther be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the Panther Fleet Mobile App content; (c) user content; (d) your use of, inability to use, or the performance of the service or App; (e) any action taken in connection with an investigation by Panther or law enforcement authorities regarding your or any other party's use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Application’s operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if Panther has been advised of or should have known of thepossibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the service). In no event will Panther be liable to You or anyone else for loss, damage or injury, including, without limitation, death or personal injury.

Mobile Network Charges

Panther is not responsible or liable for your mobile phone or mobile network that is provided by your mobile network provider. Your carrier’s normal rates and fees, including but not limited to, text messaging and data charges, will still apply.

Using a Hand-Held Mobile Telephone

Your use of the App is an acknowledgment that you understand and are required to abide by § 392.82 of the Federal Motor Carrier Safety Administration (FMCSA) regulations which states the following:

§ 392.82: Using a hand-held mobile telephone.

(a)(1) No driver shall use a hand-held mobile telephone while driving a commercial motor vehicle (CMV).

(2) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV.

(b) Definitions. For the purpose of this section only, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway, and has halted in a location where the vehicle can safely remain stationary.

(c) Emergency exception. Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services.

The Application may request or collect certain limited information about you when use the Application. Such information includes but is not limited to your email address, cell phone number, location and device 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, other passive or active tracking mechanisms, and tools to collect information in order to facilitate your use of the Application. Furthermore, Panther 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”). Panther 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.

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

Termination

Panther reserves the right to terminate your access to the Application at any time for any and no reason and without your notice to you. Upon termination of your license to use the Application, Panther shall have no liability to You or any further obligations under this Agreement. Panther also reserves the right to suspend, discontinue, enhance, update or otherwise modify the Application at any time without notice.

This Agreement may be amended from time to time and You agree to be bound by the current Agreement in effect at the time you use such Application. You are not permitted to use this App unless You or the owner of your truck is under a separate written leasing agreement with Panther and is in an active status.

License Attribution

This software contains unmodified binary redistributions for .NET Standard, which is licensed under a MIT License (MIT) license, (c) .NET Foundation and Contributors. An original copy of the license agreement can be found at https://github.com/dotnet/standard/blob/master/LICENSE.TXT.

This software contains unmodified binary redistributions for ACR User Dialogs, which is licensed under a MIT License (MIT) license, (c) 2016 Allan Ritchie. An original copy of the license agreement can be found at https://github.com/aritchie/userdialogs/blob/master/LICENSE.md.

This software contains unmodified binary redistributions for CarouselView control for Xamarin Forms, which is licensed under a MIT License (MIT) license, (c) 2017 alexrainman1975@gmail.com. An original copy of the license agreement can be found at https://github.com/alexrainman/CarouselView/blob/master/license.md.

This software contains unmodified binary redistributions for Connectivity Plugin, which is licensed under a MIT License (MIT) license, (c) 2017 James Montemagno. An original copy of the license agreement can be found at https://github.com/jamesmontemagno/ConnectivityPlugin/blob/master/LICENSE.

This software contains unmodified binary redistributions for Current Activity Plugin for Xamarin.Android, which is licensed under a MIT License (MIT) license, (c) 2016 James Montemagno. An original copy of the license agreement can be found at https://github.com/jamesmontemagno/CurrentActivityPlugin/blob/master/LICENSE.

This software contains unmodified binary redistributions for DeviceInfo Plugin, which is licensed under a MIT License (MIT) license, (c) 2016 James Montemagno. An original copy of the license agreement can be found at https://github.com/jamesmontemagno/DeviceInfoPlugin/blob/master/LICENSE.

This software contains unmodified binary redistributions for GeolocatorPlugin, which is licensed under a MIT License (MIT) license, (c) 2016 James Montemagno. An original copy of the license agreement can be found at https://github.com/jamesmontemagno/GeolocatorPlugin/blob/master/LICENSE.

This software contains unmodified binary redistributions for Json.NET, which is licensed under a MIT License (MIT) license,(c) 2007 James Newton-King. An original copy of the license agreement can be found at https://github.com/JamesNK/Newtonsoft.Json/blob/master/LICENSE.md.

This software contains unmodified binary redistributions for NControl.Controls, which is licensed under a MIT License (MIT) license, (c) 2015 Christian Falch. An original copy of the license agreement can be found at https://github.com/chrfalch/NControl.Controls/blob/develop/LICENSE.

This software contains unmodified binary redistributions for NLog, which is licensed under a BSD license, (c) 2004-2018 Jaroslaw Kowalski , Kim Christensen, Julian Verdurmen. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. An original copy of the license agreement can be found at https://github.com/NLog/NLog/blob/master/LICENSE.txt.

This software contains unmodified binary redistributions for Permission Plugin, which is licensed under a MIT License (MIT) license, (c) 2016 James Montemagno. An original copy of the license agreement can be found at https://github.com/jamesmontemagno/PermissionsPlugin/blob/master/LICENSE.

This software contains unmodified binary redistributions for PRISM, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://github.com/PrismLibrary/Prism/blob/master/LICENSE.

This software contains unmodified binary redistributions for RESTSHARP an Apache License Version 2.0 license. An original copy of the license agreement can be found at https://github.com/restsharp/RestSharp/blob/master/LICENSE.txt.

This software contains unmodified binary redistributions for Settings Plugin, which is licensed under a MIT License (MIT) license, (c) 2017 James Montemagno. An original copy of the license agreement can be found at https://github.com/jamesmontemagno/SettingsPlugin/blob/master/LICENSE.

This software contains unmodified binary redistributions for Xamarin Components, which is licensed under a MIT License (MIT) license, (c) .NET Foundation Contributors. An original copy of the license agreement can be found at https://github.com/xamarin/XamarinComponents/blob/master/Android/AndroidSwipeLayout/LICENSE. md.

This software contains unmodified binary redistributions for Xamarin-Plugins, which is licensed under a MIT License (MIT) license (c) 2017 Adrian Stevens. An original copy of the license agreement can be found at https://github.com/adrianstevens/Xamarin-Plugins/blob/master/License.txt.

The following is applicable to all software utilized pursuant to the MIT license: THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.