Last modified: January 23, 2019
Driver log information displayed or otherwise available through the Software is date/time stamped on the home screen. The date and time that is shown is the last time the truck was synced with the PeopleNet Fleet Manager system. Please note this data is near-real time (approx. 20-30 min delay) and will update based on your company settings for check-calls or service calls made by the Trimble OBC or related software. The Trimble OBC will always show the actual time in which a duty status was made and display current Hours of Service (“HOS”) clocks and timers.
The Software is not a certified AOBRD (FMCSA § 395.15) and is solely provided for, and shall solely be used for, informative purposes only.
If you use the Software to transmit data (“Your Data”), you agree that you will have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Data. Your Data will remain your property, but you grant us a perpetual, irrevocable (to the greatest extent permitted by law) right and license to anonymize Your Data, to aggregate Your Data with data from other sources, and to use (and allow our affiliates to use) such aggregated and anonymized data, as well as data regarding your use of our products and services and summary or derivative information based thereon, for our and our affiliates’ analytical and other business purposes; provided that you will not be identified as the source of such information. You will use the Software in compliance with all applicable federal, state and local laws, rules, regulations, codes and ordinances.
The Software is licensed to you, not sold, and you acquire no ownership interest through your use of the Software. We and/or our licensors are the owners of all right, title and interest, including intellectual property rights, in the Software and any improvements, modifications and changes to the Software. The Software and the content on or accessed via it are protected by copyright and other intellectual property laws and treaties around the world, including without limitation copyright and trademark laws. You may not modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of the Software. You may not rent, lease, lend, sell, redistribute or sublicense the Software. You may not copy, decompile, reverse engineer, disassemble, attempt to derive or gain access to the source code of, modify, or create derivative works of the Software, any updates or upgrades, or any part thereof. You may not remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Software, including any copy thereof. PeopleNet, ConnectedDriver and/or any other names of products or services provided by PeopleNet Communications Corporation and referred to on or through the Software are either trademarks or registered trademarks of PeopleNet Communications Corporation or its licensors.
THE SOFTWARE AND ALL DATA CONTAINED OR ACCESSIBLE THEREIN ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND, THAT THAT ALL “PUSH” MESSAGES OR OTHER NOTIFICATIONS OR COMMUNCIATIONS PROVIDED THROUGH THE SOFTWARE WILL BE DELIVERED, OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR ANY OF THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS OR LOSS OF PROFITS RESULTING FROM THE USE OF THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.