2. The content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties.
3. You are granted a non-exclusive, non-transferable permission (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal purpose; and (c) to print out discrete information from the Site solely for internal purpose and provided that you maintain all copyright and other policies contained therein.
4. Your permission for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not
(a) use the Site or any materials obtained from the Site to develop, of as a component information, storage and retrieval of, any system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(b) create compilations or derivatives works of any Content and Materials from the Site;
(c) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
(e) make any portion of the Site available through any system, service bureau, the Internet or any other technology now existing or developed in the future;
(f) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine Site architecture;
(g) use any automatic or manual process to harvest information from the Site;
(h) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions;
(i) use the Site in a manner that violates any law regulating email, facsimile transmissions or telephone solicitations; and
(j) export or re-export the Site or any portion thereof, or any software available on or through the Site.
5. OVERDRIVE may make changes to the features, functionality or content of the Site at any time. OVERDRIVE reserves the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
6. OVERDRIVE acknowledges and agrees that information pertaining to the Customer’s assets and its operations are sensitive, confidential and belong to the Customer and as such will not be communicated to any third party by OVERDRIVE or any of its staff or agents under any circumstances without the explicit written approval of the Customer except where there is a legitimate warrant for any specific information involving any of the Customer’s assets provided always that the Customer is notified immediately of any such demand for information.
7. You agree to indemnify, defend and hold OVERDRIVE and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers or information and documents, advertisers, product and service providers, and affiliates (collectively “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
8. Your right to use the Site including, (a) any hardware devices and peripherals installed onto the assigned vehicles, (b) mobile devices attached to, assigned or issued to any particular vehicle, person or asset, (c) software application owned by OVERDRIVE pre-existing or downloaded onto any mobile device, (d) any form or means of transferring data, (e) any password or right given to you to obtain information or documents for the use of the Site, is not transferable or assignable.
9. Upon termination, cancellation, disruption or expiry of this Agreement, OVERDRIVE holds the right to retrieve and physically recover all items listed in Clause 8 above with applicable fees chargeable due to damage or loss of any of the items.
10. OVERDRIVE and any Affiliated Party shall not be liable for any loss, injury, claim, liability, void of any other party warranty or damage of any kind resulting in any way from (a) any modification or installation works performed to your vehicles or assets to facilitate the use of the Site, (b) any errors in or omissions from the Site or any services or products obtainable therefrom (c) the unavailability or interruption of the Site or any features thereof, (d) your use of the Site, (e) the content contained on the Site, or (f) any delay or failure in performance beyond the control of OVERDRIVE and our Affiliated Parties.