alienlogo_new_old_rev2_update_new-01

Alien Automation Technologies End-User License Agreement

If you have questions or concerns regarding this End User License Agreement on this site, please contact us by sending an email to info@aliens.co.za.

1.THE ALIEN SOFTWARE SUIT Alien Automation and Technology Pty Ltd Software Programs; herein referred to as ‘Alien Software Suit’;

1.1Alien WARP (“Software”).

1.2Alien BWR (“Software”).

1.3Alien MOBIpos (“Software”).

1.4Alien FuelBuddy (“Software”).

1.5Alien IOT Application (“Software”).

1.6Alien IOT Dashboard (“Software”).

1.7Alien JockyBuddy (“Software”).

1.8Alien Portal (“Software”).

1.9Client Portal (“Software”).

1.20MyAlien.mobi (“Software”).

This is a legally binding agreement between you (either an individual or a single entity), referred to herein as "YOU", and Alien Automation Technologies. The entitled software suite and all documents and materials included in it are referred to herein as the "SOFTWARE" or the "DOCUMENTS".

  1. ACCEPTING THIS AGREEMENT

Installing, opening, or using all or any portion of this software indicates your acceptance of all the terms and conditions of this End-User License Agreement referred to herein as "EULA" and that this agreement is equivalent to a written agreement signed by you. By subscribing to the software, you are obliged to the terms of this agreement. This agreement is enforceable against you and any legal entity that obtained the software and on whose behalf it is used. If you do not agree to the terms of this agreement, please do not use the software suit as listed in paragraph 1.

  1. PROHIBITIONS

IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE, OR DISCLOSE TO ANY OTHER PARTY, THIS SOFTWARE OR THE DOCUMENTS IN HARD COPY, DIGITAL FORM OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET EXISTING, EXCEPT AS SPECIFICALLY PERMITTED BELOW.

The use of this software is governed by the terms and conditions set forth herein. Please read them carefully. This EULA is applicable to all of the Documents included in the Software and to the Software in its whole part. You are deemed to have read, understood, and accepted the terms of this EULA when you install or use the Software.

  1. LIMITED LICENSE

You are granted a limited, non-exclusive license to install the Software on one individual computer for your own use provided that such computer does not render the Software accessible to other users through local or Internet networks or other methods. Only the individual that installed the Software, as indicated by the user information provided when installing the Software, will have the license to use the Documents. Use by any other person, company, affiliate, corporation, Limited Liability Company, trust, or other separate legal entity will require a separate license/s. This includes companies that may be affiliated with you by ownership or otherwise. The license granted herein shall remain in effect perpetually but shall terminate upon your use of the Software beyond the scope licensed herein or upon your violation of any of the terms or conditions as stipulated in this document. All protections with which Alien Software Suit is provided under this EULA shall survive the termination of your license to use the Software.

  1. PROPRIETARY RIGHTS

Alien Software Suit and its suppliers retain all title, ownership, and intellectual property rights in the Software, including but not limited to all supporting documentation, files, marketing material, images, multimedia, and applets. The Software is protected by copyright and other intellectual property laws and by international treaties. The Software may include security measures designed to control access and prevent unauthorized copying and use. You agree not to interfere with any such security components. Alien Software Suit permits you to download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this EULA. Use of third-party material included in the Software may be subject to the terms and conditions typically found in the party's own license agreement.

  1. CONFIDENTIALITY

Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes, or procedures or any other confidential, financial, or business information of the other party which it learns during the course of its performance of this EULA, without the prior written consent of such other party. This obligation shall survive the cancellation or other termination of this EULA. The Software is a protectable interest and contains trade secrets and proprietary know-how that belong to Alien Software Suit, which is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS, OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS EULA, MAY BE ACTIONABLE AS A VIOLATION OF Alien Software Suit TRADE SECRET RIGHTS.

  1. NON-TRANSFER OF RIGHTS

You may not rent, lease, sell, sublicense, assign or transfer your rights in the software, or authorize any portion of the software to be copied onto another individual or legal entity's computer.

  1. ALLOWED USAGE

Upon fulfilling your obligations towards properly installing and registering the Software or obtaining a valid Software license key, you are permitted to do only the following:

8.1 Use the Documents in transactions and agreements in which you are one of the parties. You may have your attorney review, comment, and modify the Documents to fit your particular needs with prior express written consent from Alien Software Suit. You are encouraged to obtain competent legal counsel to advise you on the use of the Documents and/or the contractual relationship you are establishing however you and your attorney may not use any of the documents for commercial purposes to sell or distribute to any other third party as a service or product.

8.2 Modify the Documents to fit your own needs and the contractual relationship you are entering.

8.3 If you are an attorney, you may modify the Documents and use them only for preparing documents for your immediate clients with whom you have an attorney-client relationship. The attorney license is only for one individual attorney use. As such, only you can use the Documents. Other attorneys or associates within your firm cannot use the Documents. They must acquire a license for themselves.

8.4 If you only have a license to use the demo version of the Software, in order to transmit a digital version of any of the Documents, the receiving parties must also have a license to use the Software. If the other parties do not possess a license, you are encouraged to send them a link to download the Software and thereby acquire a license. These parties, and your attorney, may modify and make suggested changes to the Documents as part of the normal negotiation process or as part of your representation in a bona fide attorney-client relationship.

8.5 Disclose any final executed Documents reflecting a consummated transaction or executed agreement to the SEC (or any other security regulation agency) where necessary as part of a required securities law filing and to other governmental agencies as part of a required filing.

8.6Display or post online as a part of your website or online property for your use, only Documents that are meant for public display or use on a website, such as Online Licenses, Privacy Statements, Affiliate Program Agreements and Linking Agreements.

8.7 Include in the packaging and shipment of your product or your product documentation, Documents that are meant to be distributed along with computer software or other product deliverables.

8.8 You may make one copy of the original media on which you obtained the Software solely for backup or archival purposes. You may not otherwise make copies of the Software. You agree that any copies of the Software which you make pursuant to this EULA shall bear all copyright, trademark, and other proprietary notices included therein by Alien Software Suit and, except as expressly authorized herein, you shall not distribute the same to any third party without Alien Software Suit prior written consent.

  1. DISTRIBUTION

You may not unpack or remove Documents and distribute them in any way except as prescribed by the Allowed Usage defined in section 5. Only distribution of the full and complete unaltered software application is allowed provided that Alien Software Suit has given you prior written authorization (through your participation in any of Alien Software Suit partner programs) and that all trademarks, ownership, and copyright notices remain in the Software.

  1. RESTRICTIONS

You may not:

10.1modify or create any derivative works of the Software or documentation, including customization, any modifications or enhancements, translation or localization without Alien Software Suit express written consent;

10.2reverse engineer, decompile, disassemble, make or otherwise attempt to derive the source code of the Software or the underlying ideas or algorithms of the Software;

10.3attempt to gain unauthorized access to Documents, Alien Software Suit servers, or any other service, account, computer system, or network associated with the Software or with Alien Software Suit, its affiliates, agents, partners, and customers;

10.4remove or alter any trademark, logo, copyright, or other proprietary notices or symbols in the Software;

10.5block, disable, or otherwise affect any advertising, banner window, tab, link to websites and services, or other features that are part of the Software;

10.6incorporate, integrate, or otherwise include the Software or any portion thereof into any software, program, or product; 10.7provide false information when registering the Software;

10.8digitally transmit or make available the Software or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Software onto a server so that it is accessible via a public network such as the Internet;

10.9use the Software in any way that violates this EULA or any law; or

10.10 Authorize or assist any third party to do any of the things described in this section.

  1. PUBLICITY

You shall not refer to the existence of this EULA in any press release, website, advertising, or any publicly distributed or accessible material, without the prior written consent of Alien Software Suit.

  1. ADDITIONAL FEATURES & CONTENT

Certain portions of the Software may be locked or unavailable in the demo version. In order to upgrade the Software or use additional content and features you must:

12.1. Install the demo version, provide valid registration information, and pay a fee to obtain a valid Software license key. 12.2 All Software license key holders are subject to the terms and conditions of this EULA.

  1. SOFTWARE LICENSE KEY

Certain features or content of the Software may require the purchase of a Software license key. You agree not to attempt to, and not to, control, disable, modify, or remove any component of the Software license key protection system. You also agree not to access, attempt to access, copy, share, or distribute the license key for any purpose.

  1. SOFTWARE UPDATES

The Software is configured to automatically check for updates. By using the Software, you consent to receive software updates, modifications, and/or patches that address issues such as security, interoperability, and performance. Your use of the updates shall be governed by this EULA unless you are asked to agree to a new EULA at the time of download or installation.

  1. PRIVACY

15.1SOFTWARE IMPROVEMENT PROGRAM. By participating in the Alien Software Suit Improvement Programs, you allow Alien Software Suit to collect anonymous information relating to your use of the Software, such as the frequency of your use of the Software and of certain features and information on errors occurring during your use of the Software. This anonymous usage data will be used to diagnose performance issues and improve the reliability of the Software and its features. This data will not be tied to any information that would personally identify you. 15.2PERSONAL INFORMATION. During the installation process, or at some time thereafter, you may be asked to provide certain information that will be used to personalize certain Documents, send you Alien Software Suit information via email or mail, and customize some information presented to you through the Software. For example, you may be asked for your state/province/country, which could be used by the Software to provide you with locally relevant Documents and/or related products. All personal and billing information is transmitted using the secure SSL protocol. Both personal and non-personal information collected by the Software is safeguarded according to the highest privacy and data protection standards adopted worldwide, and will not be shared or given without your consent as described in our Data Protection Policy available on www.aliens.co.za.

  1. LIMITATION OF LIABILITY

EXCEPT AS REQUIRED BY LAW, Alien Software Suit AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. Alien Software Suit'S LIABILITY UNDER THIS EULA IS LIMITED TO RECONNECTION AT THE SUBSCRIPTION MONTHLY INSTALLMENT.

  1. DISCLAIMER OF WARRANTY

YOU ACCEPT THE SOFTWARE “AS IS” AND WITH ALL FAULTS (IF ANY). Alien Software Suit DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Alien Software Suit MAKES NO WARRANTY OR REPRESENTATIONS WHATSOEVER REGARDING THE CONTENT OF THE DOCUMENTS AND YOUR USE OF THE DOCUMENTS, OR THE SUITABILITY OF THE DOCUMENTS TO MEET YOUR SPECIFIC NEEDS. THE DOCUMENTS ARE DETAILED, BUT GENERIC IN FORM. THERE MAY BE LAWS APPLICABLE IN YOUR STATE/PROVINCE/COUNTRY THAT NEED TO BE ADDRESSED IN ANY FINAL DOCUMENT. YOU ARE STRONGLY URGED TO OBTAIN COMPETENT LEGAL COUNSEL TO REVIEW THE DOCUMENTS YOU CREATE USING THE SOFTWARE AND TO ADVISE YOU ON ANY TRANSACTION IN WHICH YOU INTEND TO ENGAGE.

Alien Software Suit makes no warranties with respect to the Documents as described above and as such, there should be no reason for you to bring any grievance against Alien Software Suit. However, if you do bring any action, claim, suit, threat, or demand against Alien Software Suit, and you do not substantially prevail, you shall pay Alien Software Suit’s entire attorney fees and costs attached to such action. In the same token, if Alien Software Suit is forced to take legal action to enforce this EULA or any of its rights described herein or under any state or federal law, you will pay Alien Software Suit’s attorney fees and costs.

  1. VIOLATIONS OF THIS EULA

Alien Software Suit reserves all rights not specifically granted to you above.

Alien Software Suit will have the right to legally pursue you in the event that you infringe against Alien Software Suit’s rights. Any use not within the precise scope of the license set forth herein will be considered an infringement. You acknowledge and agree that Alien Software Suit’s damages in the event of your violation of this EULA will be substantial and that Alien Software Suit will suffer irreparable harm in such event. As such, Alien Software Suit shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees on attorney and client scale, and any other available legal remedy.

  1. TERMINATION

Alien Software Suit shall have the sole and exclusive right to immediately terminate this EULA and suspend your license to use the Software should you fail to perform any obligation required under this EULA, engage in activity that Alien Software Suit deems harmful to its well-being or if you become bankrupt or insolvent.

This EULA takes effect upon your installation of the Software and remains effective until terminated. Upon termination of this EULA by Alien Software Suit, you shall return to Alien Software Suit the original and all copies of the Software and Documents including partial copies and modifications.

  1. WAIVER & SEVERABILITY

Alien Software Suit's waiver of any breach of this EULA shall not constitute an amendment to this EULA or Alien Software Suit's waiver of subsequent breaches. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which will remain valid and enforceable according to its terms.

  1. ELECTRONIC NOTICES

You consent that Alien Software Suit may provide you with information and notices regarding the Software and Alien Software Suit via the email address you designate when installing the Software or thereafter. Alien Software Suit may provide notices to you via: i. Email if you have provided Alien Software Suit with a valid email address, or ii. by posting the notice on the Alien Software Suit website or the Software download site which Alien Software Suit owns and operates. You may withdraw your consent for electronic notices.

  1. AMENDMENTS

Alien Software Suit reserves the right to amend all offers, pricing terms, or other matters pertaining to the Software, Alien Software Suit’s website, or this EULA. The Notice will be sent to the authorised preferred representative to his/her nominated email address as provided to Alien Automation technologies on email.

  1. GOVERNING LAW

23.1 All transactions made under these Terms and Conditions will be governed by the applicable laws of the country of business. 23.2 Any dispute regarding these Terms and Conditions shall be subject to the exclusive jurisdiction of the applicable court of that country.

  1. COMPLETE AGREEMENT

This is the entire EULA between Alien Software Suit and you relating to the Software and it supersedes any prior representations, discussions, undertakings, warranties, communications, or advertising relating to the Software.

  1. ASSIGNMENT

Neither this Agreement nor any part, or interest therein or any rights or obligations hereunder may be ceded, assigned, or otherwise transferred by any Party, without the prior written consent of the other Party.

  1. SUPERSESSION

This Agreement cancels and supersedes all prior negotiations and agreements entered into between the Parties relating to the matters set forth herein.

  1. SEVERABILITY

Any provision in this Agreement which is or may become illegal, invalid, or unenforceable in any jurisdiction shall, with respect to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro-non-script and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

28.NO WAIVER

No relaxation, indulgence, or extension of time granted by any Party (“the Grantor”) to the other Party shall be construed as a waiver of any of the Grantor’s rights in terms hereof, or a novation of any of the terms of this Agreement or estop the Grantor from enforcing strict and punctual compliance with the terms of this Agreement.

29.NO VARIATION

No variation of, addition to, consensual cancellation of, or waiver of any right arising in terms of this Agreement (including this clause 28) shall be of any force or effect unless it is reduced to writing and signed by each of the Parties or their duly authorised representatives.

  1. WHOLE AGREEMENT

This Agreement constitutes the whole agreement between the Parties in relation to the subject matter thereof and no Party shall accordingly be bound by any undertaking, representation, or warranty not recorded therein.

  1. COUNTERPARTS AND ELECTRONIC SIGNATURE

    This Agreement may be executed in a number of counterparts and by the same Parties on different counterparts, but shall only be deemed to have been concluded when each Party has executed at least one counterpart. Each counterpart, when executed, shall be an original, but all counterparts together constitute the same document.

  2. CONSENT

    We hereby confirm that we have read, understand, and agree to the contents of this agreement. We herewith consent to the information processed in this document to be used strictly for the purpose of the agreement. The data will be accurate, complete, updated, and not misrepresented. Should this information be shared with a third party, we, as the data subjects, will be informed of this action and the identity/contact details of the third party. We further have a choice to request that our information be updated, amended, or deleted at any point.

    As the authorized representatives of the parties to this agreement, we confirm our consent to the above by having received a notification to read and accept the published legal content.

  3. ENQUIRIES

For inquiries please contact: Alien Automation Technologies (Pty) Ltd PO Box 50505 Waterfront 8002 South Africa

© 2007-2024 Alien Software Suit – Last revised: September 17, 2024