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. | You hereby expressly agree to indemnify, defend and hold ALK harmless against |
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. | any and all liability, loss, damage, cost and expense, including reasonable attorneys' |
. | fees, in connection with all claims in contract or in tort, including negligence arising |
| as a result of your use of the service in a manner not authorized by the terms of this |
| Agreement. |
| You acknowledge and agree that the service is provided to you solely for your |
| personal use. You may disclose information from PC*MILERMobile to trading |
| partners for specific |
| transportation services. You may not make any other disclosure of any |
| PC*MILERMobile information to anyone outside the legal entity that is paying for |
| this license. You may not directly or indirectly lease, sublicense, sell or otherwise |
| transfer the service to third parties, or use PC*MILERMobile to provide information |
| services to third parties, without ALK’s prior written consent. |
| This agreement shall be construed and applied in accordance with the laws of the |
| State of New Jersey, and the courts of the State of New Jersey shall be the exclusive |
| forum for all actions or interpretations pertaining to this agreement. This is the entire |
| Agreement between you and ALK and supersedes any prior or contemporaneous |
| agreements or understandings. Should any provision of this agreement be found to |
| be illegal or unenforceable, then only so much of this agreement as shall be illegal or |
| unenforceable shall be stricken and the balance of this agreement shall remain in full |
| force and effect. |
| User Consent |
| Laws in some areas prohibit the use of a cellular phone when driving a motor vehicle. |
| It is the responsibility of each cellular phone user to be aware of and abide by any |
| and all local laws and ordinances, which may restrict the use of cellular phones. The |
| user must take the utmost care in using a cellular phone safely under all |
| circumstances. |
| Traffic laws and current traffic conditions must always be observed and take |
| precedence over the instructions issued by the navigation system. The user should be |
| aware of situations where current traffic conditions and the instructions from the |
| navigation system may be in conflict. |
| The use of the navigation system does not relieve the user of his/her responsibilities. |
| The user is ultimately responsible for the vehicle under his/her control and should be |
| aware of the surroundings at all times. For traffic safety reasons, it is recommended |
| that routes should be |
| Privacy: Operation of the PC*MILER Mobile service requires that the user's |
| position be sent to a central server for use in preparing the route information. This |
| information will only be used to provide the navigation and tracking services and will |
| not be shared with any third parties. A user who wishes to keep their current location |
| private should not use the PC*MILER Mobile service. |
PC*MILERMobile User’s Guide | 5 |