1.0 Using Information under these Terms
2.0 Your Rights
a) You are free to:
Copy and transmit the Information for your internal business purposes.
Use the Software for your internal business purposes.
3.0 Your Obligations
a) You must:
Ensure CMT Equipment Ltd’s intellectual property rights, including but not limited to, all logos, design rights, online functionality, custom development, patents and trademarks, are respected.
Only allow access to the Software and/or Information to users directly or indirectly employed (i.e. joint venture staff, temporary staff, and agency staff).
Limit traffic requests up to the maximum calls per minute per endpoint. CMT Equipment reserves the right to throttle or limit access to Software when it is believed the overall service is being degraded by excessive use.
Ensure the information and data you provide on registration or entry/access to the Software and/or Information is accurate.
d) You are responsible for maintaining the confidentiality and security of your login credentials and/or API keys and shall notify CMT Equipment Ltd immediately of any unauthorized access, use, misuse or suspected breach of security.
Transfer any intellectual property rights in the Software and/or Information to you or any third party.
Provide you any rights to use the Software and/or Information after this Licence has ended.
Provide you any rights to use any other intellectual property rights, including patents, trademarks, and design rights or permit you to:
Use any automated system, software, or process to extract content and/or data, including trawling, data mining, screen sharing and screen scraping except where expressly permitted under a written licence agreement with CMT Equipment.
5.0 Prohibited Activities
a) You shall not engage in any activity that could compromise the security or integrity of the Software and/or Information or its users. This includes but is not limited to attempting to gain unauthorized access, introducing malware or viruses, or conducting any form of hacking, cracking, or reverse engineering.
6.0 Breach Notification
a) In the event of a security breach that compromises the confidentiality, integrity, or availability of your data, CMT Equipment Ltd will make commercially reasonable efforts to promptly notify you and provide information about the breach, the impact on your data, and any remedial measures taken.
7.0 Third-Party Services and Links
a) The Software and/or Information may integrate with or provide links to third-party services or websites. CMT Equipment Ltd is not responsible for the security practices or content of such third parties. Your use of any third-party services or websites is subject to their respective terms and conditions and privacy policies.
b) The Software and/or Information may use third party software or open source code to provide its functionality. CMT Equipment Ltd hold no liability for ensuring that this third party software or open source code is free from vulnerabilities or security weaknesses.
8.0 Data Backup and Recovery
10.0 User Authentication and Access Controls
a) CMT Equipment Ltd implements user authentication and access controls such as, but not limited to, API keys, to prevent unauthorized access to the Software and/or Information. You are responsible for maintaining the accuracy, security and confidentiality of your user accounts and any access credentials provided to you.
11.0 Compliance with Laws and Regulations
a) You agree to use the Software and/or Information in compliance with all applicable laws, regulations, and industry standards related to information security, privacy, and data protection.
12.0 Audit Rights
13.0 Security Measures
a) CMT Equipment Ltd employs commercially reasonable security measures to protect the Software and/or Information and your data from unauthorized access, use, or disclosure. However, you acknowledge that no system is completely secure, and CMT Equipment Ltd cannot guarantee the absolute security of the Software or Information or your data.
14.0 Limitation of Liability
a) To the fullest extent permitted by law, CMT Equipment Ltd shall not be liable for any indirect, incidental, consequential, or punitive damages, or any loss of profits or data, arising from the use, misuse, or inability to use the Software and/or Information or any content accessed through it.
b) CMT Equipment is not liable for any errors or omissions in the Software and/or Information and shall not be liable for any loss, injury or damage of any kind caused by its use or any inability to use the Software and/or Information. CMT Equipment does not guarantee the continued supply of the Software and/or Information.
b) CMT Equipment Ltd hold no liability for such limitation of access. Upon termination, your right to access and use the Software and/or Information shall cease, and CMT Equipment Ltd may delete any data associated with your account.
18.0 Updates and Modifications
a) CMT Equipment Ltd reserves the right to update, modify, enhance, or discontinue the Software and Information at any time without prior notice. Such updates or modifications may include changes to features, functionality, or security measures.
b)You agree that CMT Equipment Ltd shall not be liable to you or any third party for consequences arising from any such updates, enhancements, modifications, or discontinuation, including any loss of data, disruption of service, or adverse effects on your operations.
c) CMT Equipment Ltd holds no obligation to inform you in the event of any updates or modifications to the Software/Information and shall not be liable to you for any consequences arising from any failure to inform you.
19.0 Non Warranty
a) The Information and Software are licensed 'as is' and CMT Equipment excludes all representations, warranties, obligations, and liabilities in relation to the Information and Software to the maximum extent permitted by law.
20.0 Governing Law