Software License, Warranty & Legal Notices

This is for PDXplorer 5 only. For other PDXplorer releases, refer to the software license displayed in the related installer file.

The PDXplorer software (Release 5.0 and above) contains proprietary information of Active Sensing, Inc.; it is provided under this license agreement which contains restrictions on use and disclosure and is also protected by copyright law and international treaties. Unauthorized reproduction or distribution of this software, or any portion thereof, may result in severe civil or criminal penalties. Violators will be prosecuted to the maximum extent permitted by law.

ATTENTION: This is a license, not a sale. This product is provided under the following license which defines what you may do with the product, and contains limitations on warranties and/or remedies.

Program License and Warranty Agreement

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. IN THE EVENT THAT YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD UNINSTALL OR OTHERWISE AVOID USING ALL COPIES OF THE SOFTWARE IMMEDIATELY.

License

Active Sensing, Inc. ("ASI") provides you with a PDXplorer computer program including associated configuration files (the "Program"), this software license (the "License"), and user installation and operation instructions (the "Instructions"). These together are the "Product".

ASI grants you a license to use the Product in accordance with the terms of this License. The copyright, as well as all other rights in the Product, shall remain with ASI. You must reproduce any copyright or other notice marked on the Product on all copies that you make.

  • You may use the Program on any number of computers, subject to the terms and conditions of this License and Warranty Agreement.
  • You may freely copy and distribute the Product, provided that you do not add, alter, remove or replace any component.
  • You may not translate, reverse engineer, decompile, disassemble, or de-obfuscate the Program, or attempt to circumvent any security mechanism of the Program, except to the extent expressly permitted by law.
  • All Product versions and upgrades that you acquire become an integral part of the original Product, and are subject to the terms of this License.
  • To facilitate supporting and improving the Product, you agree that the Product may ocasionally transmit to ASI error messages or other technical data to compile statistics that do not personally identify you.

Warranty

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY ASI, ASI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.

ASI makes no warranty that the Product will meet your requirements or operate under your specific conditions of use. ASI makes no warranty that operation of the Product will be secure, error free, or free from interruption. ASI will make reasonable efforts to ensure that Product's functions and published documentation are consistent.

YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND OPERATION. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. ASI WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

Disclaimer of Damages

Under no circumstances shall ASI, its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) resulting from this Agreement, or from the furnishing, performance, installation, use, or inability to use the Product, whether due to a breach of contract, breach of warranty, or the negligence of ASI or any other party, even if ASI is advised beforehand of the possibility of such damages. In no event shall liability for any reason and upon any cause of action whatsoever exceed the license price of the Product, or US$10, whichever is greater. To the extent that the applicable jurisdiction limits ASI's ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

Restricted Rights

If the Product is acquired by or for the U.S. Government, then it is provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA FAR supplement, as applicable. Manufacturer is Active Sensing, Inc., PO Box 1236, Castle Rock CO 80104-1236.

This License is governed by the laws of the State of Colorado, United States of America.

Legal Notices

Other software

Third-party software licenses, if any, are installed in the PDXplorer installation folder, typically Program Files\PDXplorerDB\.

Trademarks

PDXplorer™ is a trademark, and PDXpert® is a registered trademark, of Active Sensing, Inc.

All other registered trademarks are the property of their respective owners.