PDXpert End User License Terms

Your use of this PDXpert Client Application program, associated data and configuration files, and other software, as well as user documentation and the product key (collectively the "Product") is subject to a license agreement ("Agreement", located at www.buyplm.com/license) between your company and Active Sensing, Inc. ("ASI"). "You" refers to any authorized user of the Product. These end user terms ("Terms") are incorporated into the Agreement, and You are bound by these Terms and the Agreement, which includes ASI's policies ("ASI Policies", located at www.buyplm.com/policies).

You may use the Product only for the Term of the Agreement entered by your company, and only if Your company has provided you with an authorized account ("Named User Account"). BY USING THE PRODUCT, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS.

You may not allow anyone else to use your Named User Account. You may use your Named User Account on up to three (3) computers/devices during any 12-month period. You agree that the Product may transmit technical and diagnostic information to ASI, and ASI may transmit technical support notifications, data and code to the Product. You must reproduce any copyright, patent, or other notice marked on the Product on all copies that You make.

You may not: (a) modify, adapt, alter, translate, or create derivative works from the Product; (b) merge the Product with other software except as needed to use the Product for its intended purposes or to use it with other enterprise programs licensed by You; (c) sublicense, distribute, sell, use for service bureau use, lease, rent, loan, or otherwise transfer the Product to any third party other than as expressly provided herein; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation (provided, however, that to the extent You intend to engage in any of the foregoing, You will notify ASI in advance of such activity and will treat the results of such activity as Confidential Information (defined below) of ASI); (e) remove, alter, or obscure any proprietary notices of ASI, its licensors or suppliers included in the Product; or (f) otherwise use or copy the Product except as expressly permitted under the Agreement. Unauthorized reproduction or distribution of the Product may result in civil or criminal penalties. Violators will be prosecuted to the maximum extent permitted by law.

The Product, including without limitation, the structure, organization and code of the Product, contains information and valuable trade secrets that are not generally known to the public, and shall be deemed "Confidential Information" of ASI. You will treat as confidential and preserve the confidentiality of the Product and will not disclose any portion of the Product to any third party.

THE PRODUCT IS PROVIDED WITHOUT ANY WARRANTIES OTHER THAN AS SET FORTH IN THE AGREEMENT. TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EVEN IF ASI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (1) IN NO EVENT WILL ASI BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, OR FOR ANY LOST DATA, LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AND (2) THE TOTAL CUMULATIVE LIABILITY OF ASI, ITS LICENSORS OR SUPPLIERS, AND ANY OF EITHER OF THEIR OFFICERS OR DIRECTORS IN CONNECTION WITH THESE TERMS OR THE AGREEMENT AND THE PRODUCT, WILL NOT EXCEED THE LICENSE FEES YOUR COMPANY HAS PAID ASI FOR THE PRODUCT IN THE MOST RECENT 12 MONTH PERIOD.

To the extent these Terms are inconsistent with the Agreement or the ASI Policies, the terms of the Agreement will control.

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