How to purchase, renew, convert or upgrade your PDXpert license

We provide standardized products with uniform sales policies and procedures. Our customers represent a wide variety of industries, operating structures and legal jurisdictions throughout the world; we regret that it's not practical for us to examine, negotiate and agree to each organization's unique purchase terms. Please read our policies before offering to make a purchase.

Contents

Sales policies

All commercial transactions between Buyer ("you", "your") and Active Sensing, Inc. ("ASI", "we", "us", "our") are subject to the standard terms, conditions and policies ("policies") described (1) on this page, and (2) within our PDXpert License Agreement, into which these policies are incorporated ("License Agreement"). Buyer and ASI includes their respective subsidiaries, employees, contractors, and other authorized agents. Any terms or conditions that are inconsistent with or are in addition to our policies ("exceptional terms") must be specified in a written Master Sales Agreement ("MSA"), which must be signed by an authorized representative of each party prior to your purchase.

For transactions that are not subject to a written and signed MSA, any of the following constitute acceptance of our policies: (a) you have registered on this website and visit this web page; (b) we identify these policies in any written or electronic communication — e.g., quotation — to you prior to your purchase; (c) you receive an invoice referring to these policies and you pay any portion of such invoice; (d) you install or use any of our products; or (e) any other act which reasonably implies awareness of these policies. Your acceptance authorizes us, without further notice, to reject any exceptional terms however communicated. If you provide any communication that requires an acknowledgement by us, our acknowledgement (signed or otherwise) confirms only our receipt of your communication without accepting any exceptional terms contained therein. You may reject these policies by declining to purchase, or by canceling your purchase order prior to payment.

A PDXpert software license specifies "Named User Accounts"

A PDXpert software license key is assigned to a single server computer that permits access by named user accounts1. A named user account is a unique log-in username that is assigned to exactly one person, for that person's exclusive use on no more than 3 computers during any 12-month period.

  • Each computer on which the PDXpert Server application is installed must be assigned a unique license key.2
  • A named user account may not be used for concurrent, shared, pooled, floating, team, enterprise, site or other non-exclusive user access.

We permit one exception: a workgroup may use a read-only named user account (a "kiosk account") on a single computer at a specified physical location (a "node"). A kiosk account may not use a full-function named user account, and may not be used with more than one node. For compliance auditing, each kiosk account's log-in username must begin with kiosk, such as kiosk06 or kiosk-mfg, the node's physical location must recorded, and the node is counted as one person.

When a person no longer needs access to PDXpert, the administrator may delete that person's named user account and re-assign the user account exclusively to another person.

A maintenance, support and upgrades (MSU) subscription is assigned to a license and all of its named user accounts. It's not possible to assign MSU to a subset of user accounts on a license.

Purchasing your PDXpert software license

You may provide your purchase order via email, fax, postal mail service, or telephone. We recommend always sending an email, even when sending your order via other means, so that we may confirm your order and issue your license as quickly as possible.

Ensure that the purchase information includes your organization name, address, postal (zip) code, and country, as well as the email and telephone of the principal administrative contact(s). We reserve the right to reject incomplete orders, and no order will be deemed accepted until we send you a confirmation.

Credit terms

At our option, we may offer payment terms of NET 30 DAYS; however, we have no obligation to do so. Upon receipt and acceptance of your purchase order, we provide a license key that provides temporary access for at least 30 days, and will email your final license key immediately upon bank receipt of funds.

Credit reports & reporting

You authorize us (a) to obtain and verify credit reports and other credit information from third parties to ascertain your suitability for credit payment terms, and (b) to report your payment performance to our banking and credit services providers. Failure to honor the agreed payment terms will affect future transactions.

Brokers & purchasing agencies

If you are a purchasing or financing service that is handling the transaction on behalf of another company, you must indicate the full contact details of your principal. Our software license requires acceptance by the company that actually installs and uses the product; we will not issue a license in the name of an intermediary or broker.

Payment

Payment must be received for the total invoice amount in US dollars. Payments must be free of all transaction costs such as currency conversion fees; bank fees; broker surcharges; government taxes, duties or forex fees; or other charges. Your non-refundable software license key is issued upon payment.

By electronic bill pay, ACH or wire transfer: Contact us for bank information.

By check: Checks must be drawn on a US bank and payable to Active Sensing, Inc. Mail to:

Active Sensing, Inc.
Attention: Accounting Dept.
P.O. Box 1236
Castle Rock, CO 80104-1236 USA

By credit card: To retain the option of returning the software within 30 days of your original order date, you must request a refundable license key when you provide your credit card details. We reserve the right to decline credit card transactions and to specify rules to comply with merchant account requirements, ensure payment and prevent credit card fraud.

Major credit cards accepted

By PayPal: For your convenience, prior to the payment due date we can re-issue our original invoice as a PayPal invoice sent to your designated payer (an email address). A 2% convenience fee is added to our original invoice total. Payment method — debit card, bank transfer, credit card, PayPal balance, etc. — is agreed between PayPal and payer. PayPal is an independent entity; we do not determine (or even know) the criteria for a completed transaction. If payer's transaction cannot be completed, we will cancel the PayPal invoice and restore our original invoice, including original amount and due date.

Sales tax, government-imposed fees, and title

Non-tangible computer software, such as PDXpert software, currently is not subject to Colorado state sales tax.3 However, we reserve the right to charge for such taxes in the event they are imposed.

You are responsible for paying all applicable government sales, transfer, use, asset, import, customs, value-added, and other taxes, tariffs, duties and fees imposed by any governmental entity.

Our software is licensed, not leased or sold. There is no transfer of legal ownership or interest; the license grants a limited priviledge to use our proprietary software code, but does not provide any exclusive possession or property right; and the license is revocable by us if you fail to observe the license terms or payment policies. Within taxing jurisdictions that treat a fixed-period software license as a lease, you may only purchase a perpetual license (with or without annual maintenance). Check with your tax authority before placing your order.

Late payment fees

Amounts not paid by the invoice due date will be subject to a late charge of one and one-half percent (1.5%) per month (eighteen percent (18%) per year) or the applicable legal maximum, whichever is less. Late charges are intended as reasonable estimates of the amounts necessary to compensate ASI for costs and losses associated with delays in payment, and not as a penalties.

Discounts for volume purchases and renewals

Full-function and read-only user accounts are always counted separately to determine the discount level for each. Changing the quantity of one won't affect the discount applied to the other.

For purposes of determining the discount level applied to a new purchase, both previously-purchased and new user accounts are included. The discount is applied to the new user accounts only; it's not applied retroactively to previous purchases.

For MSU/subscription renewals, the discount levels are applied to the total full-function and total read-only user accounts, regardless of when they were acquired.

For example, the discount levels applied to a license with 7 full-function user accounts and 25 read-only user accounts are, respectively, at 3+ full-function and at 10+ read-only (rather than at 30+ combined). If five full-function user accounts are later added, the discount level for these five is at the 10+ full-function level (7+5 ≥ 10); no previously-purchased user accounts' costs are adjusted. When renewing an annual subscription, the 10+ discount is applied to all 12 full-function user accounts without considering their original purchase date. Changes to the number of read-only user accounts wouldn't affect these full-function discount levels.

Renewing your perpetual MSU or subscription license

Subscriptions expire on the ending date specified by the license. Your software license type — perpetual or subscription — determines the license duration and expiration effect.

  • Perpetual license: Your renewal of annual maintenance, support and upgrades (MSU) ensures continued access to new software releases, application information, and technical support. If you choose not to renew your MSU, you'll still have access to the PDXpert system. However, you cannot apply software updates issued after the expiration date or receive technical support.
  • Subscription license: Access to your data stops after the subscription expires. For continued access to the PDXpert system, you must renew your subscription by the expiration date.

Your license renewal price is calculated using the quantity of user accounts specified in the current PDXpert Software License Key, multiplied by the currently-published rates and discounts for the license.

A new license key is issued when we receive your renewal payment. To help you avoid interruption in your service, we normally send a renewal reminder with proforma invoice about 35 days before your subscription's expiration date (you may request an earlier reminder). You have no obligation to pay this invoice, and you may let the subscription expire. If your purchase order number must appear on our invoice, promptly issue your PO so that our invoice can be updated with your PO number (this update does not change the payment due date).

Credit card renewal

You can authorize us to automatically renew your subscription using your credit card. About 30 days before your subscription expires, we'll send an invoice that confirms that payment will be made using the credit card on file. About one week prior to the subscription expiration date, this credit card will be charged. If the transaction is accepted, then we'll send the updated license key; if the transaction is declined, we'll inform you. You may cancel automatic renewal at any time.

Purchasing additional perpetual user accounts

If you have previously purchased a perpetual license, additional user accounts are discounted based on the new quantity of user accounts, which separately counts full-function and read-only user accounts.

For a perpetual license with a current MSU subscription, we will synchronize your new license's MSU expiration to the previous license's expiration date and invoice you the prorated MSU amount in addition to the new perpetual license. When the MSU is renewed the following year, the total of all user accounts (whenever acquired) determine the discount level.

For a perpetual license without a current MSU subscription, you can purchase additional user accounts provided that the new accounts are also purchased without MSU. Since all clients must be of the identical software release, your new license will be compatible only with your previous license's software release. If you simultaneously upgrade your older license, you can install the latest release for all users. Alternately, we'd be happy to calculate the cost of adding MSU for all user accounts.

Purchasing additional subscription user accounts

If you have previously purchased a subscription license, additional user accounts are discounted based on the new  quantity of user accounts, which separately counts full-function and read-only user accounts.

We synchronize your new license's expiration to the previous license's expiration date and invoice you the prorated amount.

Converting from a subscription to a perpetual license

You may convert an unexpired subscription license to a perpetual license, provided that the subscription has at least six months remaining before expiration. We apply the unused portion of your current subscription to your new perpetual license and MSU. Your existing subscription license includes all upgrades and support for the unexpired period, and therefore the new perpetual license must include an MSU subscription for the same period. An invoice is issued for the difference between the cost of old and new licenses. Any unused portion that exceeds what can be applied to the new license is not refundable.

Converting between full-function and read-only accounts

If you have a current MSU/subscription, you may convert one full-function (FF) user account into several read-only (RO) user accounts, or vice versa, at the same discount level.

Current user accounts are valued based on your license's current FF / RO discount levels.

  • Perpetual license: User accounts within the same discount range convert between one full-function and five read-only user accounts (1FF:5RO).
  • Subscription license: User accounts within the same discount range convert between one full-function and four read-only user accounts (1FF:4RO).

When converting user accounts across different FF/RO discount levels (e.g., converting a FF at 10+ level to RO at 30+ level), the number of converted user accounts and MSU may be adjusted, or the price difference will be invoiced. We do not provide refunds or credits as a result of a conversion.

The MSU/subscription expiration date will not be affected.

Conversions are subject to a US$100 service fee, and the original license key must be confirmed to us in writing that it's been deleted or destroyed.

Calculating the price of a perpetual license and MSU

Here's how we calculate your perpetual license price and annual MSU subscription.

We determine (a) your discounted perpetual price based on the number of user accounts you've chosen, and (b) if you've opted for MSU, add the MSU rate for that discount level. We then (c) multiply the result by the actual number of user accounts you've selected. (d) For the MSU expiration date, we increment the start date's year.

For example, suppose that you purchase a perpetual license for 12 users on April 10 and you choose to include annual maintenance, support and upgrades. We calculate the total cost (a) using the one-time price per user from the 10 user discount cell, (b) add the annual MSU cost per user, also from the 10-user discount cell, and then (c) multiply this result by the 12 user accounts. (d) Your MSU expiration date is April 10th next year.

Calculating the price of a subscription license

Here's how we calculate your subscription license cost and expiration.

We determine (a) your discounted price based on the number of user accounts and the commitment period. (b) We then take the monthly rate, multiply it by the number of months you've selected, and (c) multiply the result by the number of users you've selected. (d) For the full year, we increment the start date's year. For fractions of a year, we increment the start date's month.

For example, suppose that you choose to start a subscription for 12 users on April 10 and you want the subscription to run 6 months. We calculate the total cost (a) using the monthly price per user account from the 6 month/10 user cell, (b) multiply this cost per user by the 6 month discount period, and then (c) multiply this result by the 12 users. (d) Your expiration period is 6 months after April 10th, which is October 10th.

All subscriptions are paid in full at the beginning of the subscription period. Discounts are based on your revised user account commitment, which includes all of your currently-active accounts.

An established subscription cannot be reduced prior to its expiration, and the subscription fees are not refundable. However, you can renew a subscription at its expiration for a shorter period or for fewer users. You can take advantage of additional discounts by adding users and/or extending the subscription period while the subscription is active. You can also purchase a replacement perpetual license at the end of any subscription period.

Upgrading older perpetual licenses without MSU

If your perpetual license's MSU subscription has expired or you never subscribed to MSU, you may still be able to upgrade your users to the current release at a discounted price. Your current perpetual license registration displays a Subscription ends or Expiration date that determines the discount that can be applied to our current published price. Your license also specifies the number of user accounts that can be upgraded at that discount level.

Time after "Subscription ends" date within 1 year 1 to 2 years 2 to 3 years >3 years
Reduce perpetual license per-user price by 65% 40% 15% 0%

At the time you purchase an upgrade, you can also purchase a new MSU subscription at the published price to keep your software maintained, supported and upgraded for an entire year.

Multi-server environments

Each complete PDXpert system includes a license for the PDXpert Application Server software, which is bundled with your PDXpert client software at no additional cost.

Volume discounts are offered on a per-server/per-system basis that counts the number of user accounts attached to a licensed server. For companies with multiple systems (and server licenses), each system is treated separately for determining eligible volume discounts.

Moving user accounts between systems, or merging one license into another, is subject to a US$100 service fee, plus any proration required to synchronize the moved accounts with their assigned license's expiration. As a result of this move, the new user account discount level applicable to each license or all licenses may change. Although no discount adjustments are made for the current MSU/subscription period, subsequent renewals may have a different discount level.

Report development services

Unless otherwise agreed in writing, our process for custom programming ("Data Transformation") services is:

  1. You provide your Data Transformation original specifications in the form of

    • source of data as shown in the client user interface, such as part number, revision, BOM quantity, etc.
    • output header or label, and which element will be included in data sorting
    • data types (text, number, date, true/false, etc.) for each output element, and any data formatting required
    • data, or calculation details and expected results, for each output element
    • row content (filter) criteria, such as a selected item or all items, pending and/or released items, home and/or partner items, etc.
    • mock-up of the desired export data table layout or, if a report, the report layout details including (where desired) fonts, headers/footers, margins, etc.
    • where configuration, settings, data or calculations are complex, sufficient example data as CSV import files or using a copy of your database

    You may request our technical advice to ensure your specifications are complete, concise, correct, and within the capabilities of the system.

  2. Upon acceptance of your specifications, we'll quote the work as per-hour or, where possible, fixed price.
  3. If you accept our quote and direct us to proceed, we develop the computer code and return the new Data Transformation(s). We may ask for clarifications if our code development discovers ambiguities or inconsistencies in the original specifications. We can often agree to revisions in the original specifications, but such changes may affect our development effort; we'll advise you of impact to the project cost.

  4. Upon delivery of the new Data Transformation(s), you agree to promptly test the delivered code to ensure that it meets the original specifications. Any changes necessary to meet the original specifications (with any agreed revisions) must be requested within the Professional Services warranty period. Although we make reasonable efforts to develop efficient code, we do not guarantee performance due to query complexity, database content, SQL Server edition, hardware resources, user activity, network availability/reliability, and other factors not within our control.

Maintenance, support and upgrade scope

Our maintenance, support and update ("MSU") service is available as an option with perpetual licenses, and is included with all subscription licenses. MSU services are limited in duration and must be renewed periodically to maintain coverage.

The scope of MSU services:

  • Maintenance updates our software installers and code in response to third-party changes to the application requirements. The application requirements consist of current, fully-operational: Microsoft Windows, Windows Server and .NET; SQL Server versions and editions; security notices and service packs for Windows, SQL Server, .NET and Windows Search; and third-party components that we may provide with our software (e.g., OpenXML, Lucene, SQLite). You agree to maintain your computing environment in accordance with our published application requirements, which may change from time to time. We agree to make commercially reasonable efforts to respond to third-party changes to the application requirements in a timely manner.

  • Support provides web-based, telephone and email assistance covering application installation, configuration and operation in accordance with our product documentation. Web-based training can be provided to designated administrators and to end-user groups. You agree to provide us with such information that we deem necessary to fulfill our support obligations. We agree to make commercially reasonable efforts to promptly resolve product support requests.

  • Upgrades add new product features, improve performance and convenience, and correct reproducible deficiencies that materially affect normal operation. A reproducible deficiency is a inconsistency between the product's documented and observed operation; or an application-reported error message or log file entry; or, starting with our system requirements in their default configuration, the instructions needed to reproduce the problem. We agree to make commercially reasonable efforts to ensure that the software product and its documentation conform in all material respects to each other. We also agree to make commercially reasonable efforts to ensure that data contained in an earlier release can be upgraded to a new release at nominal cost.

Product changes

All product changes are incrementally and cumulatively added to our most recent published product, and not to earlier product releases. We will periodically announce, according to our standard policies, new product releases that we make available for download. The content and schedule of product changes are determined at our sole discretion. When we make a new product release available for download, you agree that the new product (a) becomes an integral part of the original product, and is subject to the terms of the PDXpert License & Warranty Agreement, and (b) fulfills our applicable maintenance, support and/or update obligations, regardless of whether you choose to use it.

Exclusions

MSU does not include: on-site visits; legacy data import services; designing, maintaining or updating a "data transformation", "view", "script", "application note" or other custom computer code or data specifically developed to meet your requirements or provided as an example; repair due to (a) application misuse or failure to follow practices described in our product documentation or as we advise you, (b) non-conformance of imported data, (c) using Microsoft Windows, SQL Server or other third-party products outside the manufacturer's supported hardware or recommended operating limits, or after its Mainstream Support has expired, or (d) data modification by software other than our own (e.g., integrations); any issue that the application does not report as an error and cannot be reliably reproduced on another computer; installation, configuration, maintenance, diagnostics or repair of third-party hardware or software, including Windows, .NET, and SQL Server; training third parties in our product's configuration or use; and other products or services that we have not specifically included. At our discretion, we may waive any of these limitations and exclusions on a case-by-case basis; in such case our assistance is merely advisory and without warranty, and does not constitute a future obligation.

Professional services

Separately contracted professional services are outside the scope of your MSU subscription. Unless otherwise agreed in writing: (1) programming code delivered as the result of contracted professional services is warranted to conform to the original contract specifications for 30 calendar days after delivery; (2) database import, migration, export, repair and maintenance activities are warranted for 10 calendar days after delivery; and (3) all other contracted professional services are deemed conforming at the time of service delivery.

Test and training server instances

Provided that you have a current paid MSU subscription for your "principal" license, upon your request we may provide a limited-time "sandbox" license for use with a separate PDXpert test or training instance. You agree that such sandbox license shall be used only for purposes of testing PDXpert configuration settings, development of database queries or scripts, and/or training users who have current user accounts under the principal license. The sandbox license, if provided, shall be valid only until the end of the current principal license's MSU subscription period, or upon termination of the principal license for any reason, or upon our notice to you. You agree that the sandbox license is subject to the same conditions and restrictions as the principal license and will be administered with the same duty of care, and in addition cannot be transferred to another entity.

Item sales numbers

If you are issuing a purchase order, you may refer to the following table to identify our product item numbers, or simply contact us for assistance.

  • nnn is the published user account discount level: 001, 003, 010, 030, 100, 300
  • pp is the available subscription period discount level: 06, 12, 24
  • MSU refers to the annual "maintenance, support and updates" subscription for perpetual licenses.
Duration Access Number Item description Unit price
Perpetual Full-function 100-nnn PDXpert perpetual full-function license
For example, 16 full-function user accounts is part #100-010 @ quantity 16.
Perpetual license & MSU calculator
Annual Full-function 150-nnn PDXpert maintenance-support-updates full-function 1 year
For example, 16 subscriptions is part #150-010 @ quantity 16. In most cases, your MSU discount level and quantity will be the same as your full-feature perpetual license.
Perpetual license & MSU calculator
Perpetual Read-only 200-nnn PDXpert perpetual read-only license
For example, 7 RO user accounts is part #200-003 @ quantity 7.
Perpetual license & MSU calculator
Annual Read-only 250-nnn PDXpert maintenance-support-updates read-only 1 year
For example, 7 RO subscriptions is part #250-003 @ quantity 7. In most cases, your MSU discount level and quantity will be the same as your read-only perpetual license.
Perpetual license & MSU calculator
Subscription Full-function 5pp-nnn PDXpert user-month full-function license/xx month rate
For example, a 12-month subscription for 46 user accounts is part #512-030 @ quantity 46.
Subscription license calculator
Subscription Read-only 6pp-nnn PDXpert user-month license/read-only
For example, 23 RO user accounts with period identical to your full-function subscription (say 12 months) is part #612-010 @ quantity 23.
Subscription license calculator

Special consideration for non-profit organizations

We may offer price discounts or in-kind donations to selected non-profit humanitarian technology organizations. These have the mission of developing technologies or products that (a) meet basic human needs; (b) expand employment opportunities for the disadvantaged; or (c) mitigate human impact on the environment. If you represent a US 501(c)(3) or comparable organization, contact us to learn more.

Transaction process and related documentation

In addition to the policies described on this page, all purchases are subject to the terms and conditions specified in our transaction documentation to the extent applicable to your specific purchase (e.g., a waiver for using the license with two servers). Pay particular attention to any terms or changes set forth therein. By paying an invoice, you accept any different or additional terms set forth therein.

Standard transactions

Our standard commercial transaction documentation is provided in electronic form:

  • At your request: a formal sales quotation [Adobe PDF].
  • At your request: a US IRS W-9 form [Adobe PDF].
  • Our acknowledgement of your order.
  • Our invoice for your purchase [Adobe PDF].
  • A license registration key file [email attachment]. This represents the product delivery.
  • At your request: ACH or wire transfer payment instructions.
  • Payment confirmation and, if not previously provided, a final license registration key.

We request sufficient information to service your account:

  • Purchase order or equivalent instructions issued by an authorized employee or agent.
  • List of authorized technical and business representative(s) who will receive our emails:

    • Technical contact(s) for software license keys, primary technical support, new release upgrade announcements, and similar product notices.
    • Purchase contact(s) for order confirmations and subscription renewal notices.
    • Accounting contact(s) for invoices and payment inquiries.

    We recommend that you provide at least two contacts (name, email address, phone).

  • Exemption certificate for tax-exempt organizations within Colorado.

Non-standard transactions

Before issuing your purchase order: You must identify non-standard requirements or procedures that affect:

  • Transaction documentation. Special transaction documents may include customs declarations; tax and regulatory forms; endorsed, stamped, printed, mailed and/or couriered copies of transaction documents; use authorizations; and licensing or other certificates.
  • Vendor qualification & relationship management. Special requirements may include environmental, employment or regulatory compliance certifications; RFPs and procurement documentation; legal contracts; financial information; or other information we must provide or actions we must perform prior to your order, or for subsequent transactions.
  • License key delivery. Any process that requires us to change our standard electronic delivery method or file format.
  • Invoice submission. Any process that requires us to change our standard electronic invoicing method or file format.
  • Payment processing. Any specific action or method that you require regarding how we receive, acknowledge or process your payment.

If accepted, non-standard requirements or procedures require additional processing service fees which we will quote, and which must be shown in your purchase order.

Order fulfillment

All orders for software and supporting documentation are fulfilled electronically. Delivery consists of (1) a software license registration key provided under the terms specified on this page, (2) any imported data or other contracted services, and (3) our invoice. We do not offer our products on physical media, and you will need an Internet connection to obtain your software.

If you have a subscription license or subscribe to MSU, you'll receive email notices of upgrade software availability. Upgrades are available for download from our website at your convenience, and you may skip any upgrade without affecting your ability to accept future upgrades to which you're entitled.

Order cancellation

You may increase, decrease or cancel a software license purchase without penalty at any time prior to our delivery of your first software license key. Upon our delivery of your first temporary license key, you have up to 30 days (or until we receive your payment, if earlier) to modify or cancel the transaction. After we receive your payment, and a paid final license key is issued, your software licenses and related maintenance, support and upgrade subscriptions cannot be canceled or refunded.

Should you wish to cancel previously-agreed professional services or customizations, you must notify us in writing (by fax, email, or regular mail). Upon receiving your cancellation, we agree to apply reasonable efforts to minimize the cost for winding up any in-process tasks. You will be invoiced for our actual time at standard or quoted rates (whichever is less), as well as for all travel, materials and other out-of-pocket expenses that we incur on your project.

Third party product testing/comparison requirements

If You are a vendor, distributor or service provider of any product that is functionally similar to or competes with the Program ("Similar Product"), or are acting on behalf of such entity, You agree to these benchmark testing terms:

  • You may not, without ASI's prior written consent, publish or disclose to any third party the results of any test of the Program ("Test Results"); and
  • Such publication or disclosure shall include or make readily available sufficient Program and Similar Products configuration information and test data for third parties to replicate the Test Results; and
  • If You publish or disclose the Test Results on the Program in violation of these testing terms, then notwithstanding anything to the contrary in the Similar Product's end user license agreement, and in addition to any other remedies ASI may have, ASI shall have the right (a) to acquire from You at no cost all Similar Product's software, documentation, test data and test procedures reasonably necessary to duplicate the Test Results, and (b) to perform benchmark testing on the Similar Product and to disclose and publish that benchmark information and You hereby represent that You have authority to grant such rights to ASI.

General information

We reserve the right to decline new orders if previous invoices remain unpaid; for non-compliance with our License Agreement or these policies; or for any other lawful reason. We will decline transactions with organizations that are subject to U.S. Government trade sanctions. Our declining any transaction does not waive your previously-incurred obligations.

All prices, discounts, renewal and conversion policies, terms and conditions are subject to periodic modification. Modifications will be published on this page when they become effective, without obligation to provide advance notice.

U.S. Government Terms

Use, duplication or disclosure by the United States Government (or any unit, agency or department thereof), is subject to the following provisions (or any applicable successor provisions) which, to the extent applicable, are incorporated by reference herein as if set forth in their entirety: (i) FAR 52.227.19(a) through (c); (ii) in the case of the Department of Defense, DFAR 227.7202.1 through 227.7202-4; (iii) in the case of NASA, the NASA Supplement to the FAR at 18-52.227-86(d); and (iv) all other Federal laws and regulations that protect Licensor's rights in privately developed software.

Notes

  1. To assist your calculation of the correct number of licensed named user accounts, please request our free Assessment and Compliance Toolkit.
  2. Upon request, we can provide a separate license key for development and training purposes, renewable for each paid subscription period.
  3. See Colorado Revised Statutes, 39-26-102(15)(c)(I)(C) and the Colorado Department of Revenue, Taxpayer Service Division, bulletin Sales 89 (March 2012): Non-taxable software is that which is "transferred by remote telecommunications to the purchaser's computer, where the purchaser does not obtain possession of any tangible medium in the transaction."
  4. The policies on this web page were last reviewed on 23 August 2018.
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