PDXplorer 4.x Software License, Warranty & Legal Notices

This is for PDXplorer 4.x only, which is obsolete. For recent PDXplorer releases, refer to the software license displayed in the related installer file as well as shown on our website.

The PDXplorer 4 software contains proprietary information of HX3 Solutions, 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 RETURN THE SOFTWARE AND USER DOCUMENTATION IN SALEABLE CONDITION WITHIN 15 DAYS OF ACQUISITION. ANY LICENSE COSTS THAT YOU HAVE PAID TO US WILL BE REFUNDED.

License

HX3 Solutions, Inc. ("HX3") provides you with a PDXplorer computer program including associated configuration and user preferences files (the "Program"), this software license (the "License"), and user installation and operation instructions (the "Instructions"). These together are the "Product".

HX3 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 HX3. 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.
The user instructions describe permitted modifications to specified program configuration and user preferences files ("the XML files"). Beyond these particular operations on the XML files, 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.
You may not separate the Product's component parts for independent use. You may not use a version or an upgrade of this Product independently from the original version supplied to you. All versions and upgrades that you acquire become an integral part of the original Product, and are subject to the terms of this License.

Warranty

During the following specified warranty period, HX3 warrants the physical media and documentation supplied by HX3 to be free of defects in materials and workmanship, and that the Program will substantially conform to the documentation accompanying the Program:

If you have paid for a license, the warranty period shall be the greater of thirty days or for the period of time for which you have purchased maintenance, support and upgrade services; or
If you have not paid for a license, the Program is provided without warranty.

If HX3 is notified within the warranty period of a defect, at its sole option HX3 will (A) replace the software, media or documentation; or (B) will refund the license price paid by user. Any action undertaken by HX3 does not extend the warranty period or expand HX3's obligations under this warranty. If a refund is provided, the license is thereby terminated and you shall immediately cease use of the Product.

Limitations of Warranties and Liability

The above warranty is in lieu of all other warranties, whether written, expressed, or implied. HX3 specifically excludes all implied warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HX3 shall not be liable with respect to the Product or otherwise for special, incidental, consequential, punitive, or exemplary damages even if advised 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$100, whichever is greater. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the preceding limitation may not apply to you.

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 HX3 Solutions, 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

Trademarks

PDXplorer™ is a trademark and PDXpert® is a registered trademark of HX3 Solutions, Inc.

Microsoft and Windows are trademarks of Microsoft Corporation.

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

User Guide & Website

Information in the User Guide is subject to change without notice and does not represent a commitment on the part of HX3 Solutions, Inc. Companies, names, and data used in examples are fictitious unless otherwise noted.

The User Guide may be reproduced by, and for the exclusive personal use of, licensed PDXplorer users. All other reproduction, transmission, translation, storage, or retrieval is expressly prohibited.