Porter Valley Software Inc

Porter Valley Software Terms & Conditions of Use.

Installation and use of InspectVue Software implies consent to the following Terms & Conditions.

Upon your consent, Porter Valley Software grants you a limited license to use the Software, provided that you adhere to the following terms and conditions:

  1. DEFINITIONS: "Porter Valley Software Inc." means Porter Valley Software Incorporated, a California corporation, conducting business at 11260 Wilbur Avenue, Suite 102, in Northridge, California 91326. “You” refers to the Purchaser, or End User,” of the software program. "Software" means the entire contents of the files, disk(s), CD-ROM(S) or other downloadable media under the terms of the Agreement, including but not limited to: the copyrighted narratives; third party information or software; digital images; stock photographs; clip art, or other graphic or artistic material; any related written explanatory material or files; and all modifications to the software provided by Porter valley Software, such as any and all subsequent upgrades or additions to the program.
  2. LIMITED LICENSE: You are entitled to install the software on one hard disk per license, or on any other storage device, for the purpose of which the program is intended, and for the purposes of networking and making back-up copies. Distribution outside such a network, for purposes of profit or otherwise, is strictly prohibited.
  3. OWNERSHIP AND COPYRIGHT LIMTATIONS: The software program and any copies that you may have been authorized to make, are the sole property of Porter Valley Software, Inc., including the structure, organization, and code of the program, which are valuable, confidential, and copyrighted trade secrets. The Software program is protected by copyright, including without limitation by United States copyright law, international treaty provisions, and applicable laws in the country in which it is being used. You may use trademarks only insofar as may be necessary to identify printed output produced by the Software, all in accordance with accepted trademark practices, including identification of trademark owner's name. Such use of a trademark does not give you any rights of ownership in the trademark. Similarly, except as stated above, this Agreement does not grant you any property rights to the Software or to the information contained therein.
  4. LIABILITY: All of Porter Valley Software, Inc. products and website are protected by intellectual property copyright law. Unauthorized use, reproduction, or distribution of our software, or any portion of it, is unlawful. Any and all products generated by the User/Owner of InspectVue software; such as reports, libraries or contracts, become the intellectual property and responsibility of the User/Owner of the Software. The User/Owner of the software assumes all responsibility for the content of any and all material generated by the software. This includes, but is not limited to documents, reports, libraries, contracts, Standards of Practice, and Leave Behind Letters, etc… In no way are Porter Valley Software, Inc. and its parent company Environmental Service Professionals, Inc. responsible for said content or lack thereof, even if additional or missing content is determined to have resulted from faulty software. Therefor it is recommended that the User/Owner thoroughly read and approve all generated material prior to dissemination.
  5. RESTRICTIONS: You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except to the extent that You may be permitted to decompile under applicable law when it is essential for You to do so in order for You to use the program in conjunction with another software application. However, you may not undertake this without the express permission of Porter Valley Software, which has the right to impose reasonable conditions and request a reasonable fee. Regardless, this right may only be exercised by you, and may not be disclosed to any third party, or be used to create any software that is substantially similar to the expression of the Software program. Requests for permission or further information should be directed to Porter Valley Software’s offices, or through the website at www.pvsoftware.com.
  6. NON-TRANSFERABLE: The End User license agreement is non-transferable, which means that the software cannot be used by anyone other than you, the end user, or resold to any other individual or entity without the written consent of Porter Valley Software, Inc.
  7. LIMITED WARRANTY: Porter Valley Software warrants the software program to be free from errors or substantial defects, for a period of thirty days. However, if you should discover an error or defect in the CDROM that substantially affects your use of the program; you may call Porter Valley Software toll-free at (800) 388-4541, and request a replacement CDROM, which would be warranted for the same warranty period as the original, or for thirty days. Nevertheless, Porter Valley Software, Inc. has no control and makes no warranty as to the results that you may obtain through its use, and specifically cautions you against using any of the information or narrative content that has not been edited or altered by you to represent your opinion, or to conform to local, regional, or national standards. Therefore, Porter Valley Software, Inc. will not be liable to you for any alleged claims, damages, lost profits, or lost savings, whether direct or indirect, or entailed through a third party action. The foregoing limitations and exclusions apply to the extent permitted by applicable laws in the State of California, or those in force in your jurisdiction.
  8. TECHNICAL SUPPORT: Technical support is available weekdays between the hours of 9am and 5pm Pacific Standard Time. Please allow for any time difference, and call toll-free at (877) 810-5635. Technical support is also available via email at support@pvsoftware.com.
  9. EXPORT LAWS: You agree that the Software will not be shipped, transferred or exported into any country, or used in any manner, prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen of, or otherwise located within, a "nation of concern" (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an officer of Porter Valley Software, Inc.
  10. GENERAL: This is the entire agreement relating to the software between Porter Valley Software, Inc., and you, and takes precedence over any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
  11. GOVERNING LAWS AND ARBITRATION: This agreement and any resultant arbitration shall be governed by the laws of the State of California, USA., excluding (a) its conflict with laws or legal principles; (b) the United Nations Convention on Contracts for the International Sale of Goods; (c) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (d) the Protocol amending the 1974 Convention that was undertaken at Vienna on April 11th, 1980. Any dispute, claim, or controversy arising out of or in any way relating to this Agreement shall be resolved by binding arbitration under the direction of three arbitrators, one chosen by Porter Valley Software, Inc., with a second chosen by you, and third nominated by mutual agreement between the first two arbitrators, or by the President of the American Arbitration Association. Furthermore, the arbitration shall be conducted in Los Angeles, California, USA, where the decision of the arbitrators shall be binding upon both parties including, as the arbitrators determine, the payment of attorneys fees and other reasonably related expenses of the prevailing party, whereupon the judgment shall be entered in any court of competent jurisdiction. However, notwithstanding contrary contained in this paragraph, Porter valley Software reserves the right to institute judicial proceeding against you, or any persons representing you, in order to enforce Porter Valley Software’s rights under the terms of this Agreement.
  12. NOTICE TO U.S. GOVERNMENT END USERS: The Software program and the documentation contained therein are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. For U.S. Government End Users, Porter Valley Software, Inc. agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement. Porter Valley Software’s programs. InspectVue Residential, InspectVue Mobile, InspectVue, and InspectVue FIRE are either registered trademarks or trademarks of Porter Valley Software, Inc. in the United States. Unpublished-rights reserved under the copyright laws of the United States, Porter Valley Software, Inc., 11260 Wilbur Avenue, Suite 102, Northridge, California. 91326. If you have questions, please feel free to give us a call at (877) 810-5635.