Profile Viewing and Analysis (ProVAL) License Agreement and Terms of Use
License Agreement
ProVAL (hereinafter the “SOFTWARE”) is protected by Title 17 United States Code, Copyrights. The Transtec Group, Inc., 6111 Balcones Drive, Austin, TX, 78731, (hereinafter “TRANSTEC”) and the Federal Highway Administration (hereinafter “FHWA”) grant you (hereinafter the “USER”) a nonexclusive, nontransferable license to use the program, and any accompanying documentation (collectively referred to hereafter as the “SOFTWARE”) in accordance with the terms and conditions of this License Agreement and Terms of Use.
The USER shall not copy or redistribute the SOFTWARE (or any part thereof) for any reason without the prior written permission of TRANSTEC.
TRANSTEC and FHWA provide the SOFTWARE “as is” and “with all faults” without any express or implied warranties whatsoever. Because of the diversity of hardware and software configurations under which this SOFTWARE may be installed and used, no warranty of merchantability, performance or fitness for a particular purpose is offered. The USER shall test the software thoroughly before relying on it. The USER assumes the entire risk of using the software.
TRANSTEC, FHWA, and its affiliates and agents shall not be liable for any damages whatsoever (including but not limited to loss of money) resulting from use of this SOFTWARE.
Terms of Use
End USER License Agreement
By installing or using the SOFTWARE, you (the USER) indicate your complete and unconditional acceptance of these terms and conditions. If you (the USER) do not agree to the terms and conditions of this agreement promptly remove the SOFTWARE from your computer and destroy associated documentation.
Should there be any conflict between the terms and conditions of this agreement and the terms and conditions of any other agreement between you (the USER) and TRANSTEC or their agents in relation to the SOFTWARE, the terms and conditions of this agreement shall apply.
If any provision of this agreement is found to be unlawful or void then that provision shall be severed from this agreement and will not affect the validity of the remaining provisions.
Information contained in the SOFTWARE is subject to change without notice and does not represent a commitment or contracted obligation on the part of TRANSTEC.
This License Agreement (including the SOFTWARE) is not transferable. You (the USER) may not lend, loan, lease, rent, sell, or distribute the SOFTWARE (or copies) in any form.
Limitations of Use
You (the USER) are expressly forbidden from making alterations or modifications to, merge, adapt, de-compile, disassemble, reverse engineer, or attempt to discover the source code without the expressed written permission from TRANSTEC.
Limitations of Liability
Under no circumstances, including, but not limited to, negligence, shall TRANSTEC, or its affiliates and agents be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the SOFTWARE. You (the USER) release TRANSTEC and its affiliates and agents from any damages that you incur, and agree not to assert any claims against them, arising from your use of the SOFTWARE.
Disclaimer
TRANSTEC may have provided links and pointers to Internet sites maintained by third parties. Neither TRANSTEC nor its affiliates and agents operate or control in any respect any information, products or services on these third-party sites. The materials in this SOFTWARE and any third-party sites are provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, TRANSTEC disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TRANSTEC does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected.