Terms and Conditions


IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

This web site (the “Site”) is operated and owned by PiXCL Automation Technologies Inc. (“PiXCL”). The information, documents, software, services and products (the “Materials”) available on this site are subject to the terms and conditions set forth below (the “Terms of Use”). By accessing or using this Site and the Materials, you agree to accept the Terms of Use, including all disclaimers, exclusions of warranties and all limitations of liability. If you do not accept and agree to be bound by the Terms of Use, do not access or use this Site or the Materials. PiXCL reserves the right to revise the Terms of Use at any time by updating this posting. You should visit this page periodically to review the current Terms of Use.

  1. SITE CONTENT

A.1 Use of Materials. This Site is intended for the use of persons seeking information and resources on PiXCL products and services. The Materials contained on this Site may only be used in association with PiXCL software products and all use is subject to the license terms associated with those products. PiXCL hereby grants you a limited license to view and download a single copy of the Materials accessible by you on this Site solely for your personal, non-commercial use. Access to certain parts of this Site may be made conditional on your acceptance of additional terms and conditions specific to the transaction you wish to complete or the parts of the Site you wish to access. These terms and conditions are in addition to, and are incorporated by reference into, these Terms of Use.

A.2 Copyright and Restrictions. The contents of this Site are protected by copyright under both Canadian and foreign laws. Unauthorized use of any content may violate copyright, trade-mark, and other laws. You must retain all copyright and other proprietary notices contained in the original content on any copy of the content you make. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content, or any part thereof, for any public or commercial purpose. Use of content obtained from this Site on any other web site for any purpose is prohibited. If you violate any of these restrictions, your permission to use the contents of this Site automatically terminates and you must immediately destroy any copies you have made.

A.3 Trademarks. PiXCL, PiXCLscript, geoPiXCL, PiXCLe, PiXCLrt and Decaf are trademarks or registered trademarks of PiXCL Automation Technologies Inc. Any other trademarks appearing on the Site belong to their respective owners.

Nothing contained on this Site should be construed as granting any license or right to use any trademark, logo or design displayed on this Site without the express written permission of PiXCL or the respective owner.

A.4 Third Party Submissions. By submitting content to this Site, the user warrants that he has the full right and authority to submit such content and that none of the content submitted is subject to any copyright or other proprietary right of a third party. Content submitted by users are not reflective of the views and opinions of PiXCL or its licensors, licensees or any of their respective officers, directors, employees or agents. PiXCL may, in its sole discretion, remove any content from the Site at any time.

A.5 Linked Sites. This Site may contain links to external sites and electronic mail links. These links are provided solely as a convenience to you. Parties other than PiXCL independently develop the external sites and PiXCL assumes no responsibility for the accuracy or appropriateness of the information on such external sites. The inclusion of any link to an external site or reference to a third party or its products or services on the linked site should not be construed as an endorsement by PiXCL of that party or its products or services. If you decide to access any linked site, you do so entirely at your own risk.

 

 

  1. DISCLAIMER.

THE INFORMATION, MATERIALS AND SERVICES MADE AVAILABLE ON THIS SITE MAY BE CHANGED AT ANY TIME WITHOUT NOTICE. PiXCL USES REASONABLE EFFORTS TO ENSURE THERE IS UP-TO-DATE AND ACCURATE INFORMATION ON THE SITE, BUT PiXCL CANNOT GUARANTEE THE ACCURACY OF THE CONTENT IT POSTS TO THE SITE. IN ADDITION, THIS SITE CONTAINS MATERIAL SUBMITTED BY OTHER USERS. PiXCL IS NOT RESPONSIBLE FOR AND DOES NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY MATERIAL SUBMITTED BY OTHER USERS. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE TRUTH AND ACCURACY OF ALL INFORMATION YOU OBTAIN FROM THE SITE. RELIANCE ON ANY CONTENT POSTED ON THE SITE WILL BE AT YOUR OWN RISK. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS OF THE SITE.

  1. LIMITED WARRANTY AND NO PiXCL LIABILITY

C.1 EXCLUSION OF WARRANTIES. UNLESS OTHERWISE EXPRESSLY SPECIFIED, THIS SITE, AND THE MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. PiXCL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PiXCL DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER, SUPPLIER OR MERCHANT OF ANY INFORMATION, PRODUCTS OR SERVICES. PiXCL DOES NOT WARRANT THAT THE INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. NO REPRESENTATIONS OR WARRANTIES ARE MADE CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE INFORMATION, MATERIALS OR SERVICES MADE AVAILABLE ON THIS SITE BY PiXCL. PiXCL DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THIS SITE OR ANY SITES LINKED TO THIS SITE WILL BE UNINTERRUPTED, THAT THIS SITE WILL OPERATE ERROR-FREE, OR THAT THIS SITE OR THE MATERIALS OR PRODUCTS OR SERVICES AVAILABLE HEREIN ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE OR ANY PORTION THEREOF MAY BE UNAVAILABLE AT ANY TIME.

 

C.2 LIMITATION OF LIABILITY .

ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. UNLESS OTHERWISE EXPRESSLY SPECIFIED, PiXCL, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONSEQUENCES FLOWING, DIRECTLY OR INDIRECTLY, THEREFROM. THE FOREGOING LIMITATION SHALL APPLY EVEN IF PiXCL HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT WILL THE AGGREGATE LIABILITY OF PiXCL AND ITS REPRESENTATIVES FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL FEES YOU HAVE PAID TO PiXCL FOR USE OF THIS SITE OR $10.00, WHICHEVER IS GREATER. PiXCL’ AND ITS REPRESENTATIVES’ LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL OF PiXCL’ AND ITS REPRESENTATIVES’ PAYMENTS IN SATISFACTION OF THEIR LIABILITIES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THIS SECTION WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  1. Software Licenses.

All PiXCL software that is made available for downloading from this Site is protected by copyright and may be protected by other rights. Your downloading and use of any such software is made conditional on your agreement to be bound by the terms of the software license agreement accompanying such software.

 

  1. Indemnity.

You agree to indemnify PiXCL and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of these Terms of Use or any additional terms; (b) your access to or use of this Site or any web site to which this Site is or may be linked from time to time; or (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Site.

  1. GENERAL INFORMATION

F.1 Confidential Information. Unless otherwise specified, all information sent to the Site will, when received, be treated by PiXCL as non-confidential information. By sending PiXCL non-confidential information, you grant PiXCL a royalty free, perpetual, unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, publish, modify, transmit and distribute the non-confidential information alone or as part of other works in any form, medium or technology, whether now known or hereafter developed, and to sub-license such rights to PiXCL’s licensees.

F.2 Security. The Internet is not a secure medium and privacy during transmission cannot be guaranteed. Internet e-mail and web sites are vulnerable to interception, forging and unauthorized access. Information sent or received over the Internet is generally not secure and PiXCL cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal, financial or other information. PiXCL will not be responsible for any damages you may suffer as a result of or in connection with the transmission of any information from or to this Site. Should you decide to transmit information using the Site, you do so at your own risk.

F.3 Export Control. You acknowledge and agree that Software or other materials obtained on the Site may be subject to Canadian and foreign export laws and regulations. You will not export or re-export, directly or indirectly, the Software or information pertaining thereto to any country for which any government or any agency thereof requires an export license or governmental approval at the time of export or re-export without first obtaining such license or approval.

F.4 General. These Terms of Use shall be governed by the laws in force in the Province of Quebec, Canada without regard to the conflict of laws provisions therein. You irrevocably submit to the non-exclusive jurisdiction of the courts located in the Province of Quebec. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. The parties hereto are independent contractors. These Terms of Use and any additional terms are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any written agreements with PiXCL that expressly reference these Terms of Use, this is the entire agreement between you and PiXCL relating to the matters contained herein and shall not be modified except in writing by PiXCL.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

Licenses:

PiXCL Evaluation, Non-Commercial and Academic End User License Agreement

Non-Commercial Developers

Non-Commercial Developers are allowed to do just about anything with their licensed copies of the PiXCL Code Studio and related software and/or hardware, provided they are used for personal use and not for a commercial undertaking. If your goal is to make money by using PiXCL software and/or hardware, then please look at the PiXCL Commercial Software License .

Emphasizing non-commercial, as a Non-Commercial Developer you can:

  • use any PiXCL software for personal activities or for experimentation or self-training purposes, including: to extend hardware or peripheral support for the RTOS or PiXCLe, to develop new applications for or porting existing applications to the RTOS or PiXCLe, and to demonstrate your PiXCL software based system to others, provided that you do not leave copies with those who are not already licensed by PiXCL to use that software;
  • use the Software to work with other licensed PiXCL developers to facilitate teamwork in not-for-profit academic development labs or in non-commercial group projects; and
  • distribute what you create using the PiXCL Code Studio, including derivative works of PiXCL and PiXCLe components, to other licensed PiXCL developers, free of charge.

Academic Faculty

Academic Faculty licenses are available to faculty members at not-for-profit accredited educational institutions to teach classroom or lab courses at those institutions. As an Academic Faculty licensee you are allowed to install the PiXCL Code Studio and related binaries and data files on multiple development seats and can enable any student to use them, provided they have agreed to use the PiXCL Code Studio as a Non-Commercial Developer (e.g., by ensuring they each have their own no-charge license).

Commercial Developers

If you engage in any activity intended to make money with PiXCL products, you require a PiXCL
Commercial Software License
.