Pathfinder Portal End-­User License Agreement

Last updated: 2019-05-12

Please read this End­-User License Agreement (the "Agreement") carefully before clicking the "I Agree" button, registering or logging in to the Pathfinder Portal (the "Application").

By clicking the "I Agree" button, registering or using the Application, you (the "Licensee") are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not register or use the Application.

License

Badlands Software LLC (the "Vendor") grants you a revocable, non­exclusive, non­transferable, limited license to register, login and use the Application solely for your purposes strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and you will not permit others to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Application nor permit the whole or any part of the Application to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Application or attempt to do any such things
  • Reproduce, copy, distribute, resell or otherwise use the Application for any commercial purpose
  • Allow any third party to use the Application on behalf of or for the benefit of any third party
  • Use the Application in any way which breaches any applicable local, national or international law
  • Use the Application for any purpose that the Vendor considers is a breach of this EULA agreement

Modifications to Application

Badlands Software LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Limitation of Liability

The Application is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of $100.00. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Application.

The Vendor makes no warranty expressed or implied regarding the fitness of the Application for a particular purpose or that the Application will be suitable or appropriate for the specific requirements of the Licensee.

In the event that data presented in the Application differs from data on file with Pathfinder Inspections and Field Services the data on file with Pathfinder Inspections and Field Services shall be considered the system of record.

The Vendor does not warrant that use of the Application will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

The Application is designed, developed, and tested using the Google Chrome browser. The Application is intended to be accessed only through the Google Chrome browser. No warranty expressed or implied exists claiming that the Application will work appropriately when accessed from any other web browser.

Warrants and Representations

The Vendor warrants and represents that it is the copyright holder of the Application. The Vendor warrants and represents that granting the license to use this Application is not in violation of any other agreement, copyright or applicable statute.

Compensation

The Vendor provides the license to the Licensee so long as the Licensee meets their contractual compensation requirements with Pathfinder Inspections and Field Services. Compensation shall be negotiated with Pathfinder Inspections and Field Services and not complying with this agreement is grounds to have this license revoked.

Term and Termination

This Agreement shall remain in effect until terminated by you or the Vendor. You may terminate it at any time upon emailing notice to the Vendor.

The Vendor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Vendor, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by requesting to have your account removed from the Application.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.