PLMX product data exchange format

The standards-based file format for
product lifecycle management exchange

 

 

PLMX License Agreement

The following agreement applies to all PLMX Partnership specifications:

AGREEMENT OF USE

COPYRIGHT RESTRICTIONS

The PLMX Specifications are copyright © by Active Sensing, Inc. ("ASI") and are licensed to the PLMX Partnership.

Any unauthorized use of the PLMX Specification may violate copyright laws, trademark laws, and other government regulations and statutes. The PLMX Specifications contain information which is protected by copyright. All Rights Reserved. No part of the PLMX work covered by copyright may be reproduced or used in any form or by any means--graphic, electronic, or mechanical, including photocopying, recording, taping, or information storage and retrieval systems--without permission of the copyright owner.

PLMX Partnership members and non-members are prohibited from copying and redistributing the PLMX specification. All copies must be obtained directly from the PLMX Partnership web site:

http://www.plmx.org

PATENTS

Adopters must accept the possibility that compliance with or adoption of PLMX specifications may require use of an invention covered by patent rights. The PLMX Partnership shall not be responsible for identifying patents for which a license may be required by any PLMX specification, or for conducting legal inquiries into the legal validity or scope of those patents that are brought to its attention. PLMX specifications are prospective and advisory only. Prospective users are responsible for protecting themselves against liability for infringement of patents.

Active Sensing, Inc. agrees that it shall not assert patent rights for any intellectual property that it has contributed to the PLMX Partnership.

WARRANTY AND LIABILITY DISCLAIMERS

WHILE THE PUBLICATIONS DESCRIBING PLMX SPECIFICATIONS ARE BELIEVED TO BE ACCURATE, THEY ARE PROVIDED "AS IS" AND MAY CONTAIN ERRORS OR MISPRINTS. ACTIVE SENSING, INC. AND THE PLMX PARTNERSHIP MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH REGARD TO THIS PUBLICATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE OR OWNERSHIP, IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT SHALL ACTIVE SENSING, INC. OR THE PLMX PARTNERSHIP BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE OR COVER DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY ANY USER OR ANY THIRD PARTY IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE OF THIS MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The entire risk as to the quality and performance of software developed using this specification is borne by the user.

RESTRICTED RIGHTS LEGEND

The PLMX Specifications are provided with Restricted Rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (a) this Agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (c) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor / manufacturer is Active Sensing, Inc., PO Box 1236, Castle Rock, CO  80104-1236 US

COMPLIANCE

The PLMX Partnership shall at all times be the sole entity that may authorize developers, suppliers and sellers of hardware and software to use certification marks, trademarks or other special designations to indicate compliance with the PLMX Materials. Products developed using the PLM specifications may claim compliance or conformance with this specification if and only if the software satisfactorily meets the certification requirements set by the PLMX Partnership. Products that do not meet these requirements may claim only that the product was based on the PLMX specification and must not claim compliance or conformance with the PLMX specification.

TRADEMARKS

The PLMX™ name and logo are trademarks of Active Sensing, Inc. for its product lifecycle management exchange file format, and are licensed to the PLMX partnership.

PDXpert® is a registered trademark of Active Sensing, Inc.

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

GENERAL PROVISIONS

Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby.

This Agreement shall be governed by and construed under the laws of the State of Colorado, excluding its choice or law rules.

This Agreement embodies the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement (oral or written) relating to, this specification.

ISSUE REPORTING

The PLMX Partnership strives to maintain the highest quality standards for its published specifications, hence they are subject to review and refinement. Readers are encouraged to report any issues via the contact information contained on the PLMX.org website.

The following agreement applies to all other materials:

NON-EXCLUSIVE LICENSE AGREEMENT

The PLMX specifications established by the PLMX Partnership define standard methods and properties for exchanging product information between computer product lifecycle management (PLM), computer-aided design (CAD), enterprise resource planning (ERP), customer relationship management (CRM), supply chain management (SCM) and other systems. The PLMX Partnership distributes specifications, prototype software examples and related documentation (collectively, the "PLMX Materials") in order to facilitate the development of PLMX compliant applications.

The PLMX Partnership will grant to you (the "User"), whether an individual or legal entity, a license to use, and provide User with a copy of, the PLMX Materials so long as User abides by the terms contained in this Non-Exclusive License Agreement ("Agreement"). If User does not agree to the terms and conditions contained in this Agreement, the PLMX Materials may not be used, and all copies (in all formats) of such materials in Userís possession must either be destroyed or returned to the PLMX Partnership. By using the PLMX Materials, User (including any employees and agents of User) agrees to be bound by the terms of this Agreement.

All PLMX Materials, unless explicitly designated otherwise, are only available to currently registered members of the PLMX Partnership (an "Active Member"). If the User is not an employee or agent of an Active Member then the User is prohibited from using the PLMX Materials and all copies (in all formats) of such materials in Userís possession must either be destroyed or returned to the PLMX Partnership.

LICENSE GRANT

Subject to the terms and conditions of this Agreement, the PLMX Partnership hereby grants to User a non-exclusive, royalty-free, limited license to use, copy, display and distribute the PLMX Materials in order to make, use, sell or otherwise distribute any products and/or product literature that are compliant with the standards included in the PLMX Materials. User may not distribute PLMX Materials outside of the Active Member organization to which User belongs unless the PLMX Partnership has explicitly designated the PLMX Material for public use.

All copies of the PLMX Materials made and/or distributed by User must include all copyright and other proprietary rights notices included on or in the copy of such materials provided to User by the PLMX Partnership.

The PLMX Partnership shall retain all right, title and interest (including, without limitation, the copyrights) in the PLMX Materials, subject to the limited license granted to User under this Agreement.

The following additional restrictions apply to all PLMX Materials that are software source code, libraries or executables:

1) User is requested to acknowledge the use of the PLMX Materials and provide a link to the PLMX Partnership home page www.plmx.org from the About box of the Userís or Active Memberís application(s).

2) User may include the source code, modified source code, built binaries or modified built binaries within Userís own applications for either personal or commercial use. However, the source code, modified source code, built binaries or modified built binaries cannot be sold as is, either individually or together.

In other words, User may use PLMX Partnership software to enhance the Userís applications and to ensure compliance with the various PLMX specifications. User is prohibited from gaining commercially from reselling the PLMX specifications or software.

PUBLIC USE DECLARATION

The public is granted non-exclusive, royalty-free, limited license to download, use and redistribute the PLMX specifications (the PLMX Partnership retains ownership and full copyright).

WARRANTY AND LIABILITY DISCLAIMERS

User acknowledges that the PLMX Partnership has provided the PLMX Materials for informational purposes only in order to help User understand the relevant PLMX specifications. THE PLMX MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USER BEARS ALL RISK RELATING TO QUALITY, DESIGN, USE AND PERFORMANCE OF THE PLMX MATERIALS. The PLMX Partnership does not warrant that the PLMX Materials, their design or their use will meet Userís requirements, operate without interruption or be error free.

IN NO EVENT SHALL THE PLMX PARTNERSHIP, ACTIVE SENISNG, INC., OR ANY THIRD PARTY BE LIABLE FOR ANY COSTS, EXPENSES, LOSSES, DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES) OR INJURIES INCURRED BY USER OR ANY THIRD PARTY AS A RESULT OF THIS AGREEMENT OR ANY USE OF THE PLMX MATERIALS.

GENERAL PROVISIONS

This Agreement and Userís license to the PLMX Materials shall be terminated (a) by User ceasing all use of the PLMX Materials, (b) by User obtaining a superseding version of the PLMX Materials, or (c) by the PLMX Partnership, at its sole option, if User commits a material breach hereof. Upon any termination of this Agreement, User shall immediately cease all use of the PLMX Materials, destroy all copies thereof then in its possession and take such other actions as the PLMX Partnership may reasonably request to ensure that no copies of the PLMX Materials licensed under this Agreement remain in its possession.

User shall not export or re-export the PLMX Materials or any product produced directly by the use thereof to any person or destination that is not authorized to receive them under the export control laws and regulations of the United States.

The Software and Documentation are provided with Restricted Rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (a) this Agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (c) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor/ manufacturer is Active Sensing, Inc., PO Box 1236, Castle Rock, CO  80104-1236 US.

Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby.

This Agreement shall be governed by and construed under the laws of the State of Colorado, excluding its choice or law rules.

This Agreement embodies the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement (oral or written) relating to, the PLMX Materials.

071710.1455