Corporate Disclaimer

Disclaimer

Copyright and Trademark Notices

All contents of the MetroCount® Web Site are: Microcom Proprietary Limited trading As MetroCount® Copyright © 1999-2009 All rights reserved and/or its suppliers. All rights reserved.

Microcom®, Metro-Count® , MetroCount®, Traffic Executive®, MetriCount® MetroCount Traffic Executive® , 5600®, 5800®, MCReport®, Intelligent Transport® and Intelligent Transport Data® are registered Trademarks of MetroCount® in Australia and/or MetroCount® USA Inc. in the United States and MetroCount® (UK) Ltd which is a registered EU company trading as MetroCount®.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

At Microcom Pty Ltd, we have a policy of continually refining our products. We therefore reserve the right to change product specifications without notice. We have tried to make this web site as comprehensive and factual as possible, however since the time of authoring we may have updated some of the information. No Microcom dealer or other person is authorised or permitted to give or make any statement, assertion or undertaking on any of the subjects in this web site or made by Microcom Pty Ltd, and we accept no liability for any such unauthorised action. MetroCount products and services are not offered under the designation “MetroCount” in Germany.

Website Terms of Use

AGREEMENT BETWEEN USER AND MetroCount®

The MetroCount® Web Site comprises various Web pages operated by MetroCount®.

The MetroCount® Web Site is offered to you subject to your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MetroCount® Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

MetroCount® reserves the right to change the terms, conditions, and notices under which the MetroCount® Web Site is offered, including but not limited to the charges associated with the use of the MetroCount® Web Site.

LINKS TO THIRD PARTY SITES

The MetroCount® Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of MetroCount® and MetroCount® is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MetroCount® is not responsible for webcasting or any other form of transmission received from any Linked Site. MetroCount® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MetroCount® of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MetroCount® Web Site, you warrant to MetroCount® that you will not use the MetroCount® Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MetroCount® Web Site in any manner which could damage, disable, overburden, or impair the MetroCount® Web Site or interfere with any other party’s use and enjoyment of the MetroCount® Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MetroCount® Web Sites.

USE OF COMMUNICATION SERVICES

The MetroCount® Web Site may provide access to bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”) and you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

MetroCount® has no obligation to monitor the Communication Services. However, MetroCount® reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MetroCount® reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

MetroCount® reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MetroCount®’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MetroCount® does not control or endorse the content, messages or information found in any Communication Service and, therefore, MetroCount® specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MetroCount® spokespersons, and their views do not necessarily reflect those of MetroCount®.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO MetroCount® OR POSTED AT ANY MetroCount® WEB SITE

MetroCount® does not claim ownership of the materials you provide to MetroCount® (including feedback and suggestions) or post, upload, input or submit to any MetroCount® Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MetroCount®, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. MetroCount® is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MetroCount®’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MetroCount® WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MetroCount® AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MetroCount® WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE MetroCount® WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MetroCount® AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MetroCount® WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MetroCount® AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MetroCount® AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MetroCount® WEB SITE, WITH THE DELAY OR INABILITY TO USE THE MetroCount® WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MetroCount® WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MetroCount® WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MetroCount® OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MetroCount® WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MetroCount® WEB SITE.

SERVICE CONTACT : it@MetroCount®.com

TERMINATION/ACCESS RESTRICTION

MetroCount® reserves the right, in its sole discretion, to terminate your access to the MetroCount® Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Western Australia, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Western Australia, Australia in all disputes arising out of or relating to the use of the MetroCount® Web Site. Use of the MetroCount® Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MetroCount® as a result of this agreement or use of the MetroCount® Web Site. MetroCount®’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MetroCount®’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MetroCount® Web Site or information provided to or gathered by MetroCount® with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MetroCount® with respect to the MetroCount® Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MetroCount® with respect to the MetroCount® Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

E-mail Disclaimer

The following disclaimer is to be read in conjunction with any emails sent from MetroCount:

Microcom®, Metro-Count® , MetroCount®, Traffic Executive®, MetriCount® MetroCount Traffic Executive® , 5600®, 5800®, MCReport®, Intelligent Transport® and Intelligent Transport Data® are registered Trademarks of MetroCount® in Australia and/or MetroCount® USA Inc. in the United States and MetroCount® (UK) Ltd which is a registered EU company trading as MetroCount®.

Nothing in this email may be construed as amounting to a contractual or other legal commitment on the part of MetroCount unless confirmed by a letter, signed on behalf of MetroCount (USA) Inc, MetroCount (UK) Ltd, or Microcom Pty Ltd T/As MetroCount.

This correspondence is intended for the addressee only and might contain sensitive or legally privileged information. If you have received this communication in error and are not the intended recipient, you are notified that any use, disclosure or dissemination of this communication is strictly prohibited without prior permission of the author. Please notify the sender immediately by telephone and delete all copies of this transmission and any attachments. Thank you.

Offer Conditions

Conditions of Offer:

  1. MetroCount® Systems include:
    * All MetroCount® RoadPod VT 5900 Roadside Unit/s are housed in a heavy-duty stainless steel case.
    * One Site license for MetroCount® “Traffic Executive” Windows® compatible with Windows® 2000 or newer.
    * 12 month warranty on Hardware, our Standard warranties and conditions apply.

Note:
* MetroCount® RoadPod VT 5900 or RoadPod VP 5710 Plus models are capable of supporting the FULL available output range of MTE software, whilst the MetroCount® RoadPod VT 5900 or RoadPod VP 5710 Regular models supports Axle & Gap counting, and also standard classifier functionality with simple text-based speed/class reports (including Weekly Vehicle Counts, Daily Classes, Class Speed Matrix., 15 Min Speed / 15 Min Class reports) & Flow graphs.

*Each Roadside Unit has an Authenticity Signature that identifies the Option Level you purchase. A Roadside Unit signature is not a software license. Traffic data files created using MTE inherit this Option Level from the Roadside Unit’s Signature. Other programs in the MTE software then change available features based on the Option Level of the traffic data files you load.

* Each Roadside Unit Signature is unique and cannot be transferred from one Roadside Unit to another. A Roadside Unit’s Signature is stored inside the Unit. The signature is based upon the Roadside Unit’s serial/ID number and therefore can only be installed on the Roadside Unit with corresponding serial code. If a Roadside Unit signature is lost, then MetroCount will re-issue the original Signature without charge.

  1. The RoadPod VP 5710 is suitable (or compatible) with “BL” type piezo sensors. However, whilst the RoadPod VP 5710 may be suitable for connection to embedded “BL” sensors in sites which exhibit year-round acceptable signal to noise ratios, MetroCount does not warrant performance in this application. MetroCount does not provide instruction nor specification for installation of embedded “BL” type piezo sensors.

2b.   The MetroCount® RoadPod VP 5710 is suitable (or compatible) with embedded inductive loops which meet the associated product specification. However, whilst the RoadPod VP 5710 is also suitable for connection to many existing embedded inductive loop sensors in sites which exhibit year-round acceptable signals, MetroCount does not warrant performance in this application. MetroCount does not provide instruction nor specifications for installation of inductive loop sensors.

2c. Performance of the FieldPod® Remote Access Module which includes the MetroCount® RAM Modem, battery, antennae and cabling is dependent upon many factors relating to radio signal strength, reliability and low data error transmission, and as such cannot be warranted by MetroCount.

  1. Please note that all prices exclude any applicable Sales Tax, VAT and any other Taxes and will remain valid for four weeks from the date of the email. Most items are available ex stock, however some items may be back ordered, on a first come, first served basis. All goods remain the property of Microcom Pty Ltd t/a MetroCount until paid in full. We reserve the right to charge interest on overdue accounts. Payments are to be made prior to shipment, via Direct Transfer or Credit Card unless otherwise advised. Government Terms 15 days net. MetroCount reserves the right to include credit card merchant facility fees and any associated processing admin fees. This offer supersedes all previous offers.

MetroCount® provides an optional express service for all warranty repairs and, if applicable, overnight replacement units.  Stocks of completed units are usually available at MetroCount®, along with larger quantities of components for repairs.

 

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