Dynamic-CD Licence Agreement
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INTRODUCTION
This is a legal agreement between you, the Licensee, and
PHD Computer Consultants Ltd (PHD), United Kingdom.
This text lists the "Evaluation", "Lite Subscription",
"Personal Subscription", "Standard Subscription",
"Gold Subscription" and "Professional Subscription" licence terms.
A separate licence must be bought for each server technology,
ie ASP, ASP.NET or PHP.
Dynamic-CD is an Internet server for CDs, DVDs and USB memory devices,
running on Windows platforms.
The features available in the different versions of Dynamic-CD are listed
on the Dynamic-CD documentation Web site
http://www.phdcc.com/dynamic-cd/
The term Dynamic-CD includes all versions of the software such as
ASP Dynamic-CD and ASP.NET Dynamic-CD.Net unless otherwise stated.
The term CD refers to any form of distribution such as CD, DVD, USB
memory device or laptop.
You may purchase Dynamic-CD licences either direct from PHD or through
one of our outlets, as listed on the Dynamic-CD web site.
You may try out Dynamic-CD under the Evaluation licence terms.
Otherwise you must purchase a suitable Dynamic-CD licence to cover your
use of Dynamic-CD.
COPYRIGHT
The intellectual property, software, documentation and images for
Dynamic-CD and Dynamic-CD-Wizard are
Copyright (c) 2000-2010 PHD Computer Consultants Ltd.
Portions of the Dynamic-CD.Net source are based on the Cassini 3.5 web
server which is Copyright (c) Microsoft Corporation and licensed under
the Microsoft Public License (Ms-PL).
You must not re-use, decompile or otherwise mis-use the Dynamic-CD
software.
EVALUATION VERSION
Downloading or installing the evaluation version starts your 30 day
evaluation period and implies that you accept this licence.
The Evaluation licence gives you the right to try out the Dynamic-CD
evaluation version for 30 days for free on one computer. The web site
lists the limits of the evaluation version. You must not distribute any
of the output generated by the Dynamic-CD system.
If you do not subsequently purchase a full licence, you must delete all
copies of the software and documentation and any output generated from
your computers and destroy any CDs or other media produced.
Purchasing a Lite, Personal, Standard, Gold or Professional Subscription
Licence ends your 30 day evaluation period.
DYNAMIC-CD DEVELOPMENT KIT
A Lite, Personal, Standard, Gold or Professional Subscription Licence
permits you to use the Dynamic-CD Development Kit on one computer during
the year after purchase.
The development kit includes the Dynamic-CD-Wizard program and the
product documentation.
ASP LITE SUBSCRIPTION LICENCE
An ASP Lite Subscription Licence permits you to place the Dynamic-CD
ASP redistributable files on 200 CDs during the year after purchase.
The Lite Subscription Licence has the following limits -
no support for Server.CreateObject (meaning that there is no support
for database-driven sites)
a maximum of 5 Username - Password combinations can be set
a maximum of 50 script files can be encrypted
a maximum of 50 files can be password protected
a maximum of 200 files can be stored on the CD
PERSONAL SUBSCRIPTION LICENCE
The Personal Subscription Licences have the following limits -
a maximum of 5 Username - Password combinations can be set
a maximum of 50 script files can be encrypted
a maximum of 50 files can be password protected
a maximum of 200 files can be stored on the CD
ASP PERSONAL SUBSCRIPTION LICENCE
An ASP Personal Subscription Licence permits you to place the Dynamic-CD
ASP redistributable files on 200 CDs during the year after purchase.
ASP.NET PERSONAL SUBSCRIPTION LICENCE
An ASP.NET Personal Subscription Licence permits you to place the
Dynamic-CD.Net ASP.NET redistributable files on unlimited CDs during the
year after purchase.
ASP STANDARD SUBSCRIPTION LICENCE
An ASP Standard Subscription Licence permits you to place the Dynamic-CD
ASP redistributable files on 750 CDs during the year after purchase.
ASP.NET STANDARD SUBSCRIPTION LICENCE
An ASP.NET Standard Subscription Licence permits you to place the
Dynamic-CD.Net ASP.NET redistributable files on unlimited CDs during the
year after purchase.
ASP GOLD SUBSCRIPTION LICENCE
An ASP Gold Subscription Licence permits you to place the Dynamic-CD ASP
redistributable files on 1500 CDs during the year after purchase.
PROFESSIONAL SUBSCRIPTION LICENCE
A Professional Subscription Licence permits you to place the Dynamic-CD
redistributable files on an unlimited number of CDs during the year
after purchase.
The Dynamic-CDs produced under a Professional Subscription Licence
must be for the direct use of you or your company.
The individual or company identified as the owner of the content of
the CD - as distinct from the producer of the CD - will be required to have
held a valid Professional Subscription Licence on the date of distribution of
the CD containing Dynamic-CD.
If you act as consultant for third parties, then an appropriate licence should be
purchased for each third party (content owner) involved. In the special case
where your use of Dynamic-CD is solely for the benefit of a single third party,
and not for the benefit of you or your company, then only a single licence is required.
CONSULTANCY SUBSCRIPTION LICENCE
A Consultancy Subscription Licence is tailor made for each circumstance and
is covered by a separate licence agreement.
RECORD KEEPING AND AUDIT
Each CD produced containing the Dynamic-CD runtime carries an encrypted
licence identifying you or your company as the registered licence holder.
You must ensure that you purchase an appropriate licence for the Dynamic-CDs
you intend to produce
If appropriate for the chosen licence, you must keep careful record of the
number of CDs on which you distribute Dynamic-CD, and ensure that you have
the correct licences. CDs that are not distributed do not count towards
the total for licence purposes.
If appropriate for the chosen licence, PHD has the right, no more than once
during any calendar year, to have an independent accountant inspect the
relevant records on seven business days notice and during normal business
hours to verify that the correct licences are held. If you are found to
have unlicensed use of Dynamic-CD-Wizard, kept no records, or have under
recorded the number of CDs distributed by 10%, then you shall pay the cost
of the audit. If you require further licences, you will promptly pay for
these together with interest of 12%, dated from when the licences were
required.
BACKUP
You may have a single working copy of the Dynamic-CD development kit
on each licensed computer and keep a single copy on a backup medium.
UPGRADES AND SUPPORT
Purchasing a Lite, Personal, Standard, Gold or Professional Subscription
licence entitles you to minor upgrades and support during the year after
purchase.
You may obtain upgrades from the Dynamic-CD web site as directed in the
documentation. PHD will not necessarily inform you of all upgrades.
PHD will make a reasonable attempt to answer any relevant queries from
users with a Lite, Personal, Standard, Gold or Professional Subscription
licence during the year after purchase. If your supplier provides support
then please contact them first.
PHD does not agree to fix any apparent defects or limitations in the
software. However if you notify PHD of the problem or have positive
suggestions then PHD may change the software accordingly in the next
release. Title to all new software will remain with PHD.
PHD assumes no responsibility for any limitations to the functionality
provided by the software or any medium containing the software due to
circumstances beyond our control: including any future upgrades or changes
to browsers or the Microsoft Windows operating system.
PURCHASING LICENCES
PHD supplies the development kit in electronic form only.
You do not receive a physical copy of the software.
For purchases direct from PHD, the licence is invalid until the agreed
payment has been received in full by PHD.
You may not assign or resell your Dynamic-CD licence or otherwise make
Dynamic-CD available to others without the consent of PHD.
You can have a full refund if you have a legitimate problem with the
software within 30 days of purchase provided you confirm that you
have destroyed all copies of the licence id.
Any other refunds are at our discretion, must be made with 30 days,
and are subject to an administration fee, provided you confirm that you
have destroyed all copies of the licence id.
REDISTRIBUTABLE FILES
You must place the Dynamic-CD redistributable files on your CDs in
their entirety as directed in the documentation.
You may redistribute the current Dynamic-CD evaluation version, provided it
is distributed in its entirety. Please inform PHD so that we can keep the
evaluation version up to date.
TERMINATION
You may terminate this licence provided you delete all copies of Dynamic-CD
from your computers, software products and CDs.
PHD may cancel this licence upon 30 days prior written notice if you are
in breach of any material obligations hereunder and the breach is not
remedied within the notice period.
GENERAL
All Dynamic-CD licences are non-exclusive.
This text represents the entire agreement. In the event that any terms
of this licence are deemed invalid, all other terms will remain in force.
Unless agreed otherwise, this agreement is governed by English law.
NO WARRANTIES
To the maximum extent permitted by applicable law, PHD expressly disclaims
any warranty for this software. This software and its documentation are
provided "as is" without warranty of any kind, either express or implied,
including, without limitation, the implied warranties or merchantability
or fitness for a particular purpose. The entire risk arising out of use
or performance of this software remains with you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall PHD
or its suppliers be liable for any damages whatsoever (including, without
limitation, damages for loss of business profit, loss of business
information, business interruption, or any other pecuniary loss) arising
out of the use or inability to use this PHD product.
3.5 February 2010