Brightdayler License Agreement ============================ INTRODUCTION This is a legal agreement between you, the Licensee, and PHD Computer Consultants Ltd (PHDCC), United Kingdom. This text lists the "Hosted" and "Standard" license terms. The Brightdayler software includes the following modules: Brightdayler ASP.NET Search Engine checking application. The features available are listed on the Brightdayler web site: http://www.phdcc.com/brightdayler/ You may try out and use Brightdayler as a vistor on on the Brightdayler web site. Otherwise you must purchase a suitable Brightdayler license to cover your use of Brightdayler. COPYRIGHT The intellectual property, software, documentation and images for the Brightdayler software is Copyright (c) 1997-2005 PHD Computer Consultants Ltd. You must not re-use, decompile or otherwise mis-use the Brightdayler software. This product includes software developed by the Apache Software Foundation (http://www.apache.org/). Copyright (c) 2002 The Apache Software Foundation. All rights reserved. This software uses the RSA Data Security, Inc. MD5 Message-Digest Algorithm from RFC 1321. HOSTED LICENCE A Hosted licence permits you to use the instance of Brightdayler running on the phdcc web site. You are limited to the number of records as defined on the phdcc web site from time to time. phdcc make no guarantees of the availability of the hosted version of Brightdayler however at the discretion of phdcc if for any reason it becomes permanantly unavailable then phdcc with refund the annual licence fee in proportion to the part of the year that the application will not be available. STANDARD LICENSE A Standard license permits you to use Brightdayler runtime on one server. OTHER USES If you wish to use Brightdayler in any other way, eg to distribute as a part of your product, then contact us for licensing. BACKUP You may have a single working copy of the Brightdayler software on each licensed computer and server and keep a single copy on a backup medium. UPGRADES AND SUPPORT Purchasing a Standard license entitles you to upgrades and support for 12 months from the date of purchase. You may obtain upgrades from the Brightdayler web sites as directed in the documentation. PHDCC will not inform you of all upgrades. PHDCC will make a reasonable attempt to answer any relevant queries from users with a Personal or Standard license for 12 months from the date of purchase. If your supplier provides support then please contact them first. PHDCC does not agree to fix any apparent defects or limitations in the software. However if you notify PHDCC of the problem or have positive suggestions then PHDCC may change the software accordingly in the next release. Title to all new or revised software will remain with PHDCC. 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 to browsers, servers or the Microsoft Windows operating system. PURCHASING You may not assign or resell your Brightdayler license or otherwise make Brightdayler available to others without the consent of PHDCC. You can have a full refund if you have a legitimate technical problem with the software within 30 days of purchase provided you confirm that you have destroyed all copies of the software. 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 software. REDISTRIBUTABLE FILES You must put the Brightdayler runtime redistributable files on your web site in their entirety as directed in the documentation. TERMINATION PHDCC may cancel this license 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 Brightdayler licenses are non-exclusive. This text represents the entire agreement. In the event that any terms of this license are deemed invalid, the remaining terms will still be in force. Unless agreed otherwise, this agreement is governed by English law. NO WARRANTIES To the maximum extent permitted by applicable law, PHDCC 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 PHDCC 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 PHDCC product. 1.2 June 2005