FindinSite-CD-JS Licence Agreement =============================== INTRODUCTION This is a legal agreement between you, the Licensee, and PHD Computer Consultants Ltd (PHDCC), United Kingdom. The licence covers the use of the PHDCC FindinSite-CD-JS software. This text lists the "Free", "Standard" and "Professional Subscription" licence terms. The FindinSite-CD-JS software includes the following modules: FindinSite-CD-JS JavaScript search engine runtime for websites, CDs and DVDs. FindinSite-CD-JS-Wizard set up tool that runs in most Windows platforms. Findex Java indexing application. FindinSite-HelpIndex-JS JavaScript table of contents runtime The features available are listed on the FindinSite-CD-JS documentation Web site. http://www.phdcc.com/fiscdjs/ You may purchase FindinSite-CD-JS licences either direct from PHDCC or through one of our outlets, as listed on the FindinSite-CD-JS Web site. You may try out and use FindinSite-CD-JS under the Free licence terms. Otherwise you must purchase a suitable FindinSite-CD-JS licence to cover your use of FindinSite-CD-JS. COPYRIGHT The intellectual property, software, documentation and images for FindinSite-CD-JS, FindinSite-CD-JS-Wizard, Findex, and FindinSite-HelpIndex-JS are Copyright (c) 1997-2022 PHD Computer Consultants Ltd. You must not re-use, decompile or otherwise mis-use the FindinSite-CD-JS software. FREE LICENCE The Free licence lets you use the FindinSite-CD-JS development kit on one computer. You may distribute the FindinSite-CD-JS runtime on any number of CDs and put the FindinSite-CD-JS runtime on any number of web sites. STANDARD LICENCE A Standard Licence permits you to put the FindinSite-CD-JS runtime on any number of CDs. You can also put the FindinSite-CD-JS runtime on one Web site. You may use the development kit on one computer. PROFESSIONAL SUBSCRIPTION LICENCE A Professional Subscription Licence permits you to put the FindinSite-CD-JS runtime on any number of CDs for one year, and put the FindinSite-CD-JS runtime on any number of Web sites. If you produce less than 10,000 CDs in the first year, then you may continue to produce CDs after one year until 10,000 CDs have been produced. You may use the development kit on one computer. COUNTING CDS DISTRIBUTED The CD count is the count of computers that can access the FindinSite-CD-JS runtime at any one time. The CD count only includes CDs actually distributed, not those produced. A CD containing the FindinSite-CD-JS runtime may be copied onto one computer to speed up access. If the CD content is made available on a file network, then each computer on the network is included in the CD count. In this licence, references to CDs include similar media such as DVDs. Using the FindinSite-CD-JS runtime on a web site does not increase the CD count. RECORD KEEPING AND AUDIT You must keep careful records of the number of CDs that you distribute with FindinSite-CD-JS on, and ensure that you have the correct licences. CDs that are not distributed do not count towards the total for licence purposes. You must pay for an appropriate FindinSite-CD-JS licence for each of your web sites, whether available to the public or for internal use. PHDCC 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 FindinSite-CD-JS-Wizard, kept no records, or have under recorded the number of CDs distributed or web sites 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. If you have a Professional Subscription licence then you do not need to keep records of the number of CDs distributed (unless counting CDs beyond the first year end) and PHDCC will not be able to demand an inspection in this respect. BACKUP You may have a single working copy of the FindinSite-CD-JS software on each licensed computer and keep a single copy on a backup medium. UPGRADES AND SUPPORT Purchasing a Standard or Professional Subscription licence entitles you to upgrades and support for 12 months from the date of purchase. You may obtain upgrades from the FindinSite-CD-JS web site 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 Standard or Professional Subscription licence 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 or changes to the Java runtime, browsers or the Microsoft Windows operating system. PURCHASING LICENCES On purchase, PHDCC supplies the development kit in electronic form. You do not receive a physical copy of the software. For purchases direct from PHDCC, the licence is invalid until PHDCC has received the agreed payment in full. You may not assign or resell your FindinSite-CD-JS licence or otherwise make FindinSite-CD-JS 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 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 put the FindinSite-CD-JS redistributable files on your Web site or CDs in their entirety as directed in the documentation. You may redistribute the current FindinSite-CD-JS free version development kit, provided it is distributed in its entirety. Please inform PHDCC so we know who to inform for updates. TERMINATION PHDCC 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 FindinSite-CD-JS licences are non-exclusive. This text represents the entire agreement. In the event that any terms of this licence 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. 7.0b December 2022