FindinSite-CD distribution permissions and end-user license agreement

FindinSite-CD Licence Agreement


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 software.

This text lists the "Free", "Temporary", "Personal", "Standard",
"Gold", "Professional Subscription" and "Site" licence terms.

The FindinSite-CD software includes the following modules:
FindinSite-CD Java applet Search Engine for CDs and product help systems.
fisLight Java applet word highlighter.
FindinSite-CD-Wizard set up tool that runs in most Windows platforms.
Findex Java indexing application.
PDF Scanner module for scanning PDF files.
Hi Help help program for FindinSite-CD-Wizard.

The features available are listed on the FindinSite-CD documentation Web

You may purchase FindinSite-CD licences either direct from PHDCC or through
one of our outlets, as listed on the FindinSite-CD Web site.

You may try out and use FindinSite-CD under the Free or Temporary licence
terms. Otherwise you must purchase a suitable FindinSite-CD licence to
cover your use of FindinSite-CD.


Microsoft Windows XP Service Pack 2 (and later) places significant
restrictions on "active content" running in the Internet Explorer browser.
See this documentation page for details of the restrictions and possible
ways to mitigate them.

Only use FindinSite-CD if you are happy with how it runs in Internet Explorer
in Windows XP SP2 (or later). No refunds will be accepted on the grounds that
FindinSite-CD is not compatible with XP SP2+. This text added 8 May 2006.


The intellectual property, software, documentation and images for
FindinSite-CD, fisLight, FindinSite-CD-Wizard, Findex, PDF Scanner
and Hi Help are Copyright (c) 1997-2014 PHD Computer Consultants Ltd.

You must not re-use, decompile or otherwise mis-use the FindinSite-CD

This product includes software developed by the Apache Software Foundation
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.


The Free licence lets you use the FindinSite-CD development kit on one computer.
You may distribute the FindinSite-CD runtime on any number of CDs and put
the FindinSite-CD runtime on any number of web sites.

The FindinSite-CD runtime only displays the first 60 files in a search database.


A Temporary licence is the same as a Free licence, except that it
releases some or all limitations on the software for a temporary period,
as indicated by the PHDCC sales staff. A Temporary licence is for internal
evaluation purposes and FindinSite-CD must not be put on a web site or
distributed on CD.


A Personal Licence permits you to put the FindinSite-CD runtime on 200 CDs
and display a maximum of 200 files. You can put the FindinSite-CD
runtime on one web site searching a maximum of 200 files.

You may use the development kit on one computer.


A Standard Licence permits you to put the FindinSite-CD runtime on 1000 CDs.
You can also put the FindinSite-CD runtime on one Web site.

You may use the development kit on one computer.


A Gold Licence permits you to put the FindinSite-CD runtime on 3000 CDs.
You can also put the FindinSite-CD runtime on four Web sites.

You may use the development kit on one computer.


A Professional Subscription Licence permits you to put the FindinSite-CD
runtime on any number of CDs for one year, and put the FindinSite-CD
runtime on ten 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.


A Site licence extends a Standard, Gold or Professional Subscription licence.
A Site licence permits you to use FindinSite-CD-Wizard or Findex and the PDF
Scanner module on the number of computers stated in the product description.


If you use FindinSite-CD as the search engine for a product, you must
include one of the following sentences in your copyright notice:
"The search engine is provided by FindinSite-CD, (c) 1997-2014 PHD
Computer Consultants Ltd,"
"Portions (c) 1997-2014 PHD Computer Consultants Ltd"
You may optionally include either the PHDCC or FindinSite-CD logo.
Please contact PHDCC for these logos.


The CD count is the count of computers that can access the FindinSite-CD
runtime at any one time.

The CD count only includes CDs actually distributed, not those produced.

A CD containing the FindinSite-CD 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 runtime on a web site does not increase the CD count.


You must keep careful records of the number of CDs that you distribute with
FindinSite-CD 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 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-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.


You may have a single working copy of the FindinSite-CD software on each
licensed computer and keep a single copy on a backup medium.


Purchasing a Personal, Standard, Gold, Professional Subscription or Site
licence entitles you to upgrades and support for 12 months
from the date of purchase.

You may obtain upgrades from the FindinSite-CD 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 Personal, Standard, Gold, Professional Subscription or Site
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.


PHDCC supplies the development kit in electronic form only on the PHDCC
web site. When you purchase a licence you only receive a licence id.
This will enable the full features of the software and enable
use of the runtime as defined in this licence.
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 licence or otherwise make
FindinSite-CD 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.


You must put the FindinSite-CD redistributable files on your Web
site or CDs in their entirety: the archive file(s), all the class and
image files and any others as directed in the documentation.

You may redistribute the current FindinSite-CD free version development kit,
provided it is distributed in its entirety. Please inform PHDCC so we
know who to inform for updates.


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.


All FindinSite-CD 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.


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.


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.

6.22 May 2014

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