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Dtsearch Developer Software AgreementDtsearch Developer Software Agreement
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Copyright 1991-2005 dtSearch Corp. All rights reserved.
dtSearch is a registered trademark of dtSearch Corp. All other brand and product names are trademarks of their respective holders.
LICENSE AGREEMENT. This is a legal agreement ("Agreement") between you ("Licensee," either an individual and/or an entity) and dtSearch Corporation (hereinafter "DTSC"). BY INSTALLING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. With the sole exception of an existing mutually signed agreement between DTSC and Licensee, this Agreement shall fully supercede and override any other terms relating to this software, including without limitation, terms provided to DTSC’s purchasing department pursuant to a purchase order. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DTSC IS UNWILLING TO LICENSE THIS SOFTWARE TO YOU, AND YOU MAY PROMPTLY RETURN THE SOFTWARE AND ACCOMPANYING ITEMS TO DTSC FOR A FULL REFUND.
LICENSE SCOPE. DTSC licenses the relevant portion of the "dtSearch" software product line in object form as follows, depending on the specific purchase by Licensee:
dtSearch Desktop with Spider: use on one single computer. Note: use on both a desktop PC and a laptop require separate purchases.
dtSearch Network with Spider: use by up to the specified number of computers in a single organization. Pricing is non-concurrent. A 5-user purchase means a license for 5 computers. Pricing also works as volume licensing. For example, a 100-user purchase could be for 100 laptops. Note: a single individual using multiple computers counts as multiple “users.”
dtSearch Publish: covering the creation of up to 250 "search-only" (i.e. without providing end-user indexing capabilities) CD/DVDs?Create containing a single subject matter and content. The publisher may distribute the CD/DVDs?Create to up to 250 total users, operating in an individual-usage capacity; the CD/DVDs?Create may not run in a shared-access server capacity, for example, from a shared-access server such as IIS. (Other usage of dtSearch Publish may be authorized in accordance with a signed license agreement with DTSC.)
dtSearch Web with Spider (for IIS): unlimited use on one single server for a single-server package, and up to three servers for a three-server package. Note: load balancing servers, backup servers, and development servers in use after the 30-day evaluation period all count as additional servers.
dtSearch Text Retrieval Engine for Win & .NET: unlimited use on one single server for a single-server package, and up to three servers for a three-server package running on a Windows & .NET platform. Note: load balancing servers, backup servers, and development servers in use after the 30-day evaluation period all count as additional servers. (Other usage of the dtSearch Text Retrieval Engine may be authorized in accordance with a signed license agreement with DTSC.)
dtSearch Text Retrieval Engine for Linux: unlimited use on up to three servers for a three-server package running on a Linux platform. Note: load balancing servers, backup servers, and development servers in use after the 30-day evaluation period all count as additional servers. (Other usage of the dtSearch Text Retrieval Engine for Linux may be authorized in accordance with a signed license agreement with DTSC.)
EVALUATION VERSIONS. In the absence of one of the above purchased licenses for the software, the software shall be considered an evaluation version. Evaluation use of this software is contingent upon Licensee's acceptance of the terms of this Agreement, and if Licensee is unwilling to accept these terms then Licensee may not install or use any evaluation versions.
Assuming Licensee agrees to the terms of this Agreement, Licensee may use the evaluation version for up to 30 days for evaluation and testing. Evaluation versions may not be used other than for internal testing and development purposes. Evaluation versions may not be used in products sold or otherwise provided to end-users without express written permission from DTSC.
License sections below on "Upgrades" and "Technical Support" do not apply to products provided for evaluation.
GUARANTEE. The software, if purchased, comes with a 30-day money-back satisfaction guarantee from the Date of Agreement (defined below).
TECHNICAL SUPPORT. Technical support for dtSearch Desktop and dtSearch Network (collectively, "End-User Products"): DTSC agrees to provide technical support to a single point of contact in the Licensee organization for one year from the Date of Agreement. Licensee agrees to provide technical support to all other Licensee end-users.
Technical support for dtSearch Web, dtSearch Text Retrieval Engine, and dtSearch Publish (collectively, "Developer Products"): DTSC agrees to provide technical support to a single point of contact in the Licensee organization for one year from the Date of Agreement. Licensee agrees to provide technical support to all other Licensee end-users. Licensee must list itself as the sole contact for such technical support on end-user software copies and in any accompanying documentation.
UPGRADES. Subject to third-party supplier restrictions and charges, DTSC agrees to make available to Licensee, upon request, any maintenance releases, new and enhanced versions or upgrades of the software that DTSC releases for the Windows X86 platform or Linux platform as applicable, for a period of one year from the Date of Agreement. DTSC may, at its sole discretion, extend the free technical support and upgrade period beyond the above-mentioned one year date.
BETA TEST VERSIONS. This section applies to beta test versions of dtSearch products ("Beta Products").
DTSC makes Beta Products available on a discretionary basis. No right to obtain Beta Products is generally granted in DTSC's license agreements, and no such right exists except where an agreement expressly and explicitly provides otherwise. Therefore, even if Licensee has a separate, written agreement to use DTSC's products and to obtain maintenance releases and upgrades, use of this software is contingent upon Licensee's acceptance of the terms of this Agreement, and if Licensee is unwilling to accept these terms then Licensee may not use Beta Products.
Beta Products are provided for testing and evaluation purposes. The purpose of beta testing is to identify undiscovered bugs in software products through widespread testing. To protect end-users from the risk of such undiscovered bugs, DTSC requires that beta versions of dtSearch developer products such as the dtSearch Text Retrieval Engine may not be used other than for internal testing and development purposes. In particular, Beta Products may not be used in products sold or otherwise provided to end-users without express written permission from DTSC. Beta Products may be time-limited and may automatically cease to function after a date specified in the documentation accompanying the beta product.
License sections on "Upgrades" and "Technical Support" do not apply to Beta Products.
GENERAL USE LIMITATIONS. Licensee may not rent, lease, lend, sublicense, time-share, distribute, sell or assign the license to use this software. NOR MAY LICENSEE USE THIS SOFTWARE ON MORE COMPUTERS OR TERMINALS THAN LICENSEE'S LICENSE PERMITS. Licensee may make backup copies of the software strictly for Licensee's own archival purposes. Except as explicitly permitted pursuant to this Agreement, LICENSEE MAY NOT OTHERWISE DISTRIBUTE, COPY, REPRODUCE, SUBLICENSE, SELL OR OTHERWISE DISTRIBUTE THE SOFTWARE.
NO SOURCE CODE. The licensed software is the applicable above-mentioned version of dtSearch in object form. Other than sample source code that may be provided with Developer Products (defined above under “Technical Support”), THE SOFTWARE DOES NOT INCLUDE SOURCE CODE OR ANY RIGHTS THERETO, INCLUDING SOURCE CODE TO ANY DLLs OR OTHER EXECUTABLE COMPONENTS.
PROHIBITION ON REVERSE ENGINEERING, ETC. Licensee or any other party is strictly prohibited from reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or other underlying algorithms of the software (hereinafter "reverse engineering"). Licensee or any other party shall further not modify, adapt, translate or create derivative works based on the software (other than modifications pursuant to the dtSearch Web or dtSearch Publish interface or through the dtSearch Text Retrieval Engine programming APIs, to the extent of Licensee’s purchased license as set forth herein). The parties acknowledge that Licensee's usage of dtSearch products is intended to be on a strictly non-exclusive basis, and Licensee hereby agrees not to use any reverse engineering of the licensed software, or information derived from reverse engineering of the licensed software, as a basis for or in support of any intellectual property claim against DTSC involving the licensed software or other dtSearch products, or against DTSC customers with respect to the same.
LIMITATIONS ON WARRANTY AND LIABILITY. The software is provided AS IS. To the extent permitted by applicable law, ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED AND DISCLAIMED. DTSC and its suppliers do not and cannot warrant the performance or results Licensee or Licensee’s end-users may obtain by using the software.
IN NO EVENT SHALL DTSC BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, including lost profits, lost savings, lost opportunities or other incidental or consequential damages arising out of the use of or inability to use the software, even if DTSC has been advised of the possibility of such damages.
UNDER NO CIRCUMSTANCE MAY DTSC'S LIABILITY TO LICENSEE, WHETHER ARISING UNDER TORT, CONTRACT, OR PATENT LAW, AND WHETHER ARISING AS A RESULT OF THE USE OF THE LICENSED SOFTWARE BY LICENSEE OR USE BY ANY OTHER PERSON, EXCEED THE LESSER OF THE LICENSE FEE OR THE AMOUNT PAID TO DTSC BY LICENSEE DURING THE YEAR PRIOR TO ANY ALLEGED BASIS OF LIABILITY.
OTHER TERMS
DATE OF AGREEMENT. The "Date of Agreement,” as used herein and in all previous and subsequent sections, shall be the day that Licensee first installs or receives (whichever comes first) the software.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between DTSC and Licensee, superseding all previous agreements, and may not be amended other than by a written agreement. Exception: if Licensee has a signed, written license agreement with DTSC granting a license to use this software, such grant of license shall supplement the license grant in this Agreement. Notwithstanding any such separate license agreement, Licensee agrees that the terms of this Agreement shall apply to evaluation usage and to use of any Beta Products, as described in the section on "Beta Products."
LIMITATION ON TRANSFER OF INTELLECTUAL PROPERTY RIGHT IN THE SOFTWARE. The software is owned by DTSC and its suppliers, and its structure, organization and code are the valuable trade secrets of DTSC and its suppliers. The software is also protected by the United States Copyright law and International Treaty provisions. Licensee may not copy the software, except as provided in this Agreement. Any copies that Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give Licensee any rights of ownership in the trademark. Except as explicitly stated above, this Agreement does not grant any intellectual property rights in the software.
GSA INFORMATION. DTSC is on the US Government’s GSA Schedule: GSA Contract # GS-35F-4686, Cage Code # 093X0.
OTHER U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to the restricted rights applicable to commercial computer software as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 (DFARS 52.227-7013). The contractor/manufacturer is DTSC.
INTERNATIONAL LAW AND EXPORT. This Agreement will not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded. The software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
NO WAIVER. The failure to immediately enforce any provisions, rights or remedies under this Agreement shall not constitute a waiver by the party failing to enforce such provision, even if the party failing to enforce such provisions, rights or remedies is aware of the other party's contractual breach.
CHOICE OF LAW AND ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Emergency Interim Relief Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) shall be licensed to practice law in the State of Maryland with an expertise in software copyright law, and shall apply the laws of the United States and of the State of Maryland, and the terms of this Agreement. The place of arbitration shall be Bethesda, Maryland. All awards shall be made within three months of the filing of the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by agreement of the parties or by the arbitrator(s) if necessary. The arbitrator(s) may determine how the costs and expenses of the arbitration shall be allocated between the parties, but shall not award attorneys' fees. The arbitration remedies set forth above shall be the parties’ sole remedies for breach of this Agreement, or any matters covered by this Agreement.
OTHER. If any portion of this Agreement is found to be invalid, the remainder shall continue in force. This Agreement shall remain in effect even if the software is uninstalled or deleted after installation.
WordNet?Create Notice. The thesaurus in dtSearch is based on the WordNet?Create thesaurus developed at Princeton University. Princeton copyright information appears below. For more information on the WordNet?Create project, see www.cogsci.princeton.edu/~wn.
WordNet?Create 1.5 Copyright 1995 by Princeton University. All rights reserved. THIS SOFTWARE AND DATABASE IS PROVIDED "AS IS" AND PRINCETON UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PRINCETON UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE, DATABASE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. The name of Princeton University or Princeton may not be used in advertising or publicity pertaining to distribution of the software and/or database. Title to copyright in this software, database and any associated documentation shall at all times remain with Princeton University and LICENSEE agrees to preserve same.
ZLIB Notice. dtSearch uses the zlib library for some decompression functions. The zlib copyright notice appears below. For more information on zlib, see http://www.info-zip.org/pub/infozip/zlib/zlib.html.
ZLIB Copyright (C) 1995-1998 Jean-loup Gailly and Mark Adler This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. Jean-loup Gailly Mark Adler jloup@gzip.org madler@alumni.caltech.edu The data format used by the zlib library is described by RFCs (Request for Comments) 1950 to 1952 in the files ftp://ds.internic.net/rfc/rfc1950.txt (zlib format), rfc1951.txt (deflate format) and rfc1952.txt (gzip format).
[05/04/2005]
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