Dynamic-CD Licence Agreement ============================ 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) 2000-2022 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. 3.3.0.10, January 2014