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| Version 2.1.3 for UNIX |
Hi HelpIndex Licence Agreement
The intellectual property, software, documentation and images for Hi HelpIndex, Hi Lab, Hi Jump, Hi Brow, Hi Help and MakeHelpIndex are Copyright (c) 1996-2002 PHD Computer Consultants Ltd.
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.
You must not re-use, decompile or otherwise mis-use the Hi HelpIndex software.
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.
1.6a July, 2002
INTRODUCTION
This is a legal agreement between you, the Licensee, and PHD Computer Consultants Ltd (PHD), United Kingdom.
The licence covers the use of the PHD Spy-CD and Spy-Server products.
This text lists the "Free", "Temporary", "Personal", "Standard", "Gold", "Professional Subscription" and "Site" licence terms.
A Source Code Escrow service for Spy-CD is available from ComponentSource. Contact ComponentSource for details of the escrow licence agreement. http://www.componentsource.com/
The Spy-CD software includes the following modules: Spy-CD Java applet Search Engine for CDs and product help systems. SpyLight Java applet word highlighter. Spy-Server Java servlet Search Engine for web sites. Spy-CD-Wizard set up tool that runs in most Windows platforms. Spyndex Java indexing application. PDF Scanner module for scanning PDF files. Hi Help help program for Spy-CD-Wizard.
The features available are listed on the Spy-CD and Spy-Server documentation Web sites. http://www.phdcc.com/spy-cd/ http://www.spy-server.com/
You may purchase Spy-CD licences either direct from PHD or through one of our outlets, as listed on the Spy-CD Web site.
The Spy-Server development kit is not included in the Spy-CD development kit. It is available separately.
You may try out and use Spy-CD and Spy-Server under the Free or Temporary licence terms. Otherwise you must purchase a suitable Spy-CD licence to cover your use of Spy-CD or Spy-Server.
COPYRIGHT
The intellectual property, software, documentation and images for Spy-CD, Spy-Server, SpyLight, Spy-CD-Wizard, Spyndex, PDF Scanner and Hi Help are Copyright (c) 1997-2002 PHD Computer Consultants Ltd.
You must not re-use, decompile or otherwise mis-use the Spy-CD software.
FREE LICENCE
The Free licence lets you use the Spy-CD development kit on one computer. You may distribute the Spy-CD runtime on any number of CDs and put the Spy-CD or Spy-Server runtime on any number of web sites.
The Spy-CD runtime only displays the first 50 files. The Spy-Server runtime only provides clickable links for the first 50 files.
There is no PDF file scanning capability.
TEMPORARY LICENCE
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 PHD sales staff. A Temporary licence is for internal evaluation purposes and Spy-CD must not be put on a web site or distributed on CD.
PDF SCANNER
The PDF Scanner module is enabled in all licences apart from the Free licence.
The PDF Scanner module must only be used in conjunction with the Spy-CD or Spy-Server development kit on one computer. The PDF Scanner module must not be used on a server. For use on a non-web server, a Site licence is required.
Licensed under U.S. Patent 4,558,302 and its foreign counterparts. PHD has been granted a licence from Unisys Corporation to use the LZW algorithm in PHD products.
The PDF Scanner module is NOT licensed for use on personal computers or workstations functioning as a server. The PDF Scanner software is NOT licensed for use in providing on-line financial transactions or any other on-line electronic commerce, or for operating an on-line service, bulletin board, Web, Intranet or Internet access service, or for distribution by such entities for use in communicating with their services. The PDF Scanner software may NOT be used for operating network access servers, Web, Intranet or Internet servers or for software providing for on-line or real time operation with a Web, Internet or Intranet server, or for providing for uploading or publishing web pages or related data and/or images to a web server and/or Internet server. Additionally, the PDF Scanner software may NOT be used for software development purposes and/or for bundling or for any other combination with products of an OEM, VAR or developer.
This software uses the RSA Data Security, Inc. MD5 Message-Digest Algorithm from RFC 1321.
PERSONAL LICENCE
A Personal Licence permits you to put the Spy-CD runtime on 200 CDs and display a maximum of 200 files. You can put the Spy-CD or Spy-Server runtime on one web site searching a maximum of 200 files.
STANDARD LICENCE
A Standard Licence permits you to put the Spy-CD runtime on 750 CDs. You can also put the Spy-CD or Spy-Server runtime on one Web site.
GOLD LICENCE
A Gold Licence permits you to put the Spy-CD runtime on 3000 CDs. You can also put the Spy-CD or Spy-Server runtime on four Web sites.
PROFESSIONAL SUBSCRIPTION LICENCE
A Professional Subscription Licence permits you to put the Spy-CD runtime on any number of CDs for one year, and put the Spy-CD or Spy-Server 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.
SITE LICENCE
A Site licence extends a Standard, Gold or Professional Subscription licence. A Site licence permits you to use Spy-CD-Wizard or Spyndex and the PDF Scanner module on the number of non-server computers stated in the product description, and on the number of non-web servers stated in the product description.
USING SPY-CD IN A PRODUCT
If you use Spy-CD as the full text search facility for a product, you must include one of the following sentences in your copyright notice: "The full text search facility is provided by Spy-CD, (c) 1997-2002 PHD Computer Consultants Ltd, www.phdcc.com." or "Portions (c) 1997-2002 PHD Computer Consultants Ltd" You may optionally include either the PHD or Spy-CD logo. Please contact PHD for these logos.
RECORD KEEPING AND AUDIT
You must keep careful records of the number of CDs that you distribute with Spy-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 Spy-CD licence for each of your web sites, whether available to the public or for internal use.
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 Spy-CD-Wizard or PDF Scanner, 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 PHD will not be able to demand an inspection in this respect.
BACKUP
You may have a single working copy of the Spy-CD software on each licensed computer and keep a single copy on a backup medium.
UPGRADES AND SUPPORT
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 Spy-CD and Spy-Server web sites as directed in the documentation. PHD will not inform you of all upgrades.
PHD 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.
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 or revised software will remain with PHD.
PURCHASING LICENCE IDS
PHD supplies the development kit in electronic form only on the PHD 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 PHD, the licence is invalid until PHD has received the agreed payment in full.
You may not assign or resell your Spy-CD licence or otherwise make Spy-CD available to others without the consent of PHD.
You can have a 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.
REDISTRIBUTABLE FILES
You must put the Spy-CD or Spy-Server 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 Spy-CD free version development kit, provided it is distributed in its entirety. Please inform PHD so we know who inform for updates.
TERMINATION
You may terminate this licence provided you delete all copies of the Spy-CD software and licence ids from your computers, software products, CDs and recall all CDs issued.
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 Spy-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.
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.
To the best of PHD's knowledge, the software is Year 2000 compliant.
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.
4.x February 2002
