End user agreement for FindinSite-MS
FindinSite MS-Server edition License Agreement
This is a legal agreement between you, the Licensee, and
PHD Computer Consultants Ltd (PHDCC), United Kingdom.
This text lists the "Free", "Temporary", "Personal", "Standard" and
"Hosted Search" license terms.
The FindinSite MS-Server edition software includes the following modules:
FindinSite-MS ASP.NET Search Engine for a web site.
fisClient .NET web service Search API helper
FindexApp .NET indexing application
The features available are listed on the FindinSite-MS web site:
You may purchase FindinSite-MS licenses either direct from PHDCC or through
one of our outlets, as listed on the FindinSite-MS Web site.
You may try out and use FindinSite-MS under the Free or Temporary
license terms. Otherwise you must purchase a suitable FindinSite-MS license
to cover your use of FindinSite-MS.
The intellectual property, software, documentation and images for the
FindinSite-MS software is Copyright (c) 1997-2014 PHD Computer Consultants Ltd.
You must not re-use, decompile or otherwise mis-use the FindinSite-MS software.
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.
This software uses an unmodified Zlib.Net runtime, which is licensed under a
GNU General Public License (GPL) as modified by the authors:
FindinSite-MS attempts to log each application start at www.phdcc.com.
No personal information is stored.
The Free license lets you use the FindinSite-MS development kit on one computer, and
you may put the FindinSite-MS runtime on any number of web sites.
The FindinSite-MS runtime only provides clickable links for the first 60 files
in a search database under the Free license.
A Temporary license is the same as a Free license, except that it
releases some or all limitations on the software for a temporary period,
as indicated by the PHDCC sales staff. A Temporary license is for internal
evaluation purposes and FindinSite-MS must not be made generally available.
A Personal license permits you to use FindinSite-MS runtime on one web site on
one server to search a maximum of 200 files.
You may use the development kit on one computer.
A Standard license permits you to use FindinSite-MS runtime on one web site on
one server to search any number of files.
You may use the development kit on one computer.
A Hosted Search is a service provided by PHDCC to provide a search engine
for your site. The features provided and limitations are listed on the
FindinSite-MS Web site. Bandwidth limitations may apply.
All sites searched by a Hosted Search service will be monitored for content
suitability and conformance with limits. The service will be discontinued
if the site is considered inappropriate, entirely at the discretion of PHDCC.
PHDCC will aim to provide this search and indexing service at all times.
However no uptime is guaranteed. The maximum liability for downtime in any
month is the charge levied for the month.
If you wish to use FindinSite-MS in any other way, eg to distribute as a
part of your product, then contact us for licensing.
BACKUP AND TEST
You may have a single working copy of the FindinSite-MS software on each
licensed computer and server and keep a single copy on a backup medium.
As well as a production server, you may also use FindinSite-MS on a single
test server solely for testing purposes.
UPGRADES AND SUPPORT
Purchasing a Personal or Standard license entitles you to upgrades and
support for 12 months from the date of purchase.
You may obtain upgrades from the FindinSite-MS web sites 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 or Standard license 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 to
browsers, servers or the Microsoft Windows operating system.
PURCHASING LICENSE IDS
PHDCC supplies the development kit in electronic form only on the PHDCC
web site. When you purchase a license you only receive a license id.
This will enable the full features of the software and enable use of
the runtime as defined in this license.
You do not receive a physical copy of the software.
For purchases direct from PHDCC, the license is invalid until PHDCC has
received the agreed payment in full.
You may not assign or resell your FindinSite-MS license or otherwise make
FindinSite-MS or your id 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 license 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 license id.
You must put the FindinSite-MS runtime redistributable files on your web site
in their entirety as directed in the documentation.
You may redistribute the current FindinSite-MS Free license development kit,
provided it is distributed in its entirety. Please inform PHDCC so we
know who to inform for updates.
PHDCC may cancel this license 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-MS licenses are non-exclusive.
This text represents the entire agreement. In the event that any terms
of this license are deemed invalid, the remaining terms will still be
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.
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.
1.72 February 2014