License Agreement for the
User Thesaurus Plus ("Licensed Software") for dtSearch.
By installing this software you (the Licensee) agree to the terms of this License Agreement, if you do not agree then do not proceed with the installation. "Licensor" is dtSearch UK. Registered Office: 27 Shaftesbury Centre, Barlby Road, London W10 6BN. United Kingdom Tel: 0845 299 7307 Fax: +44 (0)207 900 6021 www.dtsearch.co.uk
In the absence of a signed written agreement with dtSearch UK, or if purchased as part of the Language Extension Pack LEP500 series, this Software is licensed for use by a single individual. The single individual may use the software on up to two computers with dtSearch Desktop, so long as the dtSearch Desktop application will be used on both computers exclusively by that individual. This product is an end-user application only and may not be distributed with any other application that uses the dtSearch developer API. If wider distribution is need please upgrade to a Language Extension Pack license.
If purchased with a Language Extension Pack LEP500 series, the license supplied with the Language Extension Pack will apply, including any distribution with an application incorporating the dtSearch Text Retrieval Engine under a license issued by dtSearch Corp.
2.1 The Licensed Software is protected by copyright laws and other international treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold, according to the terms of this License Agreement.
2.2 Licensor grants, and Licensee hereby accepts, an irrevocable, non-exclusive, and world-wide license to use the Licensed Software.
2.3 Except as expressly provided herein, Licensee may not distribute, copy, reproduce, sub-license, sell or otherwise transfer the Licensed Software. Licensee may make backup copies of the Licensed Software strictly for Licensee's archival purposes.
2.4 Licensee may not modify, adapt, translate or create derivative works based on the Licensed Software, with the exception of those Re-distributable files identified as being Modifiable, and only to the extent specified in the documentation accompanying the Licensed Software. Any copies that Licensee is permitted to make pursuant to this License Agreement must contain the same copyright and other proprietary notices that appear on or in the Licensed Software.
2.5 Licensee may not assign or otherwise transfer its rights under this agreement without written permission from the Licensor, which permission shall not be unreasonably withheld, except in the case of a sale of substantially all assets of Licensee's company or the merger or acquisition of Licensee's company into a new company, in which case Licensee may transfer its rights under this agreement to the acquiring party.
3. Maintenance and Support
3.1 Licensor agrees to make available to Licensee any maintenance releases, new and enhanced versions or upgrades of the Licensed Software for a period of one year.
3.2 Licensor agrees to provide technical support via email to a single point of contact designated by the Licensee for a period of one year from the date of this license.
4 Limitations on Warranty and Liability.
4.1 The Licensed 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, except as stated in section 4.4, below, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE OR LICENSEE’S END-USERS MAY OBTAIN BY USING THE SOFTWARE.
4.2 IN NO EVENT SHALL LICENSOR 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 Licensed Software, even if Licensor has been advised of the possibility of such damages.
4.3 UNDER NO CIRCUMSTANCE MAY LICENSOR'S LIABILITY TO LICENSEE, UNDER ANY AND ALL PROVISIONS OF THIS AGREEMENT, EXCEED THE LICENSE FEE.
4.4 To the extent that Licensor remains legally liable to Licensee, such liability shall expire one year from the date of this Agreement.
4.5 Subject to the limitations on liability contained in sections 4.1, 4.2, 4.3, and 4.4 Licensor represents and warrants: that it owns the Licensed Software or has requisite authority to enter into this transaction; that the Licensed Software, when properly used as contemplated herein, will not infringe or misappropriate any copyright, trademark, or the trade secrets of any third persons; and that to the best of Licensor’s knowledge, the Licensed Software does not infringe any patents of third persons.
5.1 The failure to immediately enforce any provisions, rights or remedies under this contract 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.
5.2 This agreement shall be interpreted under English Law.
5.3 Either party may terminate this agreement upon written notice if the other party materially violates any provision of this agreement and fails to remedy such violation within twenty-eight (28) days of receipt of a second written notice thereof, if such violation has not already been remedied following twenty-eight (28) days from receipt of a first written notice thereof. Evidence of delivery of such written notice, by recorded delivery for instance, is required.
5.4 This agreement contains the entire agreement between the parties, superseding all previous agreements. This agreement may not be amended other than by a written agreement.
5.5 If any portion of this agreement is found to be invalid, the remainder shall continue in force.
dtSearch is a registered trade mark of dtSearch Corp. Inc.
dtSearch UK is a trading name of ElectronArt Design Ltd.
©Copyright 1995-2012 Electronart Design Ltd. All Rights Reserved.