dtSearch License and Notices

dtSearch License Agreement

dtSearch is a registered trademark of dtSearch Corp. All other brand and product names are trademarks of their respective holders.

1. 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 supersede and override any other terms relating to this software, including without limitation, terms provided to DTSC in a purchase order or terms relating to a reseller transaction. 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.

2. LICENSE SCOPE. DTSC licenses the relevant portion of the "dtSearch" software product line in object form (hereinafter "the software") as follows, depending on the specific purchase by Licensee:

dtSearch Desktop with Spider: use by a single individual. The single individual may use the dtSearch Desktop application on up to two computers, 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 does not include access to the developer API.

dtSearch Network with Spider: use by up to the specified number of computers in a single organization. Pricing is non-concurrent. A 5-user license covers use by up to 5 individual users on up to 5 computers. Pricing also works as volume licensing. For example, a 100-user license could cover up to 100 laptops and up to 100 individual users. A single individual using multiple computers counts as multiple users. In a terminal server environment, each terminal server user counts as a separate user. This product is an end-user application only and does not include access to the developer API.

dtSearch Publish: covering the creation of up to 250 "search-only" (i.e. without providing end-user indexing capabilities) CD/DVDs or other portable media containing a single identical content. The publisher may distribute the portable media to up to 250 total users, operating in an individual-usage capacity; the media 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) (single-server package) : unlimited use on one single physical servermachine for a single-server package. Each physical machine, including all Lload balancing servers, backup, servers, testing and servers, and development machines servers in use after the 30-day evaluation period, all count as additional “servers” for licensing. Technical support for this package does not cover C++, Java, .NET, COM and other developer APIs.

dtSearch Engine for Win & .NET, three-server package (with option to add additional servers beyond three on a “per server” basis): unlimited use on up to three physical machines (or more if additional servers are licensed on a “per server” basis) in a single organization for the Windows and .NET platform. Package also includes the dtSearch Web with Spider as an IIS server-based deployment option.

 Each physical machine, including all load balancing, backup, testing and development machines in use after the 30-day evaluation period, all count as additional “servers” for licensing.

 When the dtSearch Engine is deployed in a remote cloud-based environment like Microsoft Azure, each virtual machine instance is considered to be a separate server.

 Alternatively, if instead of running in a server-based environment, the dtSearch Engine is programmatically embedded in a single custom application, running solely in a client-executing environment (embedded in an application that responds to user input from the same computer where the program is running), then a three-server dtSearch Engine license may be used on up to 75 client machines in a single organization, including one machine allocated for development purposes.

 Other usage of the dtSearch Engine may be authorized in accordance with a signed license agreement with DTSC.

dtSearch Engine for Linux three-server package package (with option to add additional servers beyond three on a “per server” basis): unlimited use on up to three physical servers (or more if additional servers are licensed on a “per server” basis) in a single organization for the Linux platform option.

 Each physical server on which the dtSearch Engine is loaded counts as a “server” for licensing purposes, including all load balancing servers, backup servers, testing servers, and development servers in use after the 30-day evaluation period.

 When the dtSearch Engine is deployed in a remote cloud-based environment like Microsoft Azure, each virtual machine instance is considered to be a separate "server".

 Other usage of the dtSearch Engine may be authorized in accordance with a signed license agreement with DTSC.

3. 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. Using an evaluation version in a product advertised, sold, or otherwise provided to end-users is an express violation of the terms this evaluation usage license.

License sections below on "Upgrades" and "Technical Support" do not apply to products provided for evaluation.

4. GUARANTEE. The software, if purchased, comes with a 30-day money-back satisfaction guarantee from the Date of Agreement (defined below). If you are dissatisfied with the software, you may return it to DTSC for a refund up to 30 days from the Date of Agreement.

5. TECHNICAL SUPPORT. Technical support for dtSearch Desktop with Spider and dtSearch Network with Spider: 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 with Spider: 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 covers the dtSearch Web with Spider application only, and does not cover C++, Java, .NET, COM and other developer APIs.

Technical support for dtSearch Text Retrieval Engine and dtSearch Publish: 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.

6. 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 or Linux X86 and X64 platforms, 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.

7. 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.

8. 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.

9. 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 certain dtSearch developer products, THE SOFTWARE DOES NOT INCLUDE SOURCE CODE OR ANY RIGHTS THERETO, INCLUDING SOURCE CODE TO ANY DLLs OR OTHER EXECUTABLE COMPONENTS.

10. 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 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.

11. 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.

To the extent permitted by applicable law, UNDER NO CIRCUMSTANCE MAY DTSC'S TOTAL LIABILITY TO LICENSEE UNDER ANY LEGAL THEORY OR CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING UNDER TORT, CONTRACT, COPYRIGHT, BREACH OF WARRANTY, OR PATENT LAW, AND WHETHER ARISING AS A RESULT OF THE USE OF ANY VERSION OF THE LICENSED SOFTWARE BY LICENSEE OR USE BY ANY OTHER PERSON OR ENTITY, EXCEED THE LESSER OF THE LICENSE FEE OR THE AMOUNT PAID TO DTSC BY LICENSEE DURING THE ONE (1) YEAR PERIOD PRIOR TO THE FILING OF THE CLAIM.

Any liability of DTSC to Licensee for any claims arising from this agreement or use of any version of the licensed software shall expire one (1) year from the earlier of the date of purchase of the licensed software or the Date of Agreement.

All disclaimers of warranties in this section shall also apply to officers, directors, employees, authorized resellers, agents, affiliates, and suppliers of DTSC, and, to the extent permitted by applicable law, all such parties shall have no liability whatsoever to Licensee for any of the causes of action covered by this section, and Licensee further agrees not to seek indemnification or damages from any such parties.

12. OTHER TERMS

12.1 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.

12.2 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."

12.3 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.

12.4 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 may 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.

The software is subject to the export control laws and regulations of the United States. Licensee agrees that: it will not export the software to any country, person or entity subject to U.S. export restrictions; it will not export the software to any country to which the U.S. has embargoed or restricted the export of goods or services (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria); it will not export the software to any national of any such country who intends to transmit or transport the software back to such country; it will not export or transfer the software to any entity that an agency of the U.S. government has prohibited from participating in U.S. export transactions. For purposes of the foregoing, "the software" includes any portion of the licensed software, and "export" includes re-export.

12.5 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.

12.6 CHOICE OF LAW. This agreement will be governed by and construed in accordance with the laws of the State of Maryland, without regard to the conflict of law rules of any jurisdiction, including the State of Maryland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

12.7 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.

12.8 VENUE. In the event that for any reason an action is brought (notwithstanding the arbitration remedies set forth above) relating to this license agreement or use of the Licensed Software or any related matter between the parties, the venue for such action shall be the court with jurisdiction over the matter that is located in the State of Maryland or the District of Columbia and that is geographically closest to Bethesda, Maryland.

12.9 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.

Notices and Acknowledgements

WordNet Notice. The thesaurus in dtSearch is based on the WordNet thesaurus developed at Princeton University. Princeton copyright information appears below. For more information on the WordNet project, see www.cogsci.princeton.edu/~wn

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.

Unicode Notice. dtSearch includes data based on the Unicode Standard, which is published by the Unicode Consortium, www.unicode.org.

DISCLAIMER. The Unicode Character Database "UNIDATA2.TXT" is provided as-is by Unicode, Inc. (The Unicode Consortium). No claims are made as to fitness for any particular purpose. No warranties of any kind are expressed or implied. The recipient agrees to determine applicability of information provided. If this file has been purchased on magnetic or optical media from Unicode, Inc., the sole remedy for any claim will be exchange of defective media within

90 days of receipt. This disclaimer is applicable for all other data files accompanying the Unicode Character Database, some of which have been compiled by the Unicode Consortium, and some of which have been supplied by other vendors.

LIMITATIONS ON RIGHTS TO REDISTRIBUTE THIS DATA

Recipient is granted the right to make copies in any form for internal distribution and to freely use the information supplied in the creation of products supporting the Unicode (TM) Standard. This file can be redistributed to third parties or other organizations (whether for profit or not) as long as this notice and the disclaimer notice are retained.

Disclaimer. The Unicode Character Database is provided as is by Unicode, Inc. No claims are made as to fitness for any particular purpose. No warranties of any kind are expressed or implied. The recipient agrees to determine applicability of information provided. If this file has been purchased on magnetic or optical media from Unicode, Inc., the sole remedy for any claim will be exchange of defective media within 90 days of receipt. This disclaimer is applicable for all other data files accompanying the Unicode Character Database, some of which have been compiled by the Unicode Consortium, and some of which have been supplied by other sources.

Limitations on Rights to Redistribute This Data. Recipient is granted the right to make copies in any form for internal distribution and to freely use the information supplied in the creation of products supporting the UnicodeTM Standard. The files in the Unicode Character Database can be redistributed to third parties or other organizations (whether for profit or not) as long as this notice and the disclaimer notice are retained. Information can be extracted from these files and used in documentation or programs, as long as there is an accompanying notice indicating the source.

Adobe CMAP Notice. dtSearch includes redistributable cmap files from Adobe. Redistribution terms for each cmap file are included in the text of the cmap file.

Boost Notice. dtSearch includes components from the Boost Library in compiled form. For information on Boost, see http://www.boost.org/.

Boost Software License - Version 1.0 - August 17th, 2003

Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:

The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE,

ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

ZLIB Notice. dtSearch uses the zlib library for some decompression functions. The zlib copyright notice appears below. For more information on zlib, see http://zlib.net

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.

UNRAR Notice. dtSearch uses UnRAR source code for some decompression functions. The UnRAR copyright notice appears below. For more information on RAR, see www.rarlab.com

The source code of UnRAR utility is freeware. This means:

1. All copyrights to RAR and the utility UnRAR are exclusively owned by the author - Alexander Roshal.

2. The UnRAR sources may be used in any software to handle RAR archives without limitations free of charge, but cannot be used to re-create the RAR compression algorithm, which is proprietary. Distribution of modified UnRAR sources in separate form or as a part of other software is permitted, provided that it is clearly stated in the documentation and source comments that the code may not be used to develop a RAR (WinRAR) compatible archiver.

3. The UnRAR utility may be freely distributed. It is allowed to distribute UnRAR inside of other software packages.

4. THE RAR ARCHIVER AND THE UnRAR UTILITY ARE DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.

5. Installing and using the UnRAR utility signifies acceptance of these terms and conditions of the license.

6. If you don't agree with terms of the license you must remove UnRAR files from your storage devices and cease to use the utility.

Ultimate Grid Notice. dtSearch Desktop uses the Ultimate Grid control from the the CodeProject web site, http://www.codeproject.com/KB/MFC/UltimateGrid.aspx.

License terms for this control are here:

http://www.codeproject.com/info/cpol10.aspx

[09/02/2010]