WebDev: License

BY DOWNLOADING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE, INCLUDING A COPY OF YOUR RECEIPT, FOR A FULL REFUND.

The following terms are in use throughout this Agreement:

"DMC" means Douglas MacKenzie Consultants Limited, a private limited company incorporated under the Law of Scotland and having offices a registered office at Gilmerton/Crieff, Perthshire, Scotland, and its subsidiaries world-wide.
"Software" means the executable code, libraries, databases, digitally encoded images and digitally encoded documentation included in the various releases of WebDev, including code for both PHP-compatible servers and Windows-based clients, a software tool to automate the creation of World Wide Web sites, whether distributed on diskette, tape or CD-ROM from DMC, or from a third party, or downloaded from the Internet or other electronic networks.
"Client Software" means the Windows version of the software used for creating, editing and testing Web-sites locally.
"Server Software" means the software used to store and publish the Web-site on a PHP-compatible server.
"Documentation" means all text-based material, whether in printed or electronic form, accompanying the Software or describing it and its operation and available for download from the DMC Web site or from third parties.

WEBDEV END USER LICENSE AGREEMENT

PART I - TERMS APPLICABLE TO USERS OF WEBDEV FREE VERSION FOR WHICH NO LICENCE OR OTHER FEES HAVE BEEN PAID TO DMC

DMC grants you a non-exclusive license to use the Software free of charge if

(a)	you are a student, faculty member or staff member of a not-for-profit educational institution
(b)	your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period for use by or on behalf of a commercial entity is limited to 90 days; evaluation use by others is not subject to this 90 day limit. Government agencies of any country are not considered educational institutions for purposes of this Agreement.

If you are using the Software free of charge, you are not entitled to hard-copy documentation, support or telephone assistance. If you fit within the description above, you may use the Software in the manner described in Part III below under "Scope of Grant."

DISCLAIMER OF WARRANTY

Free of charge Software is provided on an "As is" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not DMC assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement.

PART II - TERMS APPLICABLE WHEN WEBDEV LICENCE FEES PAID

GRANT

Subject to payment of applicable licence fees, DMC grants you a non-exclusive license to use the Software and accompanying Documentation in the manner described in Part III below.

LIMITED WARRANTY

DMC warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. DMC does not warrant, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.

DMC further warrants that the media containing the Software, if provided by DMC, is free from defects in material and workmanship and will so remain so for ninety (90) days from the date you acquired the Software.

DMC's sole liability for any breach of this warranty shall be, at DMC's sole discretion:

(i) to replace your defective media; or
(ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or
(iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software.
This is a limited warranty and is the only warranty offered by DMC. No other express warranty is made including warranty of non-infringement of third party rights, merchantability or fitness for a particular purpose.

If any modifications are made to the Software by you during the warranty period; if the media are subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated.

PART III - TERMS APPLICABLE TO ALL LICENCE GRANTS

SCOPE OF GRANT

You may:

use the Server version of the Software on any single computer and the Client version of the Software on any single computer;
use the Software on a network, provided that one licence is purchased for each person using the Client Software over the network
copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices; or

You may not:

permit other individuals to use the Software except under the terms listed above;
permit concurrent use of the Software;
modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software;
copy the Software other than as specified above;
rent, lease, grant a security interest in, or otherwise transfer rights to the Software
remove any proprietary notices or labels on the Software.

TITLE

Title, ownership rights, and intellectual property rights in the Software remain at all times with DMC. The Software is protected by copyright laws and treaties and, in certain cases, by trademark and patent registration.

TERMINATION

The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.

LIMITATION OF LIABILITY

Under no circumstances will DMC, its subsidiaries and authorised resellers, be liable to you or any other person or body for any indirect, special, incidental or consequential loss or damages associated with the use of the software including, but not limited to, computer failure, work stoppage, loss of goodwill, copyright infringement or any other commercial damages.

In no event will DMC be liable to you for any damages in excess of the sum received by DMC from you for a licence to use the software even if DMC shall have been informed of the possibility of such damages.

MISCELLANEOUS

If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement, provided by DMC, whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a written contract executed by both parties. Acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth in this Agreement which shall take precedence over any terms and conditions set out in your purchase order.

If any provision of this Agreement is held to be unenforceable, this shall not affect the validity of any other provisions contained herein. This Agreement shall be governed by the Law of Scotland.