This is the legal agreement between you ("Licensee") and Dynamic Web Coding, aka DYN-WEB.COM, and Sharon Paine, author of code at dyn-web.com ("Licensor"). By incorporating dyn-web code into a web site, intranet or software product, or otherwise using dyn-web code, you agree to be bound by all the terms of this license agreement.
This license agreement applies only to the specific Code for which such license is obtained and not to other code from dyn-web.com. Additional licenses must be obtained separately for other code components.
The Code, as well as the related copyrights and intellectual property rights, are the exclusive property of the Licensor. Licensee acquires no title, right or interest in the Code other than the license rights granted herein.
Grant of License
The License includes the following provisions:
- The Licensee may include the Code for which a license has been obtained in web site(s), intranet(s), or software product(s) according to the terms of the type of license purchased (i.e., single domain, multi-domain, unlimited) for as long as they like, in perpetuity.
- The Licensee may modify, alter, expand the functionality of, or build upon the Code to suit the needs of their web site(s) or applications. However, any alterations made to the code beyond those needed for implementation will not be supported by dyn-web.com. You modify the code at your own risk.
- The Licensee may visit and/or contact dyn-web.com any time within one year of purchase date to obtain any updates, revisions, or new versions of the Code for which they purchased a license.
- The Licensee may not sell or transfer the rights to the Code.
- The Licensee may not remove or alter copyright or other proprietary notices in the Code.
The unlimited license also includes the following provision:
- Although the Licensee is free to distribute and profit from their products which contain or include the Code as a part of their product, they may not redistribute, sell, lease, rent or transfer the rights to the Code itself, except in the case of a merger, acquisition or sale, as noted below (see Miscellaneous).
Disclaimer of Warranty
Since the Code is initially made available free of charge for testing and evaluation, it is up to you, the Licensee, to assess, prior to purchase of a license agreement, whether the Code will suit your needs and work according to your requirements.
DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. DYN-WEB.COM IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
This license and your right to use the Code will terminate immediately, even without notice from Licensor, if you fail to comply with the terms and conditions of this license agreement. Upon termination, you agree to cease all use of the Code and destroy all copies of the Code in your possession. This is in addition to and not in lieu of any criminal, civil or other remedies available to Licensor.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
Licensee may not assign or otherwise transfer by operation of law or otherwise this license agreement or any rights or obligations herein except in the case of a merger, acquisition or sale whereby all or substantially all of Licensee's assets become the property of another entity.