DigiFlow v2.0 Licence Agreement
Dalziel Research
Partners,
142 Cottenham Road, Histon, Cambridge CB24 9ET, England
1. Agreement. Installation of part or all of the software suite known as DigiFlow, or any system derived from DigiFlow, is deemed to indicate agreement with the terms and conditions of this licence.
2. Parties. This agreement is between Dalziel Research Partners, the software Developer and copyright holder, and the person, company or institution installing or using the software, the Customer. For a company or institution, it is the responsibility of the management of the company or institution to ensure all Users of DigiFlow are aware of and adhere to the terms of this agreement.
3. Definition. DigiFlow comprises the DigiFlow executable files, support files, documentation files, configuration files, and other utilities supplied with the system, and any source code, object code, libraries and documentation associated with or supplied with the system.
4. Types of Licence. Three types of licence are available for DigiFlow. A Commercial Licence is valid for a single microcomputer, providing users of that machine with access to all of DigiFlow’s features and user support. A Site Licence is available to institutions requiring DigiFlow to be installed on a number of microcomputers, giving each machine the same level of functionality as the Commercial Licence. A Free Licence is valid for a single microcomputer and has restricted functionality and more limited support.
5. Licence Key. The Licence Key is the numeric code that controls the use of DigiFlow on a given computer. Licence Keys for Commercial, Site and Free Licences take a different form and are not interchangeable. For Commercial and Free Licences, the Licence Key is tied into the hardware found in the microcomputer for which it was generated. The Customer must inform the Developer if they wish to transfer a Free or Commercial Licence for DigiFlow from one computer to another, or if the network card is changed or removed. The Developer will then issue a new Licence Key for the new computer. Site Licences are keyed into the network structure in the licensed institution.
6. Right of use. With the provision of a Licence Key and upon the payment of any required fee, the Developer grants the Customer, a non-transferable and nonexclusive licence to use DigiFlow on a single microcomputer within the premises of the Customer. The software may be transferred to a different microcomputer, with the Customer's premises, only after it has been removed completely from any machine on which it was installed previously. The same rights apply for holders of a Site Licence, except that DigiFlow may be installed simultaneously on an unlimited number of microcomputers owned by the Customer and within the Customer’s premises. Site licences may not be used to install DigiFlow on microcomputers not owned by the Customer, or located on sites not belonging to the Customer.
7. Use off site. DigiFlow, or any software developed using the DigiFlow Development System, may not be used outside the premises of the Customer without the express prior written consent from the Developer. The exception to this rule is that use during brief field studies (lasting no more than four weeks in a twelve month period), for demonstration and presentation purposes is permitted.
8. Revocation. The Developer reserves the right to revoke the Licence if the Customer fails to meet any of the terms under which the software is supplied.
9. Copyright. The copyright of DigiFlow, and all its components and manuals, is owned by the Developer. Copyright of certain third party and/or open source libraries used by DigiFlow remains with the developers of those libraries. Copies of the software and documentation may be made for backup purposes. Additionally, copies may be made of the manuals for the purposes of training and use of DigiFlow provided such copies retain their original copyright declaration.
10. Reverse engineering. The Customer may not decompile, disassemble or otherwise reverse engineer any component of DigiFlow. Further, the customer must not attempt to break, bypass or disable the licence key system controlling the use of DigiFlow.
11. Transfer of Ownership. The Customer may not sell DigiFlow or any code developed under the system without prior consent from the Developer. The Customer may, however, distribute images processed by DigiFlow and any DigiFlow dfc macro code developed by the Customer without restriction.
12. Other Copies. All the terms of this licence apply equally to the original supplied version of DigiFlow, to any upgrades or updates to the DigiFlow, or to subsequent systems derived from DigiFlow, or documentation which may be supplied from time to time by the Developer, and to any copies made of DigiFlow or its updates under the terms of this licence.
13. Limited Warranty. The Developer guarantees holders of Commercial and Site Licences that DigiFlow will perform substantially in accordance with the accompanying documentation. No such guarantee exists for holders of Free Licences. The Developer disclaims all other warranties either express or implied.
14. Period. The period for the stated and any implied warranty is limited to 90 days from receipt of a Commercial or Site Licence for DigiFlow. Updates or upgrades to DigiFlow outside this period carry no warranty.
15. Consequential Damages. Neither the Developer nor their suppliers shall not be liable for any damages whatsoever arising out of the use, misuse or inability to use DigiFlow or any updates or upgrades to this system.
16. Support. User support for holders of Commercial Licences will be provided by the Developer free of charge for the first year following receipt of the System. This support will normally consist of a combination of electronic, written and verbal communication; e-mail is the medium of preference for most support issues. On-site training is not included. The Developer reserves the right to alter the precise nature and scope of this support. Support for users with Free Licences is at the discretion of the Developer.
17. Upgrades. The Developer undertakes to make available, free of charge, any upgrades or updates to DigiFlow released by the Developer during the first year after the receipt of a Commercial or Site Licence, provided the appropriate licence fee has been paid. This undertaking does not imply that Developer is obligated to modify DigiFlow in any way, or release any modifications made to DigiFlow.
18. Expiration. Licence Keys for Commercial and Site Licences of DigiFlow are perpetual for the version of DigiFlow for which they were issued. The Developer, however, reserves the right to change the licence key mechanism in future versions of DigiFlow in a way that may render invalid Licence Keys from earlier versions. In such cases, Holders of Commercial and Site Licences within their upgrade period will be entitled to a new Licence Key.
19. Limits for Free Licences. The functionality of DigiFlow is restricted with a Free Licence. The limits imposed and scope of these restrictions may change from build to build and version to version of DigiFlow. A Free Licence is not perpetual, but will only provide access to DigiFlow within one year of the build date of the copy of DigiFlow being used. Installation of a newer build of DigiFlow may be used to extend the validity of a Free Licence. However, the Developer also reserves the right to discontinue the issue of Free Licences and place time-limits on such keys.