Terms and License

License, Terms of Use and Other Policies
Benefits of Purchasing a License
Types of Licenses
License Agreement

The License, Terms of Use and Other Policies
The License Agreement specifies the legal provisions of the license. Be sure to read it carefully, in addition to our Terms of Use and Policies. Keep copies for your records.
During the licensing process you will be asked to verify that you have read, understand and agree to our policies and terms.

Licensing Code
Several of PDD-CMS code listings require purchase of a license for commercial use. The License Price List and Order Form lists which code requires a license for use. Code not included in this list is provided free of charge for all uses.

Benefits of Purchasing a License
Purchase of a license to use specific code includes the following benefits:

• You are entitled to use that code in accordance with the terms of that license (see Types of Licenses below) for as long as you like, in perpetuity.
• The license includes email support for that code within 90 days of purchase. You are entitled to any updates, revisions and new versions of that code for life of the project.

Types of Licenses
License fees vary with the code and scope of the license. The types of licenses are described below. The License Price List and Order Form lists the cost for code and license type.

• Multi-Domain License - You can use this on all of the domains that you own
• Developer's License - This license is required if you plan to incorporate the specified code in software products. This license allows the purchaser to include the code in an unlimited number of distributed applications, as well as on an unlimited number of sites and intranets.

License Upgrades
You may upgrade to a Developer's license at any time within one year of date of purchase of the original license. Payments made for multi-domain licenses can be applied toward the price of any of these licenses contact pdumelle@pdd-cms.com.
Just let us know any time you would like to upgrade.

This is the legal agreement between you ("Licensee") and PD Design Inc, author of code at  PDD-CMS.com ("Licensor"). By incorporating PDD-CMS code into a web site, intranet or software product, or otherwise using PDD-CMS code, you agree to be bound by all the terms of this license agreement.
This license agreement applies only to the specific Code[1] for which such license is obtained and not to other code from PDD-CMS.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.

Licensor grants Licensee, upon acceptance of payment of the License Fee, a non-exclusive, non-transferable license to use the Code according to the terms stated in this document and in Terms of Use. The amount of the license fee varies with the Code and proposed use.
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, reseller, unlimited corporate, or developer) 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[2].

The developer's 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).

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.