PC Enforcer : License

Introduction

In the text below PC Enforcer will be referred to simply as Enforcer

So far as the author is aware, Enforcer is an entirely original product. No infringement of intellectual property rights will be tolerated. This includes reverse engineering. This also includes reproducing functionality from scratch.

Enforcer is a program module and toolkit designed to provide time-limited evaluation of programs whilst protecting the copyright of those programs. Enforcer is provided for use by developers only. It is NOT a consumer product.

In the text that follows, the copyright owner of Enforcer (currently James Douglas Holden Turner) shall be referred to as the Author. Cathonian Ventures Ltd., being the appointed agent of the Author, shall be referred to as the Licensor. Any party that evaluates or deploys Enforcer shall be referred to as the Developer. Any party that uses a program that employs Enforcer shall be referred to as the User. Collectively, one or more such parties shall be referred to as Users. This agreement shall be referred to as the License. The License has three major paragraphs headed The Common License, The Evaluation License and the The Deployment License. Each major paragraph contains subparagraphs which may be referred to as clauses.

All parts of the License are written in plain English, not Legalese.
The Common License applies to both evaluation and deployment of Enforcer.
The Evaluation License applies when the Developer requests a copy of Enforcer for evaluation.
The Deployment License shall only apply if the Developer chooses to deploy Enforcer with other program code.
The Deployment License included herein is provided only as a guide since the Developer is free to negotiate terms with respect to deployment. However, some clauses may protect the rights of Users. Such clauses may be subject to clarification but will not be negotiated away. Enforcer is designed to protect the rights of the Developers, but it may not be used to deny the rights of Users.

1. The Common License

This license shall be governed by the laws of England.
Unless all parties agree otherwise, all disputes will be heard within England.
No conversation, whether recorded or not, shall form any part of the License.
No email, whether digitally signed or not, shall form any part of the License.
The License shall not convey any obligation or liability upon the Author.
A detailed description of Enforcer, may be found at the web site http://www.skaro.net However, no part of any descriptive material found therein shall form any part of the License.
Enforcer may be provided free of charge to developers for the purpose of evaluation. Requesting a copy of Enforcer for evaluation shall be deemed as acceptance in full of all terms of the License except those terms under the paragraph headed The Deployment License.
The Developer must not use any knowledge of Enforcer to undermine any other developer that uses Enforcer. If any Developer should do so, the maximum possible technical assistance may be given by the Licensor to any injured party attempting to seek compensation by law.
Enforcer will always display a splash-screen when it initialises. This will include, in bold print, the word Enforcer in a fully licensed copy and the words Enforcer DEMO in a copy provided for evaluation. The Developer may not incorporate any feature into any program that has the effect of suppressing, hiding or altering this splash-screen in any way.
Demo copies of Enforcer provided for evaluation may not be distributed with programs under any circumstances whatsoever.
When the License terminates, all materials provided by the Licensor and all duplicates, electronically stored or otherwise, must be destroyed by the Developer.
The Developer must not modify Enforcer in any way.
The Developer shall be entirely responsible for ensuring that all Enforcer code is free from virus infection. A virus shall be considered to be any code fragment created with malicious or humorous intent or intent to gather information covertly.
If a fault in Enforcer is discovered, the Developer must notify the Licensor immediately. This includes the discovery of any virus infection whether the source of the infection is known or not.

2. The Evaluation License

The Developer may not evaluate Enforcer with any intention other than deploying it with other programs. In particular, if the Developer has a similar product under development, the Developer may not evaluate Enforcer with a view to improving that product with technological ideas from Enforcer. If a Developer has a similar product under development, Enforcer must not be evaluated at all.
The Developer must not distribute any material, electronically stored or otherwise, provided by the Licensor without written permission. Nor shall the Developer allow any such materials to be viewed or duplicated by persons not party to the License.
Whilst there is no absolute limit on the period of evaluation, the Developer must notify the Licensor immediately after a decision is taken not to use Enforcer. At this time, the License shall be considered terminated.
The Licensor may terminate the License during evaluation without notice. In this case, the Developer shall not be entitled to any compensation.

3. The Deployment License

No contract or license shall be deemed to exist between the Licensor and any party other than the Developer as a result of the License. In particular, no contract shall be deemed to exist between the Licensor and the User or Users.
The responsibility for testing and establishing that Enforcer performs the functions claimed of it lies entirely with the Developer. In distributing Enforcer with programs, the Developer assumes all liability resulting from faults in Enforcer.
The Developer must not distribute any copy of Enforcer that it knows to be faulty without written permission from the Licensor.
A Language File is a text file that contains a lookup-table of message strings used to translate Enforcer dialogs, etc. Copyright must be waived on all Language Files created by the Developer for use with Enforcer. Similarly, copyright must be waived on translations of help files. Copies of all such translated files must be sent to skaro.net
The Developer is entirely responsible for technical support to Users with respect to Enforcer.
Whilst every effort shall be made to fix any faults that are discovered, once the License is signed in accordance with normal legal practice, it will be considered binding irrespective of faults that are subsequently discovered. The only exception to this shall be that the Developer may terminate the License if it can be proven that a deliberate time-delayed fault exists within the Enforcer code (a so-called "time bomb").
An Exclusion Period shall apply. This shall start on the day the License is signed and shall end three years after the date of termination of the License. During this Exclusion Period the Developer must not
- start to develop, or continue development of, any product similar to Enforcer.
- attempt to replicate the functions of Enforcer in any program code for any product.
Unless a royalty-free license is entered into, the Developer shall make available any marketing facts and figures that are required to verify that royalty payments are made in full. Such figures must be made available within two weeks of written request. Such figures must also be supplied routinely every three months. If it can be proven in court that any royalties were withheld either deliberately or as a result of negligence, the penalty shall be not less than TEN times the amount withheld. Royalty payments must be made monthly (or by special permission, quarterly) beginning not later than three months from the commencement date of the License.
The Developer must not use Enforcer in any manner that might be considered illegal. The Developer must supply copies of all programs that employ Enforcer to the Licensor together with all necessary pass-codes and documentation required for unlimited testing. The Developer must ensure that no program that employs Enforcer can damage any computer installation.
The Developer may not use Enforcer to coerce payments from Users. For instance, when the evaluation period of an upgrade expires, if the program was previously registered, files created or modified by the upgrade must remain accessible to the User. Similarly, if file conversion filters are provided to import files created by other programs, export filters must be accessible after expiry to convert files to the earlier format. This applies even if the User is unaware that filters are employed to convert files.
In the event of a breach of the License by the Developer, the Licensor shall have the right to terminate, suspend or modify the License immediately. After termination, or during suspension of the License, distribution of any part of Enforcer by any means shall be considered a breach of copyright and may result in prosecution.
After termination of the License, all royalty payments that become outstanding must be paid to the Licensor immediately.