dtSearch License and Notices

dtSearch PDF Search Highlighter Plug-in

for Adobe Reader and Adobe Acrobat

License Agreement

The dtSearch PDF Search Highlighter Plug-in for Adobe Reader and Adobe Acrobat (the “plug-in”) is designed for use with Adobe Reader and Adobe Acrobat versions X, XI, and DC to enable highlighting of search hits in PDF files. The highlighting function implemented by this software depends on interoperation with your web browser, Adobe Reader or Adobe Acrobat software, and the web site software implementing search highlighting. A change in behavior by any one of these components can prevent the highlighting function from working.

Subject to the deployment instructions and the terms of the license agreement below, the plug-in is free. A user can download and install the plug-in on any number of computers within the user’s organization. The plug-in may be used with any product or web site that implements PDF hit highlighting -- not just products or web sites that use dtSearch products or the dtSearch Engine.

Due to Adobe licensing requirements, the plug-in must be deployed using the installer provided by DTSC and must be distributed only from the dtSearch web site. Adobe Reader plug-ins can only be created using a digital signature issued by Adobe, which dtSearch Corp. must renew each year with permission from Adobe. On each renewal, the plug-in must be updated with a new digital signature. Both the renewal and the digital signature are subject to Adobe's discretion.

dtSearch is a registered trademark of dtSearch Corp. All other brand and product names are trademarks of their respective holders.

1. LICENSE AGREEMENT. This is a legal agreement ("Agreement") between you ("Licensee," either an individual and/or an entity) and dtSearch Corporation (hereinafter "DTSC"). BY INSTALLING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. With the sole exception of a mutually signed agreement between DTSC and Licensee that specifically identifies this Agreement and specifically overrides this present Agreement, this Agreement shall fully supersede and override any other terms relating to this plug-in. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DTSC IS UNWILLING TO LICENSE THIS PLUG-IN TO YOU.

2. LICENSE SCOPE.

The licensed software is the dtSearch PDF Search Highlighter Plug-in for Adobe Reader and Adobe Acrobat, which includes the plug-in and associated documentation, installation, and configuration software (hereinafter the “plug-in” or the “licensed software”). The licensed software must be deployed using the installer provided by DTSC and must be distributed only from the dtSearch web site. The licensed software is provided at no charge, and you may use it on any number of computers within your organization. As noted above, future availability of the licensed software is at Adobe’s discretion.

3. TECHNICAL SUPPORT. The plug-in is provided at no charge and without technical support. DTSC customers who have purchased other DTSC software products (“purchased products”) that interoperate with the plug-in shall receive technical support according to the terms of the license agreement for the purchased products.

4. GENERAL USE LIMITATIONS. Except as explicitly permitted pursuant to this Agreement, LICENSEE MAY NOT COPY, REPRODUCE, SUBLICENSE, SELL OR OTHERWISE DISTRIBUTE THE SOFTWARE.

5. NO SOURCE CODE. The licensed software is the applicable above-mentioned version of the plug-in in object form. The licensed software does not include source code or any rights thereto, including source code to any DLLs or other executable components.

6. PROHIBITION ON REVERSE ENGINEERING, ETC. Licensee or any other party is strictly prohibited from reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or other underlying algorithms of the software (hereinafter "reverse engineering"). Licensee or any other party shall further not modify, adapt, translate or create derivative works based on the software. The parties acknowledge that Licensee's usage of dtSearch products is intended to be on a strictly non-exclusive basis, and Licensee hereby agrees not to use any reverse engineering of the licensed software, or information derived from reverse engineering of the licensed software, as a basis for or in support of any intellectual property claim against DTSC involving the licensed software or other dtSearch products, or against DTSC customers with respect to the same.

7. LIMITATIONS ON WARRANTY AND LIABILITY. The software is provided AS IS. To the extent permitted by applicable law, ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. DTSC and its suppliers do not and cannot warrant the performance or results Licensee or Licensee's end-users may obtain by using the software. Further, the licensed software operates in combination with web browsers, Adobe Reader or Adobe Acrobat, and other software outside the control of DTSC that may be present on Licensee’s computer, and DTSC shall have no liability for any security breaches or vulnerabilities that may result from such combination.

IN NO EVENT SHALL DTSC BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, including lost profits, lost savings, lost opportunities or other incidental or consequential damages arising out of the use of or inability to use the software, even if DTSC has been advised of or should have known of the possibility of such damages.

To the extent permitted by applicable law, UNDER NO CIRCUMSTANCE MAY DTSC'S TOTAL LIABILITY TO LICENSEE UNDER ANY LEGAL THEORY OR CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING UNDER TORT, CONTRACT, COPYRIGHT, BREACH OF WARRANTY, OR PATENT LAW, AND WHETHER ARISING AS A RESULT OF THE USE OF ANY VERSION OF THE LICENSED SOFTWARE BY LICENSEE OR USE BY ANY OTHER PERSON OR ENTITY, EXCEED THE AMOUNT DIRECTLY PAID TO DTSC BY LICENSEE FOR DTSEARCH SOFTWARE PRODUCTS DURING THE ONE (1) YEAR PERIOD PRIOR TO THE FILING OF THE CLAIM.

Any liability of DTSC to Licensee for any claims arising from this agreement or use of any version of the licensed software shall expire one (1) year from the Date of Agreement.

All disclaimers of warranties in this section shall also apply to officers, directors, employees, authorized resellers, agents, affiliates, and suppliers of DTSC (expressly including Adobe), and, to the extent permitted by applicable law, all such parties shall have no liability whatsoever to Licensee for any of the causes of action covered by this section, and Licensee further agrees not to seek indemnification or damages from any such parties.

8. OTHER TERMS

8.1 DATE OF AGREEMENT. The "Date of Agreement," as used herein and in all previous and subsequent sections, shall be the day that Licensee first installs, downloads or otherwise receives (whichever comes first) the licensed software.

8.2 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between DTSC and Licensee relating to the plug-in, superseding all previous agreements, and may not be amended other than by a written agreement. With the sole exception of a mutually signed agreement between DTSC and Licensee that specifically identifies this Agreement and specifically overrides this present Agreement, this Agreement shall fully supersede and override any other terms relating to this plug-in.

8.3 LIMITATION ON TRANSFER OF INTELLECTUAL PROPERTY RIGHT IN THE SOFTWARE. The software is owned by DTSC and its suppliers, and its structure, organization and code are the valuable trade secrets of DTSC and its suppliers. The software is also protected by the United States Copyright law and International Treaty provisions. Licensee may not copy the software, except as provided in this Agreement. Any copies that Licensee is permitted to make pursuant to this Agreement must contain the same copyright, license agreement, and other proprietary notices that appear on or in the software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give Licensee any rights of ownership in the trademark. Except as explicitly stated above, this Agreement does not grant any intellectual property rights in the software.

8.4 INTERNATIONAL LAW AND EXPORT. This Agreement will not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded.

The software may not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

The software is subject to the export control laws and regulations of the United States. Licensee agrees that: it will not export the software to any country, person or entity subject to U.S. export restrictions; it will not export the software to any country to which the U.S. has embargoed or restricted the export of goods or services (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria); it will not export the software to any national of any such country who intends to transmit or transport the software back to such country; it will not export or transfer the software to any entity that an agency of the U.S. government has prohibited from participating in U.S. export transactions. For purposes of the foregoing, "the software" includes any portion of the licensed software, and "export" includes re-export.

8.5 NO WAIVER. The failure to immediately enforce any provisions, rights or remedies under this Agreement shall not constitute a waiver by the party failing to enforce such provision, even if the party failing to enforce such provisions, rights or remedies is aware of the other party's contractual breach.

8.6 CHOICE OF LAW. This agreement will be governed by and construed in accordance with the laws of the State of Maryland, without regard to the conflict of law rules of any jurisdiction, including the State of Maryland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

8.7 ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Emergency Interim Relief Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) shall be licensed to practice law in the State of Maryland with an expertise in software copyright law, and shall apply the laws of the United States and of the State of Maryland, and the terms of this Agreement. The place of arbitration shall be Bethesda, Maryland. All awards shall be made within three months of the filing of the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by agreement of the parties or by the arbitrator(s) if necessary. The arbitrator(s) may determine how the costs and expenses of the arbitration shall be allocated between the parties, but shall not award attorneys' fees. The arbitration remedies set forth above shall be the parties’ sole remedies for breach of this Agreement, or any matters covered by this Agreement.

8.8 VENUE. In the event that for any reason an action is brought (notwithstanding the arbitration remedies set forth above) relating to this license agreement or use of the Licensed Software or any related matter between the parties, the venue for such action shall be the court with jurisdiction over the matter that is located in the State of Maryland or the District of Columbia and that is geographically closest to Bethesda, Maryland.

8.9 If any portion of this Agreement is found to be invalid, the remainder shall continue in force. This Agreement shall remain in effect even if the software is uninstalled or deleted after installation.

8.10 ADOBE TERMS. In addition to the foregoing disclaimers of liability, DTSC specifically disclaims all liability on behalf of Adobe for the use of the licensed software. Adobe shall have no responsibility for update or technical support relating to the plug-in. Adobe, Adobe Reader, and Adobe Acrobat are registered trademarks of Adobe Systems Incorporated (“Adobe”).

[10/29/2020]