Acceptable Use Policy
This Acceptable Use Policy specifies the actions prohibited by Dynamic Concepts, Inc. (Dynamic), and is intended to outline the Acceptable Use(s) of Internet services provided by Dynamic and our affiliates. Dynamic reserves the right to modify this Policy at any time.
Violations of the Dynamic Acceptable Use Policy (AUP) may result in Dynamic taking such actions, including, but not limited to, temporary or permanent removal of content and the immediate suspension or termination of all or a portion of the Customer’s Services, without notice.
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AS WELL AS ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
Dynamic’s networks and services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Customer shall at all times comply with all applicable laws and regulations of the United States of America and all other governmental entities governing, restricting or otherwise pertaining to the use, distribution, exporting or import of data, technical data and/or products and services.
You must comply with the then current bandwidth; data storage and other limitations that may be in effect for the services you have purchased. Consistent use in excess of any such limits may result in the requirement to move to a higher level of service, or a payment for the additional services being used.
Customers shall not utilize Dynamic.s public servers for development or debugging of applications or web sites. Development should largely take place on your computers before being uploaded to the Dynamic network.
SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability. While Dynamic has no obligations to monitor services or network transmissions, Dynamic reserves the right to monitor such services and transmissions from time to time and will investigate incidents involving such violations.
Examples of system or network security violations include, without limitation, the following:
Unauthorized access to, or use of, data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, or Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network, or Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, or Forging of any TCP / IP packet header or any part of the header information in an email posting.
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. Unsolicited mail messages do NOT have to be sent through a Dynamic mail relay to be in violation of this AUP.
A user shall not use another site’s mail server to relay mail without the express permission of the site.
The customer of any server or site hosted on Dynamic’s network is solely responsible for the content of their site, as well as the security of any applications and data stored thereon, and must obtain all required legal permissions for use of such content. Dynamic reserves the right to refuse to post, or, to remove any information or materials, in whole or in part, that, in its sole discretion deems to be offensive, indecent, or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful.
Comments, questions, or concerns should be addressed to: email@example.com
Interim Designation by Service Provider of Agent for Notification of Claims of Infringement.
This notification is made without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512(c), to Dynamic Concepts Incorporated.
Full Legal Name of Service Provider:
Dynamic Concepts Incorporated
Alternative Name(s) of Service Provider (including all names under which the service provider is doing business):
Dynamic, Dynamic Concepts, Dynamic Concepts, Inc., DCI
Address of Service Provider:
16501 Scientific Irvine, CA 92656 USA
Name of agent designated to receive notification of claimed infringement:
Full address of designated agent to which notification should be sent:
Dynamic Concepts Inc.
16501 Scientific Irvine, CA 92656 USA
Telephone number of designated agent:
Facsimile number of designated agent:
Dynamic makes no representations about the suitability of the information contained in the documents published on this Server for any purpose. All such documents are provided “as is” without warranty of any kind. Dynamic hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. In no event shall Dynamic be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this Server.
The documents and related graphics published on this Server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Dynamic may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
Export Restrictions & UniBasic/dL4 License Agreement
This encryption software download license supplements the general terms applicable to any downloaded software. Dynamic Concepts, Inc. (“Dynamic”) software contains encryption technology and subject to export regulations under United States law. The products are eligible for export and subject to License Exception ENC under Sections 740.17(a) and (b)(3) of the export administration regulations of the United States Department of Commerce, Bureau of Industry and Security.
The Export Control Classification for dL4Term, dL4 and UniBasic are: 5D002(C.1)
The Commodity Classification Automated Tracking System (CCATS) numbers are:
• dL4Term: G051176
• dL4 and UniBasic: G052191
You also acknowledge that the software is subject to export restrictions under the Export Administration Act (the “EAR”), and you agree not to export or re-export the software in violation of the rules and regulations of the U.S. Bureau of Industry and Security. Among other things, this software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, any un-authorized country, or any other country subject to U.S. trade sanctions. (See EAR § 738, Supp. 1 for an updated list of unauthorized countries.) This software may not be downloaded or otherwise exported or re-exported to any individuals or entities: (i) which are controlled by such countries, or to nationals or residents of such countries; or (ii) which are listed on either the Bureau of Export Administration’s Denied Parties List or the Treasury Department’s Specially Designated Nationals, Terrorists and Narcotics Traffickers List.
If you do not agree to any of the terms of this agreement you must indicate your choice on the software download page and you may not download, install, or use the software.
License Agreement – Software Selection Number (SSN) & Licensing Agreement
Note: Enter SSN in upper/lower case, with or without spaces and the User Name EXACTLY as shown. For readability, the character set is displayed: Numerics: 0123456789 Alpha characters: AbCdEFGHiJKLMNoPQRsTUVWXYZ (note: b,d,i,o,s)
The Software means Runtime and Development distributions for the Passport software and each software product identified above by product abbreviation, authorized revision, number of users and product options, eg: dL4 6.01+MySQL which authorizes the use of dL4 Version 6.x (or any earlier version of dL4), for 8-users with access to MySQL databases, as defined and limited herein.
Important, Read Carefully: By installing, copying, downloading, activating, or otherwise using The Software, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all such terms and conditions, do not install this SSN. Promptly return the unused Software and all associated materials to Dynamic.
This License Agreement (the “Agreement”) is between Dynamic Concepts Incorporated (“Dynamic”), a California corporation located at 18-B Journey, Aliso Viejo, California, 92656, United States of America, Telephone: + 1.949.215.1200, e-mail: firstname.lastname@example.org and You, the individual, partnership, corporation, LLC, association, or any combination thereof, identified by the User Name above and in possession of The Software (hereinafter referred to as “You,” “Your” or “Customer”).
License: In return for payment of the appropriate licensing fees, Dynamic grants You a limited, nonexclusive license to use The Software in accordance with the terms and conditions set forth herein (the “License”).
Unless the applicable fee(s) are paid to Dynamic and You are in possession of a valid Dynamic-issued Software Selection Number (SSN), this License is void. This License is identified and activated by the combination of the unique license number and SSN above, which may be used to operate the specified, or any earlier, version of The Software provided that The Software is only installed and operated on a single computer system. If this SSN replaces or upgrades another, its issuance terminates all rights to use the replaced or upgraded License and/or SSN. Any operation or use of The Software inconsistent with this License constitutes a misappropriation of The Software and may subject you to License termination, civil penalties and/or criminal prosecution.
Distribution means the bundle of software components compiled and configured for installation of the corresponding Software.
Third-Party Software Means components written by third-parties, licensed by Dynamic and included in The Software. Third-Party Software is: i) c-tree for Indexed Files, ii) CodeBase for FoxPro files, iii) ODBCdL4 server and client, iv) IQ Query and Report Generator, v) Microsoft components for MS/SQL, vi) MySQL components for MySQL and vii) Oracle components for Oracle databases. The license to use Third-Party Software, as well as any data files or databases created, accessed or manipulated using Third-Party Software, is restricted to applications written in, and running under sessions of The Software. Your license must include dynamicXport if you use The Software or Third-Party Software to export data, or share access to databases or data files with other applications not running under sessions of The Software. For example, without a dynamicXport license, you cannot use Microsoft SQL in dL4 to access, create or manipulate databases that are also accessed, created or manipulated by Microsoft applications written for the Internet.
Customer is prohibited from using any portion of The Software or Third-Party Software in any other program without first obtaining written authorization from Dynamic and/or the Third-Party. Customer agrees that any unauthorized use shall be grounds for the immediate termination of this License and may result in claims against You by Dynamic and/or the copyright owner.
User means each and every person, event, application or device capable of: i) causing a session of The Software to operate either briefly, or persistently or ii) accessing data files and databases created, exported, accessed or manipulated using The Software or Third-Party Software.
Concurrent User: A Concurrent User is a person, employed by you and under your control, who launches and interacts with one or more persistent sessions of The Software using a terminal, PC running a terminal emulator or Windows terminal services. Multiple sessions, launched by a single person count as separate Concurrent Users. You are permitted to share the authorized number of users on this license between a larger pool of Concurrent Users on a first come, first served basis, because the Software limits the number of concurrent sessions to the number of users licensed.
Discrete User: A Discrete User is any User other than a Concurrent User. Each must be included in the authorized number of users of each licensed product, regardless of whether their ‘concurrent’ use ever exceeds the number of users authorized and/or enforced by The Software.
Discrete Users include, but are not limited to, (i) all Users other than Concurrent Users, (ii) Users able to directly or indirectly interact with sessions of The Software launched by other applications (eg. web, odbc, cgi, .net, asp or socket connections), iii) Users of applications not written in, and running under The Software that access data files and databases created by, or manipulated using The Software or Third-Party Software and (iv) all Users whenever The Software is installed on a timesharing, SAAS or ASP server for use by multiple entities of different ownership (no sharing of users is permitted in such deployments). Phantom Ports, ‘cron’ jobs and other background sessions should also be counted as Discrete Users. A license is required for each User, irrespective of the concurrent nature of such use.
Breach: The total number of authorized users on the License must equal, or exceed, the total number of Concurrent Users, plus the total number of Discrete Users. It is a breach of this Agreement to use The Software in any manner where the total number of Users exceeds the number authorized by this License. For example, you may not deploy a license to service a larger user base, or allow short-lived sessions from many Users (eg. web or ODBC requests) based on how many sessions will likely be active concurrently. You may not circumvent the licensing requirements of this Agreement simply because the Software does not enforce limits on your deployment or method of use. You agree that Dynamic may audit Your use of The Software for compliance with these terms at any time, upon reasonable notice.
Pricing Models: Licenses are purchased under one of the two following pricing models:
Annual Subscription: You pay an initial license fee, followed by a 10% or 15% annual renewal. The number of Licenses purchased must equal or exceed the total number of Concurrent Users and Discrete Users.
Monthly Subscription: A monthly subscription is required when The Software is installed on a timesharing or ASP server for use by multiple entities of different ownership, or when The Software, server or applications are provided on a subscription or rental basis. A monthly subscription is priced at 6% of the appropriate license fee, based upon the number of Discrete Users. The number of Licenses purchased must equal or exceed the total number of Discrete Users. For example, if (3) 8-user customers share a single server, You must license 24-users regardless of whether all Users operate concurrently.
Discontinued licenses may be retired by notifying Dynamic. Failure to pay the renewal or subscription shall result in termination of the License.
Restrictions on Updates and Upgrades: Customer agrees that unless this license is an annual or monthly subscription, or Software Assurance is purchased under a separate agreement with Dynamic, Licenses do not include support, updates or upgrades which may become available, subject to terms, under a separate transaction. The License to use The Software is specific to the operating system revision and the computer or server upon which it is first installed.
InstallING a new server, UPGRADING THE OPERATING SYSTEM, increasing the number of authorized users OR INSTALLING A DIFFERENT OPERATING SYSTEM are “upgrades” and a new License and SSN for the then current revision(s) of The Software must be acquired by the Customer – even if the Customer continues to operate an older version of The Software. unauthorized upgrades shall be grounds for termination of this license.
DL4 Runtime Software (DL4) Means copies of executable object code (programs) supplied by Dynamic in the dL4 Runtime Distribution or derived from any Dynamic source code or object libraries supplied in the dL4 Development Distribution. dL4 includes MySQL database access, enabled by the SSN, when you purchase a MySQL Pro license from Dynamic. A License to use dL4 Runtime Software includes a License to use the IMS2dL4 and UB2dL4 Runtime Distributions, which include a set of conversion tools to convert data from IMS Basic and UniBasic to dL4.
DL4 Development Distribution means the components and libraries to create a standard dL4 Runtime Distribution. Source code and libraries are included to facilitate the creation of limited Modifications as defined and limited by this Agreement.
UniBasic Runtime Software (UB) Means copies of executable object code (programs) supplied by Dynamic in the UniBasic Runtime Distribution or derived from any Dynamic source code or object libraries supplied in the UniBasic development Distribution.
UniBasic Development Distribution means the components and libraries to create a standard UniBasic Runtime distribution. Source code and libraries are included to facilitate the creation of limited Modifications as defined and limited by this Agreement.
IQ Runtime Software (IQ) Means copies of executable object code (programs) supplied by Dynamic in the IQ Runtime Distribution. IQ is licensed only for use in conjunction with dL4 or UniBasic and may only be used to query and report on database files which are created, manipulated, accessed and/or maintained by an active set of applications executed by UniBasic or dL4.
DL4Term Runtime Software Means copies of executable object code (programs) and other components supplied by Dynamic in the dL4Term Runtime Distribution. dL4Term is not activated or identified by the SSN. However, you are granted a License to install dL4Term on individual PC’s, equal in number to the number of Concurrent Users licensed for UniBasic and dL4, provided that dL4Term is used primarily to connect to a server to execute applications running under dL4 or UniBasic.
ODBCDL4 Runtime Software (odbc) Means copies of executable object code (programs) supplied by Dynamic in the ODBCdL4 Runtime Distribution for server installation, as well as the ODBCDL4 Windows driver supplied for installation on client PC’s. ODBC connections are limited between PC’s and servers installed on the same network. External connections, initiated from web servers, other servers or users outside the network are prohibited, unless (External Users) or dynamicXport is enabled on the SSN.
dynamicXport Runtime Software (xport) Means copies of executable object code (programs), as well as source and compiled dL4 Basic programs supplied by Dynamic in the dynamicXport Runtime Distribution. The Software may be launched by authorized users to execute UniBasic and dL4 applications that provide no direct interactive screen or terminal input/output functionality. Essentially, the number of authorized users for dynamicXport includes: i) a specific number of, or unlimited, Discrete Users, ii) External Users for ODBCDL4 and iii) an expanded license for Third-Party Software to permit the export of data, access and manipulation of data files and databases shared with applications not written in, and running within sessions of The Software.
DynamicPaper Distribution means copies of executable object code (programs) supplied by Dynamic to create a custom printer driver and support tools for creating forms and merging them with application data on PCL-5 printers.
Renewals: Subscription renewals are invoiced automatically and if not paid by the expiration date shall be considered terminated by the Customer and the Customer agrees to discontinue use of The Software upon such expiration.
Development Distribution Modifications: Dynamic grants Customer a limited license to modify the dL4 Runtime or UniBasic Runtime using the dL4 or UniBasic Development Distribution respectively, solely for the purpose of creating customized versions of dL4 Runtime and UniBasic Runtime for Customer’s internal business use under the terms of this Agreement (the “Modifications”). Any other use of the Modifications is prohibited, and Customer warrants against any other use. No Modification, however extensive, shall diminish Dynamic’s right, title, and interest in the Software, or Customer’s obligation to use the Software and Modifications only under the terms of this Agreement. Customer shall own all rights, title, and interest in the Modifications, subject to Dynamic’s rights in the Software and Customer’s use restrictions. Customer shall not market, license, assign, or sublicense the Modifications without the prior written consent of Dynamic. Notwithstanding anything to the contrary in this Agreement, Dynamic shall have no liability arising out of the distribution or use of any Modification.
Copies and Adaptations: Customer shall not reverse compile, reverse engineer, or disassemble The Software or make any attempt to bypass any of the licensing terms and conditions herein. Any such misuse shall constitute an irrecoverable breach of this agreement, result in the immediate termination of this License and expose you to potential civil and criminal penalties. Customer may make copies or adaptations of The Software solely for archival purposes or when copying or adaptation is an essential step in the use of The Software with the computer, so long as the copies and adaptations are used in no other manner. Customer has no other right to copy or distribute the Software. All copies and adaptations of The Software must bear the copyright notices contained in or on the original.
Ownership & Copyright: The Software is licensed and not sold. Customer agrees that it does not have any title or ownership of The Software, other than the License conferred herein and ownership of any physical media. Customer acknowledges and agrees that The Software, other than Third-Party Software, is owned by Dynamic and protected by copyright laws. Customer further acknowledges and agrees that The Software may include portions owned by a third-party named in the Licensing Agreements or copyright notice(s) included with The Software, who shall be authorized to hold Customer responsible for any copyright infringement or violation of these terms and conditions.
Transfer of Rights: Upon prior written notice to Dynamic, Customer may transfer its License to The Software to a third party only as part of the transfer of substantially all of its business assets, provided that the Customer obtains a new License and SSN naming the transferee. Installation of the SSN by, or on behalf of, transferee authorizes their agreement to be bound to the terms of the SSN and individual License Agreements. The transferee must continue to operate the existing computer system, applications and The Software. Upon such transfer, Customer agrees that their rights in The Software are terminated and that it will either destroy its copies and adaptations or deliver them to the third party along with the new SSN and License. Any other transfer or use by a party other than the User Name specifically named above is expressly prohibited and shall be grounds for termination of this License. All transfer of rights shall be made in accordance with United States export and other applicable laws.
Sublicense and Distribution: Customer may not sublicense The Software or distribute copies or adaptations of The Software to any third party in any manner without the prior written consent of Dynamic.
Export Restrictions: Customer hereby acknowledges that The Software contains encryption technology subject to strict federal export regulations. Customer agrees not to export or re-export the software in violation of the U.S. laws or regulations or any other law or regulation including without limitation the rules and regulations of the U.S. Bureau of Industry and Security. Customer represents and warrants that Customer is not listed on the Bureau of Export Administration’s Denied Parties List or the Treasury Department’s Specially Designated Nationals, Terrorists and Narcotics Traffickers. Among other things, this software may not be exported to any unauthorized country or any country subject to U.S. trade sanctions. (See EAR § 738, Supp. 1 and EAR § 740, Supp.1 and 3, or any successors thereto.) This software may not be exported or re-exported to any individuals or entities: (i) which are controlled by such countries, or to nationals or residents of such countries; or (ii) which are listed on either the Bureau of Export Administration’s Denied Parties List or the Treasury Department’s Specially Designated Nationals, Terrorists and Narcotics Traffickers List.
Training and Warranty: No training is provided unless otherwise agreed by Dynamic. The Software is provided “as is”. Dynamic makes no representations or warranties, either express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose. In no event shall Dynamic be liable for any incidental, indirect, special or consequential damages whatsoever (including, but not limited to, lost profits or interruption of business). Customer assumes the entire risk as to the quality and performance of The Software. Dynamic’s liability under a License Agreement at no time shall exceed the amount paid to Dynamic by the “Sold To” purchaser, identified above, for the particular program or License acquired from Dynamic.
Termination & Modification: Dynamic may terminate this License, without incurring any liability to Customer, for Customer’s failure to comply with any of the terms, provided Dynamic has requested Customer to cure the failure and Customer has failed to do so within thirty (30) days of such notice. Upon termination, all rights granted to Customer are revoked. Dynamic reserves the right to change the licensing terms and/or pricing and benefits of the subscription without notice, upon each monthly or annual renewal or upon delivery to the Customer of a new License, SSN, replacement or upgrade. The current revision of this agreement may be found at: www.dynamic.com.
Legal Fees: Customer agrees that Dynamic shall be entitled to reasonable Attorney Fees with respect to any action brought by Dynamic to enforce it’s rights under this License Agreement.
Compliance With Laws: Customer shall, at all times, comply with all applicable laws and regulations of the U.S. and all other governmental entities governing, restricting or otherwise pertaining to the use of The Software or technical data provided to Customer.
Indemnification: Customer shall defend, indemnify and hold Dynamic harmless from any and all liability, loss, cost and or damages Dynamic may incur or suffer as a result of, arising out of, connected with, or in any way related to Customer’s breach of these terms, including any representation or warranty made herein or any acts, statements and/or omissions of Customer, its agents or employees in connection with the performance or breach of Customer’s duties under these Terms and Conditions.
Governing Law: This License Agreement is governed by, and shall be construed in accordance with the laws of the State of California without reference to its conflicts of law provision. The exclusive venue for any litigation or claim hereto shall be the California state or federal courts in Orange County, California, USA. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
INTERNET SERVICES TERMS AND CONDITIONS
This Agreement is between you as an individual, partnership, corporation, association, or any combination thereof (hereinafter referred to as Customer), and Dynamic Concepts Incorporated, a California corporation, at 18-B Journey, Aliso Viejo, California, United States of America (hereinafter referred to as Dynamic)
EFFECTIVENESS, TERM AND RENEWAL
This Agreement shall continue until canceled by either party with thirty (30) day’s written notice.
Dynamic reserves the right to modify the Terms and Conditions at any time, effective upon posting of the modified Terms and Conditions in the “Purchase Terms” section of this page.
Dynamic reserves the right to immediately terminate this Agreement, without notice, if Customer violates any of the Terms and Conditions as outlined in the Dynamic Acceptable Use Policy (AUP) which is posted in the “Acceptable Use Policy” section of this page.
Use of Dynamic’s services constitutes, on the part of the Customer, acceptance of, and agreement to abide by, these Terms and Conditions and Dynamic’s AUP.
INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS AND CONDITIONS, AS WELL AS ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE TERMS AND CONDITIONS BY SUCH CUSTOMER OR END USER.
PRICES DO NOT INCLUDE TAXES
Prices do not include any taxes and are subject to an increase equal in amount to any taxes Dynamic may be required to collect and pay.
PAYMENT AND CHARGES
Internet Services may be prepaid by credit card (Visa, Mastercard or American Express), or billed quarterly.
Invoices for Internet services are invoiced and payable in advance for the term of the service. Invoices not paid within ten (10) days are past due. Internet services are subject to LOCKDOWN for any account twenty (20) days past due and become subject to a re-activation fee and payment by credit card.
LOCKDOWN renders a web site non-operational. Visitors to the site are informed that the site is temporarily unavailable. In addition, you will be unable to download or upload and all email will be returned to sender as undeliverable.
Failure to pay within ten (10) days following LOCKDOWN shall result in the termination of your account.
LIMITATION OF LIABILITY
Dynamic exercises no control whatsoever over the content of the information passing through its network. Dynamic makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. Dynamic also disclaims any warranty of merchantability or fitness for a particular purpose. Dynamic will not be responsible for any damage you suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence or your errors or omissions.
Use of any information obtained via Dynamic’s network is at your own risk. Dynamic specifically denies all responsibility for the accuracy or quality of information obtained through its services.
IN NO EVENT SHALL DYNAMIC BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF DYNAMIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH.
Customer shall indemnify, defend and hold harmless Dynamic, its directors, employees, affiliates and agents from any action brought against them by any third-party in connection with these Terms and Conditions or AUP, from any claims resulting from the use of the service by you or any of your employees or agents or others. Customer shall pay all damages and reasonable attorney fees arising as a result of Customer’s use or misuse of any rights granted herein.
RELATIONSHIP BETWEEN THE PARTIES
Nothing in this Agreement or to be done pursuant to its terms and conditions is intended to, or shall, create a partnership or joint venture, for tax purposes or otherwise, between Dynamic and Customer.
GENERAL AND DYNAMIC RIGHTS AND REMEDIES
Violations of the Dynamic Acceptable Use Policy (AUP) may result in Dynamic taking such actions, including, but not limited to, temporary or permanent removal of content and the immediate suspension or termination of all or a portion of the Customer’s Services, without notice.
Upon termination of an account for violation(s) of Dynamic’s AUP or failure by Customer to pay amounts due to Dynamic, Dynamic is authorized to delete any files, programs, email messages and data associated with such account.
Neither Dynamic nor its affiliates shall have any liability for any such responsive actions. The above-described actions are not Dynamic’s exclusive remedies and Dynamic may take any other legal or technical action it deems appropriate.
Dynamic reserves the right to investigate suspected violations of the AUP, including the gathering of information from the parties involved and the complaining party, if any, and examination of material on the Dynamic network. During an investigation, Dynamic may suspend the account(s) involved and/or remove material that potentially violates this Policy.
You hereby authorize Dynamic and its affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet Service Providers or other network or computing facilities in order to enforce the AUP. Such cooperation may include Dynamic providing the user name, IP address, or other identifying information about a customer.
The failure of Dynamic or its affiliates to enforce the Terms and Conditions or AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of these Terms and Conditions or AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
This License Agreement is governed by, and shall be construed in accordance with the laws of the State of California. Venue for any litigation or claim hereto shall be the California State courts in Orange County, California, USA. Customer consents and unconditionally submits to personal jurisdiction of the California State courts and waives any special treaty or legal requirements providing for restrictions upon such jurisdiction and on service of process.
Effective Date: August 2006
What Type of Personal Information Do We Collect?
You can visit the Dynamic Website without providing any personal information. Whenever you purchase product licenses, or submit information in connection with customer support from the Dynamic Website, we may obtain and collect personally identifiable contact information (your “personal information”) such as your name, email address, payment information (i.e. credit card number/expiration date), tax or resale certificate id, telephone number and mailing address.
How Do We Use Personal Information?
Dynamic uses your personal information to process orders and to better understand customer needs and interests to provide better service. Dynamic will only use personal information to support customer relationships with the company. Dynamic may use personal information in any of the following ways:
Customer Service – Dynamic may use your personal information to respond to customer requests or perform services requested by you. Unless you opt-out of receiving such information, Dynamic may also use your personal information to send marketing email on its own behalf.
Marketing Research – Dynamic may compile and/or distribute aggregate (not individual) information about our visitors, to provide our website designers with information about usage patterns that may aid in developing new features and services.
Financial Transactions – Dynamic may use your financial information to process, validate and verify requests and/or purchase orders. Dynamic employs secure server technology for online purchasing which encrypts your financial information before it is transmitted over the Internet, making it secure. Dynamic will also use personal information to comply with export laws.
Third Party Disclosure
Dynamic will not sell, rent, or otherwise disclose your email address for use in connection with a third party’s marketing without your permission. Dynamic may, from time to time, disclose personal information in connection with any of the following:
Agents – Dynamic reserves the right to disclose personal information to third parties working on Dynamic’s behalf who may require your information in order to provide products or services to you.
Protection of Dynamic – Dynamic reserves the right to disclose personal information in order to enforce its own conditions of use, enforce any other agreements it maintains with its visitors, or to otherwise protect the rights, property, or safety of Dynamic, its employees, its users, or others.
Identity Verification – Dynamic’s right to exchange personal information with third party companies and organizations for purposes of fraud protection, credit reduction, and compliance with export laws.
Disclosure by Law – Dynamic reserves the right to disclose personal information when it believes in good faith that release is necessary to comply with local, state, federal, national or international government or law enforcement authorities. For example, Dynamic may disclose the identity of purchasers of certain software products to the U.S. Department of Commerce, Bureau of Export Administration as required under the terms of our export licenses.
Dynamic does not store or record the Internet Protocol (“IP”) addresses of visitors to the Dynamic Website for marketing purposes, although we may store IP addresses in server logs for system maintenance purposes, to store the source location whenever someone provides Personal Information, or to comply with export laws. We cannot determine your identity solely based upon your IP address. However, an IP address can reveal what geographic area you are connecting from, or which Internet service provider you are using.
We do not collect personally identifiable information about you without your consent. You can always opt not to disclose personal information to Dynamic even though it might preclude you from making a purchase or take advantage of certain Dynamic Website features.
You can check the information that we hold about you by contacting us through our online support ticket system or our consultation page. If you find any inaccuracies we will delete or correct them promptly. You may also request deletion of your Dynamic account.
Dynamic may retain certain of your information if it believes in good faith that retaining such information is necessary to comply with law; enforce its conditions of use; enforce its other agreements it has with visitors; protect the rights, property, or safety of Dynamic, its employees, its users, or others; or comply with export laws.
Our Security Procedures
We are committed to the protection of any personal information we receive from our visitors. As with any transmission over the Internet there is always some risk invovled in sending personal information. To minimize any risk to our visitors, Dynamic encrypts all transactions between you and the Dynamic Website using 128 bit encryption technology. All personal information we obtain from you will be held securely on our corporate network and will not stored on any public servers, directly accessible from the Internet.
Dynamic Concepts Incorporated
Attn: Customer Privacy
16501 Scientific Way
Irvine, CA 92618 USA
Changes To Policy
Retail prices for Dynamic Concepts, Inc. (Dynamic) products and services shall be in accordance with the Dynamic Price List in effect at the time of order, reorder, or as specified on an authorized Dynamic Quotation in force at the time an order is accepted.
Dynamic prices do not include any bank charges or federal, state, municipal, or other government, excise, sales, use, occupational or like taxes. Prices are subject to an increase equal in amount to any tax Dynamic may be required to collect to pay upon sale or delivery of the products or services. Customer must submit any certificate of exemption to which he may be entitled.
TERMS AND CONDITIONS
Orders for products and services purchased shall be subject to and submitted in accordance with these Terms and Conditions irrespective of inconsistent or additional terms and conditions in Customer’s Purchase Orders or other documents submitted by Customer to Dynamic.
Dynamic prefers to establish a single account for each Customer. However, there are instances where a single Customer may require billing to more than one entity. Dynamic performs its billing and accounting by account, not by type of service.
If Customer establishes more than one account with Dynamic for its own accounting purposes, there can be no crossover transactions between such accounts. When paying by check, separate checks are required for each account and when paying by credit card, separate charges will be made for each account.
Dynamic’s terms of payment shall be prepaid by check or credit card (Visa, Master-card or American Express); C.O.D. where applicable; or Net Invoice. Customer may apply, in writing, to open an account and establish credit with Thirty (30) day terms. Only after credit has been approved, in writing, do terms of payment become Net thirty (30) days. Dynamic reserves the right to revoke any credit extended at Dynamic.s sole discretion.
Invoices shall be issued: a) in advance of a covered period for term service products, including Internet and Support services; b) immediately following the delivery of periodical consulting services; c) on delivery in the case of products; or d) as specified in a written quotation or agreement. In all cases, Customer agrees to pay such invoices when due regardless of other scheduled deliveries.
PAYMENT, CHARGES AND RETURNS
Invoices not paid within ten (10) days of the due date are considered past due.
If an account is more than fifteen (15) days past due, new orders may not be accepted until the account is current.
Services may be suspended when an account is more than twenty (20) days past due until the account is current. A re-activation fee is required to restore suspended services.
An account that is more than thirty (30) days past due is on credit hold. Services shall be suspended or terminated and orders shall not be accepted. In addition, any credit may be revoked and all future orders shall be prepaid or C.O.D. only.
Dynamic may include a monthly service charge on past due accounts, equal to five ($5) dollars or 1 1/2% per month on the unpaid balance, whichever is greater.
Accounts more than sixty (60) days past due shall be referred to collection. Customer agrees to pay collection charges incurred.
Dynamic offers a Thirty (30) day money-back return policy for purchases of tangible products. Refunds for term service will be prorated for the amount of unused service on the date we receive written cancellation instructions. Setup fees and consulting services already rendered are not refundable.
Delivery is made F.O.B., Dynamic’s facility in Irvine, California — freight and/or insurance charges paid by Customer.
The time of delivery is the time when the product is picked up or delivered to the carrier. Dynamic shall not be liable for any damages or penalty for delay in delivery of for failure to give notice of delay whether the delay be caused by Acts of God or man-made. In the absence of specific instructions, Dynamic will select the carrier. The carrier shall not be an agent of Dynamic, nor shall Dynamic assume any liability with regard to this shipment.
Ownership of any products purchased shall pass to Customer upon delivery by Dynamic. However, Dynamic shall retain a purchase money security interest in products sold or licensed now or hereafter (collectively called the “collateral”) and to the proceeds thereof until the full purchase price and all other liabilities due or to become due to Dynamic shall have been paid.
Upon any default by Customer under these Terms and Conditions, Dynamic shall have all of the rights and remedies of a secured party under the Uniform Commercial Code or other applicable law, which rights shall be cumulative.
If Customer requires professional services for installation, support, or educational assistance, the services of Dynamic’s technical staff will be available to the Customer. For this service, Dynamic will charge its regular time and materials hourly or daily rates, plus any travel and per diem expenses.
LIMITATION OF LIABILITY
Customer agrees that Dynamic’s liability for any losses or damages, whether direct or indirect, from any cause whatsoever is limited to actual damages incurred by Customer. Customer further agrees that in no event shall such damages exceed the amount previously paid by Customer to Dynamic for products and services.
Customer further agrees that Dynamic will not be liable for any lost profits, or for any claim or demand against the Customer by any other party.
No action, regardless of form, arising out of the transactions under these Terms and Conditions or any other Dynamic Agreement, may be brought by Customer more than one (1) year after the cause of action has occurred.
IN NO EVENT WILL Dynamic BE LIABLE FOR CONSE-QUENTIAL DAMAGES EVEN IF Dynamic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, Dynamic SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, CONSEQUENTIAL OR OTHERWISE, OCCURRING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS OR SERVICES ORDERED.
Dynamic and the “dynamic” domain names, including but not limited to dynamic.com, dynamic.net, dynamic.org; dL4, dL4 Term, UniBasic, UniBasic-IRIS, UniBasic-NIROS, UniBasic-IQ, UniBasic-BITS, UniBasic-IDOS, dynamicXport, dynamic paper, Software Assurance and Passport Security are trademarks of Dynamic Concepts Incorporated.
All other product and company names mentioned herein are the trademarks of their respective owners. Any references made are only for explanation and to the owner’s benefit, without intent to infringe.
Acrobat and the Acrobat logo are trademarks of Adobe Systems Incorporated.