There was no FPS cap in D2:ED, AFAIK. That was introduced in the original release of DKS, and then the option to change or remove it was added in the second DKS patch (along with a higher 'nightmare' difficulty level, since various changes made the game easier).
Include the Securom key from D2:ED when you contact support, and they can provide you with a voucher to get the Developer's Cut version of the game from the Larian Vault. The Developer's Cut is essentially DKS (a remastered D2:ED with the add-on Flames of Vengeance) with an optional 'Developer Mode' cheat window.
This is all very confusing to have so many different versions of the same game.
My version came without DRM and with no serial code. There was also no game manual within the DVD box. I notice that in the bottom left corner there is a 'Pyramide Games' logo, so I presume I have a 'budget' version.
Hearing now that that D2 ED, D2 DKS, and D2 Directors Cut are all considered 'different' (although when fully upodated content is the same), it doesn't surprise me that so many people are having problems getting these updates to work.