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BakupWiz Site License Information
___________________________________________________________________
B a k u p W i z
Version 3.28
S I T E L I C E N S E I N F O R M A T I O N
-----------------------
What is a site license?
-----------------------
A site license is an inexpensive way for more than one person to
legally use one copy of a program on more than one computer at a
time. Site licenses are designed for companies, offices or
workgroups where more than one person in the organization needs to
use a product, but does not need additional manuals or disks. Site
licensing enables companies, departments, government agencies,
etc., to equip their personnel with the tools they need at a
minimal cost.
Here's the gist of how it works: The company purchasing a site
license (the licensee) provides a single point of contact for
shipping, technical support, upgrades, etc., and we (the licensor)
provide a "golden master" of the diskettes, manual, and any other
parts of the package.
The following chart gives a breakdown of the cost of site licensing
and how much you save per site licensed. For instance, if you
purchased a site license for 25 users (sites) your cost would be
$811.25, which saves you $663.75 of the cost of 25 separate
purchases. The more sites you license, the more you save.
Discount Price Per License Savings
Quantity Percentage Unit Fee Per Unit
10 35% 38.35 383.50 20.65
25 45% 32.45 811.25 26.55
50 54% 27.14 1357.00 31.86
100 62% 22.42 2242.00 36.58
250 69% 18.29 4572.50 40.71
500 75% 14.75 7375.00 44.25
501+ Please contact PCX
These days the world seems to be run by attorneys, so of course
they want to get involved in everything. The following legalese
___________________________________________________________________
Copyright 1991, PCX BakupWiz Site License Information / 1
BakupWiz Site License Information
___________________________________________________________________
document is the complete license agreement. Simply print it, fill
it out, sign under LICENSEE, enclose a check or money order for the
correct amount, and mail it to:
PCX Phone: (619) 259-9797
4874 Alberson Court FAX: (619) 481-6474
San Diego, CA 92130 BBS: (619) 481-6479
U.S.A. CompuServe: 70216,174
Upon receipt of the completed, signed form, and a check or money
order for the correct amount, we will send you the required "golden
masters" and a copy of the license agreement with an authorized
signature under LICENSOR.
If you have any questions, or if you need site license information
for more than 501 sites, please call our offices at (619) 259-9797.
Thank you!
NOTE: This software is also marketed as Shareware, but this
license has no relation to the Shareware version.
All of the following pages are part of the actual site license
agreement:
___________________________________________________________________
Copyright 1991, PCX BakupWiz Site License Information / 2
BakupWiz Site License Information
___________________________________________________________________
BakupWiz 3.28
END USER LICENSE AGREEMENT
-PCX----------------------------------------(Licensor) grants to
-------------------------------------------------(Licensee), and
Licensee accepts, a license to use the licensed program in
accordance with the terms and conditions contained in this
agreement.
1.0 DEFINITIONS
1.1 "Licensed program" means the object code version of the
program listed in Exhibit 1 and related program user documentation.
No rights to the source code versions of the licensed program are
granted by this license.
1.2 "Object code" means any instruction or set of
instructions in machine readable form.
1.3 "User documentation" means any standard manuals or other
related materials used for user instruction or reference in use of
the licensed program.
1.4 "Use" means copying of any portion of the licensed
program from a storage unit or media into the designated equipment
and execution of the licensed program on the equipment.
2.0 LICENSE GRANT
2.1 Licensee is granted a nontransferable, nonexclusive right
to use the number of copies of the licensed program indicated on
Exhibit 1 for Licensee's internal use. Licensor will deliver one
copy of the licensed program to Licensee. Licensee may make
additional copies of the licensed program, up to the number of
copies licensed herein, provided that each copy of the program
contains Licensor's copyright notice and any other proprietary
legends, including legends under the Federal Acquisition
Regulations (FAR), if any, contained on the delivered copy.
2.2 Each copy of the licensed program provided under this
license may be used on only one computer at any one time. Use of
the licensed program on a network system, or as a service bureau is
not authorized unless stated herein.
2.3 Licensee shall not use, copy, rent, lease, sell, modify,
decompile, disassemble, otherwise reverse engineer, or transfer the
___________________________________________________________________
Copyright 1991, PCX BakupWiz Site License Information / 3
BakupWiz Site License Information
___________________________________________________________________
licensed program except as provided in this agreement. Any such
unauthorized use shall result in immediate and automatic
termination of this license.
3.0 TERMS
3.1 This license is effective until terminated. Licensee may
terminate it at any time by destroying the licensed program and all
copies of it an notifying the Licensor in writing. This license
will also terminate as otherwise provided in this agreement. On
termination, Licensee shall return all materials not destroyed to
Licensor together with a written verification that the remaining
materials have been destroyed.
4.0 PAYMENT
4.1 The fee for this license is set forth in Exhibit 1,
payable as set forth.
5.0 CONFIDENTIALITY AND PROPRIETARY RIGHTS
5.1 The licensed program is licensed, not sold. Nothing in
this agreement shall be construed as conveying title in the
licensed program to Licensee.
5.2 Licensee understands and agrees that the licensed program
and all documentation related thereto constitute the valuable
properties and trade secrets of Licensor, owner of the copyright to
the licensed program, embodying substantial creative efforts which
are secret, confidential, and not generally known by the public,
and which secure to Licensor a competitive advantage.
5.3 Licensee agrees during the term of this license, and
thereafter, to hold the licensed program, including any copies
thereof and any documentation related thereto, in strict confidence
and to not permit any person or entity to obtain access to it
except as required for Licensee's own internal use hereunder.
5.4 Licensee shall inform Licensor promptly and in writing of
any actual or suspected unauthorized use or disclosure of the
licensed programs or documentation related thereto.
5.5 The obligations under this paragraph shall survive the
termination or rescission of this agreement.
6.0 LIMITED WARRANTY
6.1 Licensor warrants that for a period of ninety days from
the date of delivery of the licensed program the program, if
unmodified by the Licensee, will perform in substantial conformity
___________________________________________________________________
Copyright 1991, PCX BakupWiz Site License Information / 4
BakupWiz Site License Information
___________________________________________________________________
with the user documentation. Licensor does not warrant that the
licensed program is free from coding errors. Any program problems
reported to Licensor during the warranty period and determined by
the Licensor to be actual coding errors will be corrected by
Licensor within a reasonable time. Any modifications to the
licensed program shall thereafter be licensed AS IS.
6.2 The above warranty does not apply to the extent that any
failure of the licensed program to perform as warranted is caused
by the licensed program being (1) not used in accordance with the
user documentation, or (2) modified by any person other than
authorized Licensor personnel.
6.3 Within forty-five days after delivery of the first copy of
the licensed program, Licensee shall perform such tests as it deems
necessary to determine that the licensed program operates
substantially in conformity with the user documentation. If during
such tests Licensee determines that the licensed program does not
so perform after following the error procedures described in the
user documentation, Licensee shall immediately notify Licensor,
setting forth the defects noted with the specificity requested by
Licensor. Upon notification of reported defects, Licensor shall
have a reasonable time to determine if actual coding errors exist
and, if so, to remedy those errors. Within fifteen days after
redelivery, Licensee shall retest the program and report any other
problems encountered. Unless Licensee notifies Licensor of defects
encountered within the forty-five day test period, the licensed
program shall be deemed to have been accepted with the meaning of
California Commercial Code section 2106(2) or successor statutes.
6.4 LICENSOR MAKES AND LICENSEE RECEIVES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.0 LIMITATION OF LIABILITY
7.1 The total liability of Licensor or its suppliers for any
claim or damage arising out of the use of the licensed program or
otherwise related to this license shall be limited to direct
damages which shall not exceed the license fee(s) which have been
paid by Licensee to Licensor for the specific client project which
is the subject of such claim or damage.
7.2 IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR
ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF
THE LICENSED PROGRAM OR RELATED TO THIS LICENSE.
8.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY LICENSOR IF:
8.1 Licensee fails to comply with any material term or
___________________________________________________________________
Copyright 1991, PCX BakupWiz Site License Information / 5
BakupWiz Site License Information
___________________________________________________________________
condition of this agreement and Licensee fails to cure such failure
within fifteen days after notices of such failure by Licensor; and
8.2 Licensee's normal business operations are disrupted or
discontinued for more than thirty days by reason of insolvency,
bankruptcy, receivership, or business termination.
9.0 GENERAL TERMS
9.1 Neither this agreement nor any rights or obligations
hereunder shall be assigned or otherwise transferred by Licensee
without prior written consent of Licensor, which consent will not
be unreasonably withheld. Licensor may assign this agreement
entirely in its discretion upon the express written assumption of
the obligations hereunder by the assignee.
9.2 This agreement shall be interpreted and enforced in
accordance with and shall be governed by the laws of the State of
California applicable to contracts between residents. No suit for
enforcement of or for a declaration of rights between the parties
to this agreement shall be commenced in any court other than the
Municipal or Superior Court in and for the County of San Diego,
State of California, or in the United States District Court for the
Southern District of California.
9.3 Any controversy or claim arising out of or relating to
this agreement or the breach thereof shall be settled by
arbitration in accordance with the commercial rules of the American
Arbitration Association, using an arbitrator with knowledge of
computers and software, and judgement upon the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction
thereof. No arbitration or other action arising out of any claimed
breach of this agreement or transactions under this agreement may
be demanded by either party more than one year after the cause of
action accrued. The prevailing party in any such action related to
or arising under this agreement shall be entitled to reasonable
attorneys' fees.
9.4 This agreement and its exhibits contain the entire
agreement between the parties hereto, superceding all previous
agreements, representations, understandings and negotiations. This
agreement may not be amended other than by writing signed by an
authorized representative of the parties.
9.5 In any terms or provisions of this agreement shall be
found to be illegal or unenforceable then, notwithstanding, this
agreement shall remain in full force and effect and such term or
provision shall be deemed stricken.
9.6 No amendment of this agreement shall be effective unless
___________________________________________________________________
Copyright 1991, PCX BakupWiz Site License Information / 6
BakupWiz Site License Information
___________________________________________________________________
it is in writing and signed by duly authorized representatives or
both parties. No term or provision hereof shall be deemed waived
and no breach excused unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or
consented. Any consent by any party to or waiver of a breach by the
other, whether express or implied, shall not constitute a consent
to, waiver of or excuse for any other, different or subsequent
breach.
9.7 This agreement shall be binding on and shall inure to the
benefit of the heirs, executors, administrators, successors and
assigns of the parties hereto, but nothing in this paragraph shall
be construed as a consent to any assignment of this agreement by
either party except as provide hereinabove.
9.8 Time is of the essence of this agreement.
9.9 This agreement may be signed in counterparts.
Effective this ______ day of ____________________, 19__.
LICENSEE LICENSOR
___________________________ ____________________________
Authorized Representative Authorized Representative
Typed name_________________ Typed name__________________
Title______________________ Title_______________________
Address____________________ Address_____________________
___________________________ _PCX________________________
___________________________ _4874 Alberson Court________
___________________________ _San Diego, CA 92130________
___________________________________________________________________
Copyright 1991, PCX BakupWiz Site License Information / 7
BakupWiz Site License Information
___________________________________________________________________
EXHIBIT 1
Licensed Program
BakupWiz 3.28
NUMBER OF USERS LICENSE FEE
10 383.50
25 811.25
50 1357.00
100 2242.00
250 4572.50
500 7375.00
501+ Please contact PCX
___________________________________________________________________
Copyright 1991, PCX BakupWiz Site License Information / 8