WADS of WADS/WadsOfWads.1994.zip/WOWCD/LICENSE

Text File | 1993-08-24 | 10KB | 169 lines

                    PRICING INFORMATION FOR BUERG UTILITIES
               Including LIST Enhanced, LIST, and other programs
                              Effective  8-24-93

     Thank you for your interest in the Buerg Utilities. You are
     required to license one copy of the software for each computer on
     which it is used; the fee for a license depends on the total
     number of copies you will use at one site.  FOR LOCAL AREA
     NETWORKS, ONE COPY MUST BE LICENSED FOR EACH COMPUTER THAT WILL
     BE USING THE PROGRAM, with the minimum number being ten, or $350
     PER SERVER for LIST Plus.  To determine the license fee, apply
     the total number of computers to the price schedule below.

                                       SHIPPING/HANDLING  US    CAN   OTHER
     LIST PLUS (Licenses include one set of materials)
     Includes license for FV, ARCE, and ARCA utilities
       Single User License                 $   37      $  3   $  3    $  5
       2-10 User License    (per PC)       $   35         "      "       "
       11-50 User License   (per PC)       $   32         "      "       "
       51-100 User License  (per PC)       $   28         "      "       "
       101-250 User License (per PC)       $   24         "      "       "
       251+ User License (First site)      $ 5000         "      "       "
       Add'l LIST PLUS manuals $5 each + S/H each      $  1   $  1    $  1.50

     LIST ENHANCED
       Single User License                 $   99      $  6   $ 17    $ 24
       5-User License (2 sets materials)   $  445         9     20      36
       10-User License (4 sets materials)  $  795        15     25      40
       20-User License (8 sets materials)  $1,395        20     35      65
       50-User License (15 sets materials) $2,995        30     40      95
       100-User License(25 sets materials) $4,995        55     50     165
       Add'l LIST ENHANCED manuals $15 each + S/H each $  3   $  6    $ 12

     OTHER BUERG UTILITIES
       Single User License                 $   27      $  3   $  3    $  5
       2-10 User License    (per PC)       $   25         "      "       "
       11-50 User License   (per PC)       $   23         "      "       "
       51-100 User License  (per PC)       $   20         "      "       "
       101-250 User License (per PC)       $   17         "      "       "
       251+ User License (First Site)      $3,500         "      "       "

     Licenses are for perpetual, non-exclusive use of the current or a
     previous version of the program.  Licensed users of LIST Enhanced
     will receive free upgrades for one year.  Licensed users of LIST
     Plus will receive notification of major upgrades; minor upgrades
     will be furnished upon request, for a nominal fee.

     Customization of messages and documentation may be done at a fee of
     $100 per hour, with a two-hour minimum charge (call with requests).
     Regardless of the quantity licensed, only the quantity of materials
     shown in the above schedule will be furnished; additional manuals are
     available at the prices shown.

     TERMS:  We accept VISA, MasterCard, Discover, company, cashier's, or
     personal checks.  We also accept purchase orders and offer NET-30
     terms with prior authorization.

           Buerg Software, 139 White Oak Circle, Petaluma CA 94952
             Voice:  [phone]         FAX:  [phone]

                                   AGREEMENT

                    NON-EXCLUSIVE END USER SOFTWARE LICENSE

This Agreement is entered into this _______ day of ________________, 199___,
by and between Buerg Software, 139 White Oak Circle, Petaluma, CA 94952,
hereinafter referred to as Vendor, and __________________________________,
located at ______________________________, hereinafter referred to as
Company, who agree as follows:
1.0   LICENSE TO USE VENDOR'S PROGRAM
1.1   Vendor, for the consideration named, hereby grants to Company and its
      corporate affiliates,  a non-exclusive  license to  use the computer
      program called LIST ("Software").
1.2   Company shall pay vendor a one-time fee of __________________________
      (U.S.)Dollars ($__________) for the license to use this Software.
1.3   Vendor grants to Company the right to copy the Software onto
      diskettes, hard disks, or in whatever manner may be deemed necessary
      to distribute and use the Software within the Company's business
      environment, including use on desktop computers.
1.4   Vendor shall supply a customized version of the Software to the
      Company which includes the statement "Licensed to:
      ___________________________________.".  The Company shall have the
      right to copy, modify, duplicate, distribute, and use the Software
      and any software derived from any source materials on (number of)
      _________ personal computers for the internal business purposes of
      the Company at (number of) _____________ location(s) where personal
      computers may be used by the Company.
1.5   This right to copy and reproduce extends to any material and
      documentation supplied by Vendor and related to the Software, except
      for any and all source material.
1.6   In the event Vendor stops supporting Software, Vendor will provide to
      Company the Software (source and documentation) for Company's
      internal use.
2.0   TITLE TO SOFTWARE
2.1   Title to the software and all related material is with Vendor.
2.2   Neither the software nor this Contract may be assigned, sub-licensed
      or otherwise transferred by Company without the prior written consent
      of the Vendor.
2.3   Company agrees to use its best efforts to prevent any and all
      unauthorized persons from acquiring the Software.
3.0   TERMS OF AGREEMENT
3.1   The term of this Agreement shall begin on the date first above
      written and shall continue in perpetuity unless earlier terminated as
      described below.
3.2   Vendor may terminate this Agreement on ten (10) days written notice
      to Company if Company fails to comply with the terms and conditions
      herein.
3.3   Company may terminate this Agreement on five (5) days written notice
      any time during the thirty (30) day period following execution by
      both parties and in such case, if source material has not been
      included, the Company shall receive a full refund of all fees paid.
3.4   After the thirty (30) days following execution, Company may terminate
      this Agreement at its sole option at any time on thirty (30) days
      written notice to Vendor.
4.0   DISPOSITION OF SOFTWARE
4.1   If this Contract is terminated early Company shall return or destroy
      all copies of software.

4.2   Within thirty (30) days after early termination of this Agreement,
      Company shall verify by letter to Vendor that the original and all
      copies of the software, in whatever form, in part or in whole, have
      been returned to Vendor, or have been destroyed.
5.0   LIMITATIONS OF LIABILITY
5.1   Vendor makes no warranties with respect to the licensed program.  The
      obligations of vendor shall be:
5.1.1 To make a reasonable effort to fix any operations/execution problems
      that are found by the Company which prevent the program from
      performing the functions described in vendor-supplied documentation.
5.1.2 Following the execution of this Agreement, Buerg Software agrees to
      make available to the Company any major product enhancement at the
      then-current price with a credit for fees paid under this Agreement
      in accordance with the following schedules:  One hundred percent
      (100%) within ninety (90) days, seventy-five percent (75%) within
      six (6) months, fifty percent (50%) within one year, and twenty-five
      percent (25%) within two years.  At the end of two years, no credit
      will be given.
5.2   Company makes no warranties with respect to the distribution of the
      software other than those covered elsewhere in this Agreement.
5.3   The foregoing warranties are in lieu of all other warranties
      expressed or implied, including, but not limited to, the implied
      warranties of merchantability and fitness for a particular purpose.
      Company further agrees that Vendor shall not be liable for any lost
      profits, or for any claim or demand against Company by any other
      party, except as provided herein.  In no event shall vendor be liable
      for consequential damages, even if Vendor has been advised of the
      possibility of such damages.
6.0   LAWS GOVERNING
6.1   Regardless of the place of contracting, place of performance, or
      otherwise, this Contract, and all amendments, modifications,
      alterations, or supplements thereto, shall be governed by the law of
      the State of California, as to the nature, validity, and
      interpretation thereof.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly
executed on their behalf as of the day and year first written in the
preamble of this Agreement in two counterparts, each one of which bearing
original signatures shall for all purposes be deemed an original.

      Accepted by:                          Accepted by:
      BUERG SOFTWARE
      SSN: 572-70-3535                      Name __________________________

By    _______________________________       By   __________________________

Title _______________________________       Title__________________________

Date  _______________________________       Date __________________________