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LICENSE
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1990-02-04
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LICENSING FOR LIST
Effective 10/28/89
Copies of LIST for personal use are free. If you find LIST of value,
you are encouraged to make a gift ($20 suggested) and become a LIST
supporter. Technical support is available to LIST supporters through
the VOR bulletin board system at (707) 778-8944 at no charge. A license
is required for use of LIST by corporations and institutions, and for
its commercial distribution.
This information also applies to my SORTF, QDR, FBR programs, and to
any of my other programs that may be of interest to you.
You may obtain a license for the use of LIST by writing to me. The
license is for perpetual, non-exclusive use of the version. Purchase
orders and invoicing are acceptable. A license agreement form is
enclosed. You may use it, or supply your own for my review.
If you have special requirements, such as licensing for an unlimited
number of copies, or customization, please feel free to submit them in
writing. You may request a license for:
o a fixed number of copies, see the discount schedule;
o an unlimited number of copies;
o customization of messages and documentation, an additional
fee may be required depending on the extent of changes;
o permission to include with your company's commercial
products; see the commercial distribution schedule;
o or other needs.
The fee for a license depends on the estimated number of copies of the
program that you will use. The fee applies to one site. For local
area networks, one copy must be licensed for each computer that will be
using the program on the network. To use the discount schedule below,
estimate the total number of copies that you may eventually use.
LIST Ver 7 Other Programs
Number of users(copies) Price per copy Price per copy
1 $ 30.00 $ 15.00
2 to 10 $ 25.00 $ 15.00
11 to 25 24.00 14.00
26 to 50 23.00 13.00
51 to 75 22.00 12.00
76 to 100 21.00 12.00
101 to 125 20.00 10.00
Over 125: unlimited $2500.00 $1500.00
Regardless of the quantity, only one set of materials will be sent to
you. You may then make as many copies of LIST as are licensed.
Maintenance is free and technical support is available via telephone or
through the VOR bulletin board system at (707) 778-8944, at no charge.
Licensed users of LIST will receive notification of future upgrades.
Additional LIST manuals are available for $5 per copy.
TERMS: Orders of $50 or less must be prepaid.
Orders over $50 - NET 30.
Vernon D. Buerg, 139 White Oak Circle, Petaluma CA 94952, (707) 778-1811
COMMERCIAL DISTRIBUTION LICENSE FEE SCHEDULE
Effective 10-28-89
Thank you for the interest you have shown in distributing my programs.
While I distribute my software freely to individuals, I do not adhere
to the concept of distribution on a commercial basis, such as you have
proposed, since the programs will be sold, rather than given freely.
However, since this practice is becoming more prevalent, I have decided
to make my programs available according to the commercial distribution
license fee schedule below.
Licensing is available for:
o Archiving Utilities ............. ARCE
o File Backup and Restore ......... FBR
o JET's Little Helper ............. JLH
o File viewing utility ............ LIST
o Laserjet Booklet Printer ........ LJBOOK
o Quick Basic Cross Referencer .... QBX
o File Sort Utility ............... SORTF
o Quick Diskette Reformatter ...... QDR
- Commercial distribution license fee is $100 per program plus the per-copy
cost shown in the schedule below.
- Buerg Software will supply one disk and one manual under this licensing
agreement. Additional manuals are available at a cost of $5 per manual.
- Fee schedules shown are for the programs with and without the solicitation
included.
* If licensed without the solicitation, changes will be made to include
"LICENSED TO your company name".
* If licensed with the solicitation, no changes may be made to the
program, other than those agreed to by Buerg Software at the time of
licensing.
COST PER COPY
NUMBER OF COPIES WITH SOLICITATION WITHOUT SOLICITATION
1 - 99...................................$ 1.00 ................$ 2.00
100 - 499.................................. .80 ................ 1.75
500 - 999.................................. .60 ................ 1.25
1,000 - 4,999................................ .40 ................ .75
5,000 and over............................... .25 ................ .50
Again, thank you for your interest. If you need additional information or
would care to place an order, please advise.
Vernon D. Buerg, 139 White Oak Circle, Petaluma CA 94952, (707) 778-1811
AGREEMENT
NON-EXCLUSIVE END USER SOFTWARE LICENSE
This Agreement is entered into this _____ day of _______, 19___, by and between
Vernon D. Buerg, an individual, 139 White Oak Circle, Petaluma, CA 94952,
hereinafter referred to as Vendor, and ________________________________________,
located at ____________________________________________________________________
hereinafter referred to as Company, agree as follows:
1.0 LICENSE TO USER 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 proprietary
computer program called _______________ ("Software").
1.2 Company shall pay vendor a one-time fee of ___________________ 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 verion of the Software to the Company
which includes the statement "Licensed to: Company". The Company shall
have the right to copy, modify, duplicate, distribute, and use the
Software and any software derived from any source materials on ___________
personal computers for the internal business purposes of 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.
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, and will exercise the same care and
diligence to protect the Vendor's proprietary property as it does to
protect its own.
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 To make available to the Company, as a replacement to the program
initially supplied under this Agreement, all subsequent versions
published by or on behalf of vendor during the first and second years of
the term of this Agreement for no additional fee.
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.
vendor agrees that the Company shall not be liable for any lost profits
for the unauthorized use or distribution of the program so long as the
other terms of this Agreement are complied to.
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.
Vernon D. Buerg, individual Accepted by:
SS No. 572-70-3535
Name _________________________________
By _______________________________ By _________________________________
Title _______________________________ Title _________________________________
Date _______________________________ Date _________________________________