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Software Vault: The Diamond Collection
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The Diamond Collection (Software Vault)(Digital Impact).ISO
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news1.zip
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SITELICE.DOC
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1995-01-22
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NEWS1.ZIP/NEWS FROM HEAVEN
---------------------------
Version 1.00
--------------
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 11 users (sites) your cost
would be $153.67 which saves you $65.78 of the cost of 11
separate purchases. The more sites you license, the more you
save.
Site License Information Page 1 of 8
Balanced Prosperity Copmany NEWS1/NEWS FROM HEAVEN v1.00
Discount Price Per Savings
Quantity Percentage Unit Per Unit
5 - 10 25% $14.96 $4.99
11 - 15 30% $13.97 $5.99
16 - 20 33% $13.66 $6.29
21 - 25 36% $12.76 $7.19
26 - 30 39% $12.16 $7.34
31 - 40 42% $11.57 $8.38
41 - 50 45% $10.97 $8.98
51 - 60 48% $10.37 $9.58
61 - 70 51% $9.78 $10.17
71 - 80 54% $9.18 $10.77
81 - 90 57% $8.58 $11.37
91 - 100 60% $7.98 $11.97
01+ Please contact Balanced Prosperity Company
These days the world seems to be run by attorneys, so of course
they want to get involved in everything. The following legalese
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:
Balanced Prosperity Company Voice: (905) 433-2950
P.O. Box 31097 FAX: (Forthcoming)
1300 King Street East CompuServe: 71533,3232
Oshawa, Ont., Canada Internet: 71533.3232@compuserve.con
L1H 8N9
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 agree-
ment with an authorized signature under LICENSOR.
If you have any questions, or if you need site license
information for more than 100 sites, please call our
offices at (905) 433-2950. 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:
Site License Information Page 2 of 8
NEWS1.ZIP <ASP> v1.00
END USER SITE LICENSE AGREEMENT
-------------------------------
Balanced Prosperity Company (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 executable 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 Balanced
Prosperity Company) 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 Balanced Prosperity Company's
copyright notice and any other proprietary legends, including
legends under relevant Canadian Federal Government laws), 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. If used on a
network system, each terminal user is automatically considered to
be using a distinct copy of the licensed program whether or not he
is actually using it.
Site License Agreement Balanced Prosperity Company Page 1 of 6
Balanced Prosperity Company NEWS1.ZIP Version 1.00
2.3 Licensee shall not use, copy, rent, lease, sell, modify,
decompile, disassemble, otherwise reverse engineer, or transfer
the 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 and notifying Balanced Prosperity Company in
writing. This license will also terminate as otherwise provided
in this agreement. On termination, Licensee shall return all
materials not destroyed to Balanced Prosperity Company 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 source code for the
licensed program and all documentation related thereto constitute
the valuable properties and trade secrets of Balance Prosperity
Company, 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 Balanced
Prosperity Company a competitive advantage.
5.3 Licensee agrees during the term of this license, and there-
after, 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 Balanced Prosperity Company 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.
Site License Agreement Balanced Prosperity Company Page 2 of 6
Balanced Prosperity Company NEWS1.ZIP 1.00
6.0 LIMITED WARRANTY
6.1 Balanced Prosperity Company 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 sub-
stantial conformity with the user documentation. Balanced
Prosperity Company does not warrant that the licensed program is
free from coding errors. Any program problems reported to
Balanced Prosperity Company during the warranty period and deter-
mined by Balanced Prosperity Companys to be actual coding errors
will be corrected by Balanced Prosperity Company 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
Balanced Prosperity Company personnel.
6.3 LICENSOR MAKES AND LICENSEE RECEIVES NO OTHER WARRANTY OF
ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE.
7.0 LIMITATION OF LIABILITY
7.1 The total liability of Balanced Prosperity Company 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 Balanced Prosperity Company for
the specific client project which is the subject of such claim or
damage.
7.2 IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR
ADDITIONAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE LICENSED PROGRAM, EVEN IF LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY Balanced
Prosperity Company IF:
8.1 Licensee fails to comply with any material term or condition of
this agreement and Licensee fails to cure such failure within
fifteen days after notices of such failure by Balanced Prosperity
Company; and
Site License Agreement Balanced Prosperity Company Page 3 of 6
Balanced Prosperity Company NEWS1.ZIP Version 1.00
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 Balanced Prosperity Company, which
consent will not be unreasonably withheld. Balanced Prosperity
Company 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 Province
of Ontario 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 Provincial Court in and for the Province of Ontario
in the Dominoin of Canada.
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 Canadian Arbitration
laws, using an arbitrator with knowledge of computers and software,
and judgment 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. This provision
shall not apply to any action or proceeding for injunctive relief.
9.4 This agreement and its exhibits contain the entire agreement
between the parties hereto, superseding 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 If 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.
Site License Agreement Balanced Prosperity Company Page 4 of 6
Balanced Prosperity Company NEWS1.ZIP Version 1.00
9.6 No amendment of this agreement shall be effective unless
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 provided hereinabove.
9.8 Timely payment is of the essence of this agreement.
9.9 This agreement may be signed in counterparts.
Site License Agreement Balanced Prosperity Company Page 5 of 6
Balanced Prosperity Company NEWS1.ZIP/NEWS FROM HEAVEN v1.00
Effective this _________ day of ________________________, 19_____.
LICENSEE LICENSOR
________________________________ _____________________________
Authorized Representative Authorized Representative
Typed name_____________________ Typed name__________________
Title__________________________ Title_______________________
Address________________________ Address_____________________
_______________________________ Balanced Prosperity Co._____
_______________________________ P.O. Box 31097__________
____________________________ Oshawa, Ont. Canada L1H 8N9
EXHIBIT 1
Licensed Program
NEWS1.ZIP/NEWS FROM HEAVEN Version 1.00
NUMBER OF USERS LICENSE FEE PER USER
5 - 10 $15.96
11 - 15 $13.97
16 - 20 $13.66
21 - 25 $12.76
26 - 30 $12.16
31 - 40 $11.57
41 - 50 $10.97
51 - 60 $10.37
61 - 70 $9.78
71 - 80 $9.18
81 - 90 $8.58
91 - 100 $7.98
101+ Please contact Balanced Prosperity Company
The above prices include one copy of the Retail Version of the
NEWS1.ZIP/NEWS FROM HEAVEN Licensee may make additional copies, up
to the number of copies licensed. Balanced Prosperity Company can
supply multiple copies of the distribution diskettes at an addit-
ional cost of $5.00 per copy plus shipping and handling costs.
Balanced Prosperity Company can supply multiple copies of the
printed User's Guide at an additional cost of $12.00 per copy plus
shipping and handling costs.
Site License Agreement Balanced Prosperity Company Page 6 of 6