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Night Owl's Shareware - PDSI-006 - Night Owl Corp (1990).iso
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1990-03-18
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8KB
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236 lines
LICENSING FOR THE WAITER MENU SYSTEM
Effective January 1, 1990
Number of users(copies) Price per copy
10 to 20 14.00
21 to 35 13.00
36 to 50 12.00
51 to 100 10.00
101 to 200 9.00
201 to unlimited 8.00
Regardless of the quantity, one set of master disks will be
provided. You may make as many copies as you are licensed.
Upgrades will be made automatically when they become available.
Technical support is available via a bulletin board system at
(816) 228-1957, at no additional charge.
AGREEMENT
NON-EXCLUSIVE END USER SOFTWARE LICENSE
This Agreement is entered into this _____ day of _______, 19___,
by and between Dennis L. Raney, an individual, 2612 Castle Drive,
Blue Springs, Mo. 64015-2845, hereinafter referred to as Vendor,
and ________________________________________, located at
_________________________________________________________________
hereinafter referred to as Company, agree as follows:
I. LICENSE TO USER VENDOR'S PROGRAM
A. 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").
B. Company shall pay vendor a one-time fee of _________________
Dollars ($___________) for the license to use this Software.
C. Vendor grants to Company the right to extend the license to
additional personal computers at the quantity price of all
current licensed copies during the life of said contract.
D. 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.
E. 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.
F. 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.
II. TITLE TO SOFTWARE
A. Title to the software and all related material is with
Vendor.
B. Neither the software nor this Contract may be assigned, sub-
licensed or otherwise transferred by Company without the prior
written consent of the Vendor.
C. Company agrees to use its best efforts to prevent any and all
unauthorized persons from acquiring the Software, and will
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exercise the same care and diligence to protect the Vendor's
proprietary property as it does to protect its own.
III. TERMS OF AGREEMENT
A. The term of this Agreement shall begin on the date first
above written and shall continue in perpetuity unless earlier
terminated as described below.
B. Vendor may terminate this Agreement on ten (10) days written
notice to Company if Company fails to comply with the terms and
conditions herein.
C. 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.
D. 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.
IV. DISPOSITION OF SOFTWARE
A. If this Contract is terminated early Company shall return or
destroy all copies of software.
B. 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.
V. LIMITATIONS OF LIABILITY
A. Vendor makes no warranties with respect to the licensed
program. The obligations of vendor shall be:
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.
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.
B. Company makes no warranties with respect to the distribution
of the software other than those covered elsewhere in this
Agreement.
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C. 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.
VI. LAWS GOVERNING
A. 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 Missouri, 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.
Dennis L. Raney, individual Accepted by:
By __________________________ By ______________________________
Title _______________________ Title ___________________________
Date ________________________ Date ____________________________
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