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1992-01-05
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Find Area Code (FAC), Version 1.63
Copyright 1990-92 by Michael K. Molloy
All Rights Reserved
Developed and Marketed as Shareware
by
Michael K. Molloy
Mountain Data Systems
8531 East Dry Creek Place
Englewood, CO 80112
CompuServe: 72737,3237
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 licenser) 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 6 users (copies) your cost would be $80.76, which
saves you $26.94 of the cost of 11 separate purchases. The more copies
you license, the more you save.
Discount Price Per Savings
Quantity Percentage Unit Per Unit
-------- ---------- --------- --------
5 - 25 25% $13.46 $4.49
26 - 50 40% $10.77 $7.18
51 - 100 50% $8.98 $8.97
101+ Please contact Mountain Data Systems.
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:
Michael K. Molloy
Mountain Data Systems
8531 E. Dry Creek Place
Englewood, CO 80112 CompuServe: 72737,3237
U.S.A.
Upon receipt of the completed, signed form, and a check or money order
for the correct amount, I will send you the required "golden masters"
and a copy of the license agreement with an authorized signature under
LICENSER.
If you have any questions, or if you need site license information for
more than 101 sites, please contact me. 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:
Find Area Code (FAC)
END USER SITE LICENSE AGREEMENT
-------------------------------
Mountain Data Systems (Licenser) 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 nontransferrable, nonexclusive right to
use the number of copies of the licensed program indicated on Exhibit
1 for Licensee's internal use. Licenser (Mountain Data Systems) 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 Mountain Data Systems'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. 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.
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 Mountain Data Systems in writing. This
license will also terminate as otherwise provided in this agreement.
On termination, Licensee shall return all materials not destroyed to
Mountain Data Systems 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 Mountain Data Systems, 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 Mountain Data Systems 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 Mountain Data Systems 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 Mountain Data Systems 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
with the user documentation. Mountain Data Systems does not warrant
that the licensed program is free from coding errors. Any program
problems reported to Mountain Data Systems during the warranty period
and determined by Mountain Data Systems to be actual coding errors
will be corrected by Mountain Data Systems 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
Mountain Data Systems personnel.
6.3 LICENSER 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 Mountain Data Systems 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 Mountain Data Systems for the specific client project
which is the subject of such claim or damage.
7.2 IN NO EVENT SHALL LICENSER 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 LICENSER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY Mountain Data
Systems 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 Mountain Data Systems;
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 Mountain Data Systems, which consent
will not be unreasonably withheld. Mountain Data Systems 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
Colorado 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 outside Arapahoe
County, State of Colorado.
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 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.
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.
Effective this _________ day of ________________________, 19_____.
LICENSEE LICENSER
_______________________________ _______________________________
Authorized Representative Authorized Representative
Typed name_____________________ Typed name_____________________
Title__________________________ Title__________________________
Address________________________ Address________________________
_______________________________ Michael K. Molloy
Mountain Data Systems
_______________________________ 8531 E. Dry Creek Place
_______________________________ Englewood, Colorado 80112
EXHIBIT 1
Licensed Program
Find Area Code (FAC)
NUMBER OF USERS LICENSE FEE PER USER
5 - 25 $13.46
26 - 50 $10.77
51 - 100 $8.98
101+ Please contact Mountain Data Systems.
The above prices include one copy of the Retail Version of Find Area
Code (FAC). Licensee may make additional copies, up to the number of
copies licensed. Mountain Data Systems can supply multiple copies of
the distribution diskettes at an additional cost of $5.00 per copy
plus shipping and handling costs. Mountain Data Systems can supply
multiple copies of the printed User's Guide at an additional cost of
$12.00 per copy plus shipping and handling costs.