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SITELICE.DTS
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1991-11-14
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November 14, 1991
d t S e a r c h 1.11
SITE LICENSE INFORMATION
Site licensing enables companies, departments, government
agencies, etc., to equip their personnel with software at greatly
reduced cost. 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 single master of the diskettes and manual.
A site license for dtSearch currently costs $150.00 plus $35 per
user up to 50 users. Additional users beyond 50 cost $25 per
user. After November 14, 1992 please contact DT Software, Inc.
for new prices. Also, please contact DT Software, Inc. for
prices for more than 200 users.
Contract telephone technical support for dtSearch is available
separately from the Advanced Support Group, Inc. For information
about this service, please call the Advanced Support Group at
1-314-256-3130.
To obtain a site license, simply print this file, fill it out,
sign it under LICENSEE, enclose a check or money order for the
correct amount, and mail it to:
DT Software, Inc.
2101 Crystal Plaza Arcade, Suite 231
Arlington, Virginia 22202
Upon receipt of the completed, signed form, and a check or money
order for the correct amount, we will send you the required
masters and a copy of the license agreement with an authorized
signature under LICENSOR.
LICENSE
DT Software, Inc. (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
1.11 "Licensed program" means the object code version of
dtSearch and related program user documentation. No rights to
the source code versions of the licensed program are granted by
this license.
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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 below for Licensee's internal use. Licensor 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 Licensor'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 Licensor in writing. This
license will also terminate as otherwise provided in this
agreement. On termination, Licensee shall return all materials
not destroyed to Licensor together with a written verification
that the remaining materials have been destroyed.
4.0 LIMITED WARRANTY
DT Software, Inc. Site License Page 2 of 5
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4.1 Licensor 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. Any program problems
reported to Licensor during the warranty period and determined by
Licensor to be actual coding errors will be corrected by Licensor
within a reasonable time.
4.2 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 other than by Licensor.
4.3 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.
5.0 LIMITATION OF LIABILITY
5.1 The total liability of Licensor 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 Licensor for the specific client project
which is the subject of such claim or damage.
5.2 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.
6.0 TERMINATION. This license may be terminated by Licensor if:
6.1 Licensee fails to comply with any material term or
condition of this agreement and Licensee fails to cure such
failure within fifteen days after notice of such failure by
Licensor; or
6.2 Licensee's normal business operations are disrupted or
discontinued for more than thirty days by reason of insolvency,
bankruptcy, receivership, or business termination.
7.0 GENERAL TERMS
7.1 Neither this agreement nor any rights or obligations
hereunder shall be assigned or otherwise transferred by Licensee
DT Software, Inc. Site License Page 3 of 5
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without prior written consent of Licensor, which consent will not
be unreasonably withheld. Licensor may assign this agreement
entirely in its discretion upon the express written assumption of
the obligations hereunder by the assignee.
7.2 This agreement shall be interpreted and enforced in
accordance with and shall be governed by the laws of the State of
Virginia 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 County Court in and for Arlington County, State of
Virginia, or in the United States District Court for the Northern
District of the State of Virginia.
7.3 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.
7.4 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 a written
agreement signed by an authorized representative of the parties.
7.5 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.
7.6 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.
DT Software, Inc. Site License Page 4 of 5
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7.7 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.
7.8 Timely payment is of the essence of this agreement.
7.9 This agreement may be signed in counterparts.
Effective this _________ day of ________________, 19_____.
Total number of users _________
Price:
$ 150.00
_______ Users @ $35.00 each ______________ (first 50 users)
_______ Users @ @25.00 each ______________ (additional users)
Total amount: ______________
Please enclose a check or money order payable to DT Software, Inc.
LICENSEE LICENSOR
______________________________ _______________________________
Authorized Representative Authorized Representative
Typed name_____________________ Typed name_____________________
Title__________________________ Title__________________________
Address_______________________ DT Software, Inc.
2101 Crystal Plaza Arcade
_______________________________ Suite 231
Arlington, Virginia 22202
_______________________________
_______________________________
DT Software, Inc. Site License Page 5 of 5