Phoenix CD 2.0/Phoenix_CD.cdr/01e/list75f.zip/LICENSE

Text File | 1990-09-27 | 9KB | 182 lines

                               LICENSING FOR LIST
                               Effective  8/06/90

 LIST is  not a  public domain  program.  Copies  of LIST  for personal use are
 free, but if you find  LIST of value, you are  encouraged to make a gift  ($20
 suggested) and become a  LIST supporter.  You may  also register your copy  of
 LIST Plus for  $30 and receive  a disk and  manual along with  notification of
 future versions.  A license  is required for use  of LIST by corporations  and
 institutions, and for its commercial distribution.

 Technical support is  available to LIST  supporters and licensees  through the
 VOR bulletin board system at [phone] and [phone] at no charge.

 This information also applies to my ARChive, SORTF, QDR, FBR 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  or phoning.  The
 license  is  for  perpetual,  non-exclusive  use  of the current or a previous
 version.  Purchase orders and  invoicing are acceptable.  A  license agreement
 form is enclosed, but is not required  by me.  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  licensing for multiple sites;
          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            $ 15

         2   to 10                   25              15  One disk and manual
         11  to 25                   24              14
         26  to 50                   23              13
         51  to 75                   22              12
         76  to 100                  21              11
         101 to 125                  20              10

         Unlimited at one site    $2500           $1500
         Additional sites          1250             750  unlimited at each site

 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.  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, [phone]

                              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 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.

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  _________________________________