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sitelice.doc
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BOOT.SYS SITELICE.DOC Version 2.00
BOOT.SYS(tm) and the accompanying programs and documentation
are
Copyright (c) 1989, 1990, 1991, 1993 Hans Salvisberg
All rights reserved
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 many persons in the organization need to
use a product, but do not need additional manuals or disks.
Site licensing enables you to equip your computers with
BOOT.SYS at a minimal cost (single-copy price is SFR 70.00,
pricing in US$ see further down):
Number of License Total Fee Fee for Each
Computers Fee per Additional
Computer Computer
100 SFR 23.20 SFR 2,320.00 SFR 15.30
200 SFR 19.20 SFR 3,840.00 SFR 11.10
500 SFR 14.30 SFR 7,150.00 SFR 7.80
Prices are in Swiss Francs (SFR); prices and terms are current
as of June 1993 and may change without notice.
These prices include one copy of the retail version of
BOOT.SYS, branded to your organization (displaying your orga-
nization's name and the licensed number of computers), and two
additional manuals. You may install BOOT.SYS on up to the
licensed number of computers. Additional manuals are available
for a nominal fee. Support is provided to ONE designated rep-
resentative of your organization.
To initiate an agreement please send us one completed, signed
copy of the site license agreement and the invoice form below
with payment for the amount corresponding to the licensed num-
ber of PCs. We will return a countersigned copy to you with
the branded disks and manuals.
Payment can be done by
- VISA, MC, or AmEx credit card (AmEx requires the shipping
address to be identical with the billing address of the
card!)
- check or money order in Swiss funds drawn on a Swiss bank
- bank transfer (prepaid) to Union Bank of Switzerland,
CH-3001 Berne, SWITZERLAND, account 560828.40U
If you prefer payment in US$ we can accept checks, money
orders and bank transfers in US$ at the following rates:
Number of License Total Fee Fee for Each
Computers Fee per Additional
Computer Computer
100 $18.60 US $1,860.00 US $12.00 US
200 $15.30 US $3,060.00 US $9.00 US
500 $11.50 US $5,750.00 US $6.20 US
Prices and terms are current as of June 1993 and may change
without notice.
>> If you wish to pay in US$, please replace the SFR fee <<
>> schedule in Exhibit 1 of the site license agreement <<
>> at the end of this file with the US$ schedule above. <<
Salvisberg Software & Consulting __<date>__
Bellevuestr. 18
CH-3095 Berne
SWITZERLAND
_<shipping/billing address>__
_____________________________
_____________________________
_____________________________
_____________________________
Invoice, Ref: __________________
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Item Currency/Amount
Non-exclusive site license to install and
use BOOT.SYS on ____ PCs (__in_words__).
Support is provided through one designated
representative of the licensee only.
Licensed to (company name, city, postal
code, country):
________________________________________ _____ _________
S&H: Switzerland: 5.00; Europe: 10.00;
outside Europe: 15.00 (Airmail) _____ _________
---------------
Amount Due _____ _________
===============
To Purchasing, Accounts Payable:
Note that BOOT.SYS has been delivered and accepted by the
customer. Upon receipt of this paid invoice, printed manual(s)
and current disk(s) will be sent.
Thank you for your order!
Regards,
Hans Salvisberg
BOOT.SYS 2.00 - Site License Agreement Page 1 of 7
PROGRAM END USER SITE LICENSE AGREEMENT
Hans Salvisberg (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 Docu-
mentation, and any authorized upgrades of the Licensed Program
delivered by Licensor to Licensee under this Agreement. No
rights to the source code versions of the Licensed Program are
granted by this license, and delivery of an upgrade does not
increase the number of uses of the Licensed Program authorized
hereunder.
1.2 "Object Code" means any instruction or set of instruc-
tions 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 equip-
ment.
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
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 contained on the delivered copy.
2.2 Each copy of the Licensed Program provided under this
license may be installed on only one computer at any one time.
If used on a network system, each computer accessing the pro-
gram is considered to be employing a distinct copy of the
Licensed Program.
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.
BOOT.SYS 2.00 - Site License Agreement Page 2 of 7
3.0 Terms
3.1 This license is effective until terminated. Licensee
may terminate it at any time by destroying the Licensed Pro-
gram and all copies of it and notifying the Licensor in writ-
ing. 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 Payment
4.1 The fee for this license is set forth in Exhibit 1.
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 Licensed Pro-
gram and all documentation related thereto constitute the
valuable properties and trade secrets of Licensor, owner of
the copyright to the Licensed Program, embodying substantial
creative efforts which are secret, confidential, and not gen-
erally known by the public, and which secure to Licensor 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 con-
fidence 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 Licensor 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 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 reproducible pro-
gram problems reported to Licensor during the warranty period
and determined by Licensor to be failures to substantially
conform with the User Documentation will be corrected by
Licensor within a reasonable time; if Licensor cannot correct
BOOT.SYS 2.00 - Site License Agreement Page 3 of 7
such problems, Licensor shall refund the license fee. Any mod-
ifications 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 accor-
dance with the User Documentation, or (2) modified by any per-
son other than authorized Licensor personnel.
6.3 LICENSOR MAKES AND LICENSEE RECEIVES NO OTHER WARRANTY
OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITA-
TION, ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE.
7.0 Limitation Of Liability
7.1 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 LICENSE
HEREUNDER.
7.2 IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE
FOR ANY ADDITIONAL DAMAGES, INCLUDING LOST PROFITS, LOST SAV-
INGS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THE LICENSED PROGRAM,
EVEN IF LICENSOR OR ITS SUPPLIER(S) HAS/HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
8.0 Termination. This License May Be Terminated By Licensor
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
Licensor; or
8.2 Licensee's normal business operations are disrupted or
discontinued for more than thirty days by reason of insol-
vency, bankruptcy, receivership, or business termination.
9.0 Additional Uses
9.1 If Licensee desires to use copies of BOOT.SYS on more
computers than are authorized under this Agreement ("addi-
tional uses"), it shall complete and sign the attached Addi-
tional Use Request Form, and send it to Licensor together with
the applicable fee. The fee shall be Licensor's standard site
license fee (as set forth in Exhibit 1) corresponding to the
number of additional uses requested by Licensee. The number of
uses previously authorized to Licensee shall not be counted in
determining the discount level applicable to the additional
BOOT.SYS 2.00 - Site License Agreement Page 4 of 7
uses requested. The license hereunder shall be deemed extended
to cover the additional uses upon Licensor's execution and
return of a copy of the Additional Use Request form.
10.0 General Terms
10.1 Neither this Agreement nor any rights or obligations
hereunder shall be assigned or otherwise transferred by
Licensee without prior written consent of Licensor, which con-
sent 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.
10.2 All disputes arising in connection with the present
Agreement (other than claims relating to infringement or mis-
use of Licensor's intellectual property) shall be finally
settled under the Rules of Conciliation and Arbitration of the
International Chamber of Commerce in Paris by one or more
arbitrators with knowledge of computers and software,
appointed in accordance with the said Rules. Judgment upon the
award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof.
The place of arbitration will be a place reasonably set by the
arbritator that is accessible to both parties, taking account
of their respective locations and resources. Unless mutually
agreed upon otherwise, the language of arbitration shall be
English.
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 five years after the
cause of action accrued.
Each party pays its own costs of arbitration.
10.3 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 both parties.
10.4 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.
10.5 No amendment of this Agreement shall be effective
unless it is in writing and signed by duly authorized repre-
sentatives of 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.
BOOT.SYS 2.00 - Site License Agreement Page 5 of 7
10.6 This Agreement shall be binding on and shall inure to
the benefit of the heirs, executors, administrators, succes-
sors 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.
10.7 Time is of the essence of this Agreement.
10.8 This Agreement may be signed in counterparts.
-------------------
Effective this ______ day of _______________________, 19_____.
LICENSEE LICENSOR
X ________________________ __________________________
Authorized Representative Authorized Representative
Typed name________________ Typed name________________
Title_____________________ Title_____________________
Address___________________ Address___________________
__________________________ __________________________
__________________________ __________________________
__________________________ __________________________
Licensed number of computers: _______
Typed designation of Licensee, i.e. company name, name of
department, business unit, work-group, etc., and city (at most
47 characters, including spaces):
________________________________________________________
BOOT.SYS 2.00 - Site License Agreement Page 6 of 7
EXHIBIT 1
Licensed Program
BOOT.SYS, Version 2.00
Number of License Total Fee Fee for Each Total
Computers Fee per Additional number of
Computer Computer manuals
10 SFR 40.50 SFR 405.00 SFR 28.60 2
20 SFR 34.50 SFR 690.00 SFR 23.20 2
50 SFR 27.70 SFR 1 385.00 SFR 18.80 3
100 SFR 23.20 SFR 2,320.00 SFR 15.30 3
200 SFR 19.20 SFR 3,840.00 SFR 11.10 3
500 SFR 14.30 SFR 7,150.00 SFR 7.80 3
The above prices include one copy of the Retail Version of the
Licensed Program, branded to Licensee (displaying the Licen-
see's name and the licensed number of computers), and addi-
tional manuals as indicated. Licensee may make additional
copies, up to the licensed number of computers.
Additional manuals are available for SFR 8.00 each, plus ship-
ping and handling costs.
Prices and terms are subject to change without notice.
Under this Agreement Licensor provides support by electronic
mail or mail to ONE designated representative of Licensee.
BOOT.SYS 2.00 - Site License Agreement Page 7 of 7
EXHIBIT 2
Addtional Use Request Form
The Licensee named below has a site license for BOOT.SYS cur-
rently in effect (serial number
_______________), dated ___________________ (the "Site
License") for the number of authorized uses set forth below,
and wishes to extend it to add additional authorized uses.
Number of uses currently autho- ____________
rized:
Number of additional uses desired: ____________
Total number of authorized uses ____________
desired:
Fee for additional uses
(based on number of additional uses $___________ US
only)
Licensee acknowledges that the additional uses requested shall
be included in the Site License only upon Licensor's
acceptance of this request by countersigning and returning
this form to Licensee. Once accepted, the additional uses
shall be subject to all terms and conditions of the Site
License.
Full payment of the additional use fee must accompany this
request.
If Licensor for any reason fails or refuses to accept this
additional use request, it shall return the payment to
Licensee.
Licensee: X __________________________________
Typed name: ____________________________________
Title: ____________________________________
Date: ____________________________________
ACCEPTED BY Salvisberg Software & Consulting (Licensor):
Signature: ____________________________________
Date: ____________________________________
