As long as it is used for educational or non-profit use, ShrinkWrap is Freeware and should continue to be freely distributed via the Internet, local bulletin board systems (BBS), commercial on-line services, user groups and between friends.
After a 90 evaluation period, commercial organizations must purchase a site license for all copies of ShrinkWrap™ that they continue to use. Single-user and site licenses can be easily obtained through Kagi Shareware using the Register application that has been provided. Read on for more details.
Licensing ShrinkWrap™ for Commercial Use
ShrinkWrap has the following commercial site pricing:
Single-user licenses are $20 per user.
A Site License costs $500 per year and covers all locations for your organization within a 100 mile radius of your site (160 kilometers). One big advantage of a Site License is that you do not need to keep track of how many people at your site are using the software at any given time.
A World-Wide License costs $1000 per year and covers all locations for your organization throughout the globe.
A Commercial Distribution License costs $2500 per year and includes rights to bundle ShrinkWrap with all your commercial hardware and software products. It includes a World-wide site license for your organization and even covers development of customized builds of ShrinkWrap that display your company logo in the splash screen, about box or progress bar. For more information on commercial distribution licensing, contact the author directly at <chad@halcyon.com>.
Paying for a ShrinkWrap commercial license is fairly simple. Open the Register program and enter your name, your email address, and the number of single-user licenses you desire for each program you wish to purchase (or Site or World-Wide licenses). Save, Copy or Print the data from the Register program and send the data and payment to Kagi Shareware. Kagi Shareware will handle the payment processing.
If paying with Credit Card or First Virtual, you can email or fax the data to Kagi Shareware. Their email address is <shareware@kagi.com> and their fax number is +1 510 652-6589. You can either Copy the data from Register and paste into the body of an email message or you can Save the data to a file and you can attach that file to an email message. There is no need to compress the data file, it's already pretty small. If you have a fax modem, just Print the data to the Kagi fax number.
Payments sent via email are processed within 3 to 4 days. You will receive an email acknowledgment when it is processed. Payments sent via fax take up to 10 days and if you provide a correct internet email address you will receive an email acknowledgment.
If you are paying with Cash or USD Check you should print the data using the Register application and send it to the address shown on the form, which is:
Kagi Shareware
1442-A Walnut Street #392-CL
Berkeley, California 94709-1405
USA
You can pay with a wide variety of cash from different countries but at present if you pay via check, it must be a check drawn in US Dollars. Kagi Shareware cannot accept checks in other currencies, since the conversion rate for non-USD checks is around USD 15 per check and that is just not financially viable. If you have a purchasing department, you can enter all the data into the Register program and then select Invoice as your payment method. Print three copies of the form and send it to your accounts payable people. You might want to highlight the line that mentions that they must include a copy of the form with their payment. Kagi Shareware can not invoice your company, you need to act on my behalf and generate the invoice and handle all the paperwork on your end. Please do not fax or email payment forms that indicate Cash, Check or Invoice as the payment method. As far as we know, there is still no technology to transfer physical objects via fax or email and without the payment, the form cannot be processed. Payments send via postal mail take time to reach Kagi Shareware and then up to 10 days for processing. Again, if you include a correct email address, you will hear from Kagi Shareware when the form is processed.
ShrinkWrap™ Licensing Agreement
This is a legal agreement between you and the Developer (Chad Magendanz) covering your use of ShrinkWrap™. Be sure to read the following agreement before using the software. BY USING THE SOFTWARE (REGARDLESS IF YOU HAVE REGISTERED THE SOFTWARE OR NOT), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT.
The Developer grants you a non-exclusive license to use the Software free of charge if (a) you are a student, faculty member or staff member of an educational institution (K-12, junior college, college or library) or an employee of an organization which meets our criteria for a charitable non-profit organization; or (b) your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period for use by or on behalf of a commercial entity is limited to 90 days; evaluation use by others is not subject to this 90 day limit. Government agencies (other than public libraries) are not considered educational or charitable non-profit organizations for purposes of this Agreement. If you are using the Software free of charge, you are not entitled to email support or assistance. If you fit within the description above, however, you may use the Software in the manner described in Part III below under "Scope of Grant."
DISCLAIMER OF WARRANTY.
Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not the Developer assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license fees, the Developer grants to you a non-exclusive license to use the Software and accompanying documentation in the manner described in Part III below under "Scope of Grant."
MAINTENANCE, MODIFICATION, AND TRAINING. For the duration of this agreement, if you notify the Developer of program error(s) or the Developer has other reason to believe that errors exist in the Software, the Developer shall use his best efforts to verify and fix the error(s) within ninety (90) days. The Developer will then supply at no charge to you all Software enhancements improving performance or utility that are made freely available to other licensed users. The Developer shall promptly notify you if an error cannot be fixed within the time specified in this paragraph. End-user support will be provided via electronic mail.
WARRANTIES. The Developer warrants i) that he has the legal right to grant you this and that such license does not infringe any third parties’ patent, copyright, trade secret, or other property rights; ii) there are no pending lawsuits or claims concerning any aspect of the Software, iii) the Software has not been published in such a way as to lose any of its copyright protection, and iv) the Software is in substantial compliance with the included documentation.
INDEMNIFICATION. The Developer agrees to indemnify and hold you harmless from claims by third parties arising out of a breach by the Developer of its warranties made in the above paragraph provided that you promptly notify the Developer of all claims. The Developer shall defend you against all claims that the Software infringes a patent, copyright, trade secret, or other property right of a third party and shall pay the resultant court costs, legal fees, and any approved settlements or damages finally awarded, up to the amount of payment received or accrued for the Software as of the date the award or settlement is paid.
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT.
You may:
• use the Software on any single computer;
• use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person;
• use the Software on a second computer so long as only one copy is used at a time;
• copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices;
• if you have purchased a Site License, you may use the Software on any of your organization’s computers located within a 100 mile radius of your site (160 kilometers); or
• if you have purchased a World-wide License, you may use the Software on any of your organization’s computers located world-wide.
You may not:
• permit other individuals to use the Software except under the terms listed above;
• permit concurrent use of the Software;
• modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
• copy the Software other than as specified above;
• rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
• remove any proprietary notices or labels on the Software.
TITLE.
Title, ownership rights, trademarks and intellectual property rights in the Software shall remain with the Developer and/or his suppliers. The Software is protected by the copyright laws and treaties.
TERMINATION.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and documentation.
MISCELLANEOUS.
If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Washington law (except for conflict of law provisions).
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to the Developer's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Developer is Chad Magendanz, 15220 263rd Ave SE, Issaquah, WA 98027 USA.
