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LICENSE.DOC
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1995-02-28
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22KB
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402 lines
PLEASE FEEL FREE TO (i) UPLOAD THIS SOFTWARE TO ANY ELECTRONIC BULLETIN
BOARD, (ii) DEMONSTRATE THE SOFTWARE AND ITS CAPABILITIES OR (iii) GIVE
COPIES TO POTENTIAL USERS, SO THAT OTHERS MAY HAVE THE OPPORTUNITY TO
OBTAIN A COPY FOR USE IN ACCORDANCE WITH THE LICENSE TERMS CONTAINED IN
THIS FILE.
BUSINESS/INSTITUTION/GOVERNMENT LICENSE. If you are a business,
institution or government agency, the first of the three licenses in this
file pertains to you. Forms to request information regarding this license
are at the end of this file.
SHAREWARE DISTRIBUTION LICENSE. If you are a shareware distributor, the
second of the two licenses in this file pertains to you.
HOME USER LICENSE. If you are an individual end user whose use is not on
behalf of a business, organization or government agency, the license in
the REGISTER.DOC file pertains to you. Registration forms are also
located in the REGISTER.DOC file.
_______________________________________________________________
Easy Post Systems BUSINESS/INSTITUTION/GOVERNMENT LICENSE
NOTICE TO USERS ("COMPANY"): CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT. COMPANY'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE
BY COMPANY WITH THE TERMS OF THIS AGREEMENT. CONTINUED USE AFTER
EVALUATION IS CONDITIONED UPON PAYMENT BY COMPANY OF THE NEGOTIATED
LICENSE FEE SPECIFIED IN A CONFIRMATION LETTER FROM EASY POST SYSTEMS
("EASY POST SYSTEMS").
The Software may not be distributed by Company to any outside corporation,
organization or government agency. This license authorizes Company to use
the number of copies described in the confirmation letter from Easy Post
Systems and for which Company has paid Easy Post Systems the negotiated
license fee. If the confirmation letter from Easy Post Systems indicates
that Company's license is "Corporate-Wide", this license will be deemed to
cover copies duplicated and distributed by Company for use on any
additional incremental machines purchased or leased by Company during the
Term, at no additional charge. This license will remain in effect for two
years from the date of the confirmation letter from Easy Post Systems
authorizing such continued use or such other period as is stated in the
confirmation letter (the "Term"). If Company does not obtain a
confirmation letter and pay the applicable license fee, this license
expires at the end of the evaluation period. All updates must be accessed
and downloaded from Easy Post Systems's bulletin board, the Easy Post
Systems files on BBSs, or Easy Post Systems's BBS node. Access
instructions for the Company's licensed user bulletin board are included
in the confirmation letter.
I. SINGLE POINT OF CONTACT. Support for Software bug reports and other
product issues will be handled through a single point of contact within
the Company. Company shall identify the contact individual when placing
its order with Easy Post Systems or Easy Post Systems's Authorized Agent.
There will be no charge for support of the Software when channelled
through such individual. Support requests from other organizational areas
will be billed at normal hourly support rates.
II. EMPLOYEE HOME USE OPTION. In the case where Company is licensing
more than 75 copies of the Software, Easy Post Systems will license the
Software for home use by employees if requested by Company, in writing,
within the first year of the license. The cost for this option is 20% of
the standard site license fee for that number of employee home use
machines.
III. GENERAL TERMS.
COPYRIGHT. The Software is protected by United States copyright laws and
international treaty provisions. Company acknowledges that no title to
the intellectual property in the Software is transferred to Company.
Company further acknowledges that full ownership rights to the Software
will remain the exclusive property of Easy Post Systems or its suppliers,
and Company will not acquire any rights to the Software except as
expressly set forth in this license. Company agrees that any copies of
the Software made by Company will contain the same proprietary notices
which appear on and in the Software.
REVERSE ENGINEERING. Company agrees that it will not attempt, and will
use its best efforts to prevent its employees from attempting to reverse
compile, modify, translate or disassemble the Software in whole or in
part.
LIMITED WARRANTY. Easy Post Systems warrants that the Software will
perform substantially in accordance with the accompanying documentation
for a period of ninety (90) days from the date Easy Post Systems receives
payment.
COMPANY REMEDIES. If the Software does not conform to the limited
warranty above ("Limited Warranty"), Easy Post Systems's entire liability
and Company's sole and exclusive remedy shall be, at Easy Post Systems's
option, either to (a) correct the error, (b) help Company work around or
avoid the error or (c) authorize a refund, so long as the Software is
destroyed by Company. The Limited Warranty is void if failure of the
Software has resulted from accident, abuse, or misapplication. Any
replacement Software will be warranted for the remainder of the original
Limited Warranty period.
NO OTHER WARRANTIES. EASY POST SYSTEMS DOES NOT WARRANT THAT THE SOFTWARE
IS ERROR FREE, IDENTIFIES ALL KNOWN VIRUSES OR MAY NOT OCCASIONALLY REPORT
A VIRUS IN A FILE NOT INFECTED BY THAT VIRUS. EXCEPT FOR THE EXPRESS
LIMITED WARRANTY ABOVE, EASY POST SYSTEMS DISCLAIMS ALL OTHER WARRANTIES
WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
SEVERABILITY. In the event of invalidity of any provision of this
license, the parties agree that such invalidity shall not affect the
validity of the remaining portions of this license.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EASY POST
SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR
USE OF THE SOFTWARE, EVEN IF EASY POST SYSTEMS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EASY POST SYSTEMS'S
LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF
LIABILITY, EXCEED THE LICENSE FEE PAID BY COMPANY.
EXPORT. Company agrees that it will not export or re-export the Software
to North Korea, Vietnam, Cuba, Iran or Iraq without the appropriate United
States or foreign government licenses.
GOVERNING LAW. This Agreement will be governed by the laws of the State
of Arizona as they are applied to agreements to be entered into and to be
performed entirely within Arizona. The United Nations Convention on
Contracts for the International Sale of Goods is specifically disclaimed.
U.S. GOVERNMENT RESTRICTED RIGHTS. If the Software is acquired (i) for
use by DoD, use, duplication or disclosure by the Government is subject to
the terms of this license unless superseded by 252.227-7013(c)(1)(ii) or
(ii) for use by civilian agencies, use, reproduction or disclosure is
subject to the terms of this license unless superseded by 52.227-19.
ENTIRE AGREEMENT. This Agreement together with any Easy Post Systems
confirmation letter constitute the entire agreement between Company and
Easy Post Systems which supersedes any prior agreement, including any
prior license from Easy Post Systems, or understanding, whether written or
oral, relating to the subject matter of this Agreement. The terms and
conditions of this Agreement shall apply to all orders submitted to Easy
Post Systems and shall supersede any different or additional terms on
purchase orders from Company.
Should you have any questions concerning this license agreement, or if you
desire to contact Easy Post Systems for any reason, please call (602)
327-1656, or write: Easy Post Systems, P.O. Box 43490, Tucson, Arizona
85733-3490.
_________________________________________________________________
Easy Post Systems SERVICE LICENSE
NOTICE TO SERVICE PROVIDERS ("COMPANY"): CAREFULLY READ THE FOLLOWING
LEGAL AGREEMENT. COMPANY'S USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY COMPANY WITH THE TERMS OF THIS AGREEMENT AND PAYMENT BY
COMPANY OF THE NEGOTIATED LICENSE FEE SPECIFIED IN A CONFIRMATION LETTER
FROM EASY POST SYSTEMS ("EASY POST SYSTEMS").
The Software may not be distributed by Company to any outside corporation,
organization or government agency. This license authorizes Company to use
the number of copies described in the confirmation letter from Easy Post
Systems and for which Company has paid Easy Post Systems the negotiated
license fee. The Software must remain on diskette, may not be copied to a
hard drive, and must be removed from the client/customer site when the
Company representative leaves the site. This license will remain in
effect for two years from the date of the confirmation letter from Easy
Post Systems authorizing such use or such other period as is stated in the
confirmation letter (the "Term"). All updates must be accessed and
downloaded from Easy Post Systems's bulletin board, or Easy Post Systems's
Internet node. Access instructions for the Company's licensed user
bulletin board are included in the confirmation letter.
I. SINGLE POINT OF CONTACT. Support for Software bug reports and other
product issues will be handled through a single point of contact within
the Company. Company shall identify the contact individual when placing
its order with Easy Post Systems or Easy Post Systems's Authorized Agent.
There will be no charge for support of the Software when channelled
through such individual. Support requests from other organizational areas
will be billed at normal hourly support rates.
II. GENERAL TERMS.
COPYRIGHT. The Software is protected by United States copyright laws and
international treaty provisions. Company acknowledges that no title to
the intellectual property in the Software is transferred to Company.
Company further acknowledges that full ownership rights to the Software
will remain the exclusive property of Easy Post Systems or its suppliers,
and Company will not acquire any rights to the Software except as
expressly set forth in this license. Company agrees that any copies of
the Software made by Company will contain the same proprietary notices
which appear on and in the Software.
REVERSE ENGINEERING. Company agrees that it will not attempt, and will
use its best efforts to prevent its employees from attempting to reverse
compile, modify, translate or disassemble the Software in whole or in
part.
LIMITED WARRANTY. Easy Post Systems warrants that the Software will
perform substantially in accordance with the accompanying documentation
for a period of ninety (90) days from the date Easy Post Systems receives
payment.
COMPANY REMEDIES. If the Software does not conform to the limited
warranty above ("Limited Warranty"), Easy Post Systems's entire liability
and Company's sole and exclusive remedy shall be, at Easy Post Systems's
option, either to (a) correct the error, (b) help Company work around or
avoid the error or (c) authorize a refund, so long as the Software is
destroyed by Company. The Limited Warranty is void if failure of the
Software has resulted from accident, abuse, or misapplication. Any
replacement Software will be warranted for the remainder of the original
Limited Warranty period.
NO OTHER WARRANTIES. EASY POST SYSTEMS DOES NOT WARRANT THAT THE SOFTWARE
IS ERROR FREE, IDENTIFIES ALL KNOWN VIRUSES OR MAY NOT OCCASIONALLY REPORT
A VIRUS IN A FILE NOT INFECTED BY THAT VIRUS. EXCEPT FOR THE EXPRESS
LIMITED WARRANTY ABOVE, EASY POST SYSTEMS DISCLAIMS ALL OTHER WARRANTIES
WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
SEVERABILITY. In the event of invalidity of any provision of this
license, the parties agree that such invalidity shall not affect the
validity of the remaining portions of this license.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EASY POST
SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR
USE OF THE SOFTWARE, EVEN IF EASY POST SYSTEMS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EASY POST SYSTEMS'S
LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF
LIABILITY, EXCEED THE LICENSE FEE PAID BY COMPANY.
EXPORT. Company agrees that it will not export or re-export the Software
to North Korea, Vietnam, Cuba, Iran or Iraq without the appropriate United
States or foreign government licenses.
GOVERNING LAW. This Agreement will be governed by the laws of the State
of Arizona as they are applied to agreements to be entered into and to be
performed entirely within Arizona. The United Nations Convention on
Contracts for the International Sale of Goods is specifically disclaimed.
U.S. GOVERNMENT RESTRICTED RIGHTS. If the Software is acquired (i) for
use by DoD, use, duplication or disclosure by the Government is subject to
the terms of this license unless superseded by 252.227-7013(c)(1)(ii) or
(ii) for use by civilian agencies, use, reproduction or disclosure is
subject to the terms of this license unless superseded by 52.227-19.
ENTIRE AGREEMENT. This Agreement together with any Easy Post Systems
confirmation letter constitute the entire agreement between Company and
Easy Post Systems which supersedes any prior agreement, including any
prior license from Easy Post Systems, or understanding, whether written or
oral, relating to the subject matter of this Agreement. The terms and
conditions of this Agreement shall apply to all orders submitted to Easy
Post Systems and shall supersede any different or additional terms on
purchase orders from Company.
Should you have any questions concerning this license agreement, or if you
desire to contact Easy Post Systems for any reason, please call (602)
327-1656, or write: Easy Post Systems, P.O. Box 43490, Tucson, Arizona
85733-3490.
_________________________________________________________________
Easy Post Systems SHAREWARE DISTRIBUTION LICENSE
NOTICE TO SHAREWARE DISTRIBUTORS ("DISTRIBUTOR"): CAREFULLY READ THE
FOLLOWING LEGAL AGREEMENT. DISTRIBUTOR'S RIGHT TO DISTRIBUTE THIS
SOFTWARE IS CONDITIONED UPON COMPLIANCE BY DISTRIBUTOR WITH THE TERMS OF
THIS AGREEMENT.
1. LICENSE GRANT. Easy Post Systems ("Easy Post Systems") grants to
Distributor a nonexclusive, worldwide right to distribute the object code
version of the Software as shareware. This license to distribute the
Software is conditioned upon Distributor's compliance with the terms of
this Agreement. Distributor will not copy the Software except as
necessary to use it in accordance with this license, and Distributor is
granted no right to modify or sublicense the Software. All files of this
Software must be distributed bundled together, with the Software .COM and
.EXE files bundled with the LICENSE.DOC, and REGISTER.DOC files. All
Software distribution must be via diskettes (which are either
write-protected or notchless) or electronic transmission (in which case
the original archive file from Easy Post Systems must be used).
Distributor is prohibited from installing copies of the Software on hard
drives and distributing such hard drives.
2. NO SUBLICENSE FEE. Shareware Distributors may not charge their
customers for the Software other than a nominal fee for the diskette and
must make clear on the diskette package and diskette label that the
Software on the diskette is for evaluation purposes only, and that its
continued use requires a valid license or registration through Easy Post
Systems or an Authorized Easy Post Systems Support center. Shareware
Distributors agree not to offer any service or subscription that includes
updates of Easy Post Systems Software. Such access to, or provision of,
Easy Post Systems Software updates is a benefit of properly licensing the
Software through Easy Post Systems or an Authorized Agent. All
registration and licensing opportunities shall be referred to Easy Post
Systems.
3. COPYRIGHT. The Software is protected by United States copyright laws
and international treaty provisions. Distributor acknowledges that no
title to the intellectual property in the Software is transferred to
Distributor. Distributor further acknowledges that full ownership rights
to the Software will Distributor will not acquire any rights to the
Software except as expressly set forth in this license. Distributor
agrees that any copies of the Software made by Distributor will contain
the same proprietary notices which appear on and in the Software.
4. REVERSE ENGINEERING. Distributor agrees that it will not attempt, and
will use its best efforts to prevent its employees from attempting to
reverse compile, modify, translate or disassemble the Software in whole or
in part.
5. LIMITED END USER WARRANTY. Easy Post Systems warrants the Software TO
END USERS ONLY pursuant to the terms and conditions of the end user
license and no warranty is extended to Distributor. In the event the
Software does not conform to the limited warranty described in the end
user license, Easy Post Systems will provide the end user with a solution
in accordance with the terms of the end user license. Distributor agrees
to provide Easy Post Systems with reasonable assistance in providing
warranty assistance to end users.
6. NO OTHER WARRANTIES. EASY POST SYSTEMS DOES NOT WARRANT THAT THE
SOFTWARE IS ERROR FREE, IDENTIFIES ALL KNOWN VIRUSES OR MAY NOT
OCCASIONALLY REPORT A VIRUS IN A FILE NOT INFECTED BY THAT VIRUS. EXCEPT
FOR THE EXPRESS WARRANTIES GRANTED TO THE END USER IN THE END USER LICENSE
AGREEMENT, EASY POST SYSTEMS DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT
TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
7. SEVERABILITY. In the event of invalidity of any provision of this
license, the parties agree that such invalidity shall not affect the
validity of the remaining portions of this license.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EASY POST
SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR
USE OF THE SOFTWARE, EVEN IF EASY POST SYSTEMS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9. EXPORT. Distributor agrees that it will not export or re-export the
Software to North Korea, Vietnam, Cuba, Iran or Iraq without the
appropriate United States or foreign government licenses.
10. GOVERNING LAW. This Agreement will be governed by the laws of the
State of Arizona as they are applied to agreements to be entered into and
to be performed entirely within Arizona. The United Nations Convention on
Contracts for the International Sale of Goods is specifically disclaimed.
11. U.S. GOVERNMENT RESTRICTED RIGHTS. If Distributor provides the
Software for use by DoD, Distributor agrees to insure that use,
duplication or disclosure by the Government will be subject to the terms
of this Agreement unless superseded by 252.227-7013(c)(1)(ii). If
Distributor provides the Software for use by civilian agencies,
Distributor agrees to insure that use, reproduction or disclosure is
subject to the terms of this Agreement unless superseded by 52.227-19.
12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between Distributor and Easy Post Systems which supersedes any prior
agreement, including any prior license from Easy Post Systems, or
understanding, whether written or oral, relating to the subject matter of
this Agreement.
Should you have any questions concerning this license agreement, or if you
desire to contact Easy Post Systems for any reason, please call (602)
327-1656, or write: Easy Post Systems P.O. Box 43490, Tucson, Arizona
85733-3490.
BUSINESS/INSTITUTION/GOVERNMENT REQUEST FOR INFORMATION FORM
Please mail ____________ or FAX _____________ license information.
We have approximately __________ DOS based systems. Send to:
We average ______ mailings per month, of _______________ pieces of mail
PreSort III is run on a _________ (286,386,486) computer using the
following operating system: DOS v.________ Windows v.________ OS/2
v._______
Name:_______________________________ Dept:____________________
Company:_______________________________________________________
Address:_______________________________________________________
_______________________________________________________________
City/State/Province:___________________________________________
Country/Postal Code:___________________________________________
Telephone:____________________ Fax:__________________________
Send to:
Easy Post Systems P.O. Box 43490 Tucson, Arizona 85733-3490 USA
For questions, orders and problems call
(M-F, 7:00am - 5:30pm PT): (602) 327-1656 VOICE FAXs (M-F, 9:00am -
5:00pm, MST), Group I FAX: (602) 327-1656 FAX