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Information Technology, Ltd. LiteSPM 1.01
L i t e S P M
---------------
Version 1.01
--------------
S I T E L I C E N S E I N F O R M A T I O N
---------------------------------------------------
What is a site license? 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 more than one person in
the organization needs to use a product, but does not need
additional manuals or disks. Site licensing enables companies,
departments, government agencies, etc., to equip their personnel
with the tools they need at a minimal cost.
Here's the gist of how it works: 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 "golden master" of the diskettes, manual, and
any other parts of the package.
The following chart gives a breakdown of the cost of site
licensing and how much you save per site licensed. For instance,
if you purchased a site license for 20 users (sites) your cost
would be $240.00, which saves you $60.00 of the cost of 20
separate purchases. The more sites you license, the more you
save.
Site License Information Page 1
Information Technology, Ltd. LiteSPM 1.01
Discount Price Per Savings
Quantity Percentage Unit Per Unit
0 - 4 0% $15.00 $0.00
5 - 10 10% $13.50 $1.50
11 - 20 20% $12.00 $3.00
20 - 50 40% $9.00 $6.00
51+ Please contact Information Technology, Ltd.
These days the world seems to be run by attorneys, so of course
they want to get involved in everything. The following legalese
document is the complete license agreement. Simply print it, fill
it out, sign under LICENSEE, enclose a check or money order for
the correct amount, and mail it to:
Information Technology, Ltd. Voice: (401) 724-2730
5 Park Blvd. CompuServe: 70166,1152
Lincoln, Rhode Island 02865 GEnie: I.TECH
U.S.A.
Upon receipt of the completed, signed form, and a check or money
order for the correct amount, we will send you the required
"golden masters" and a copy of the license agreement with an
authorized signature under LICENSOR.
If you have any questions, or if you need site license
information for more than 100 sites, please call our offices at
(401) 724-2730. Thank you!
NOTE: This software is also marketed as Shareware, but this
license has no relation to the Shareware version.
All of the following pages are part of the actual site license
agreement:
Site License Information Page 2
Information Technology, Ltd. LiteSPM 1.01
END USER SITE LICENSE AGREEMENT
-------------------------------
Information Technology, Ltd. (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
documentation. No rights to the source code versions of
the licensed program are granted by this license.
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 on Exhibit 1 for Licensee's internal use.
Licensor (Information Technology, Ltd.) 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 Information Technology, Ltd.'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.
Site License Information Page 3
Information Technology, Ltd. LiteSPM 1.01
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 Information
Technology, Ltd. in writing. This license will also
terminate as otherwise provided in this agreement. On
termination, Licensee shall return all materials not
destroyed to Information Technology, Ltd. 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,
payable as set forth.
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 source code
for the licensed program and all documentation related
thereto constitute the valuable properties and trade
secrets of Information Technology, Ltd., owner of the
copyright to the licensed program, embodying substantial
creative efforts which are secret, confidential, and not
generally known by the public, and which secure to
Information Technology, Ltd. 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
Site License Information Page 4
Information Technology, Ltd. LiteSPM 1.01
strict confidence 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 Information Technology, Ltd.
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 Information Technology, Ltd. 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. Information Technology, Ltd. does not
warrant that the licensed program is free from coding
errors. Any program problems reported to Information
Technology, Ltd. during the warranty period and
determined by Information Technology, Ltd. to be actual
coding errors will be corrected by Information
Technology, Ltd. within a reasonable time. Any
modifications 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 accordance with the user documentation, or (2)
modified by any person other than authorized Information
Technology, Ltd. personnel.
6.3 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.
7.0 LIMITATION OF LIABILITY
7.1 The total liability of Information Technology, Ltd.
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 Information Technology, Ltd. for the
Site License Information Page 5
Information Technology, Ltd. LiteSPM 1.01
specific client project which is the subject of such
claim or damage.
7.2 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.
8.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY
Information Technology, Ltd. 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 Information Technology, Ltd.; and
8.2 Licensee's normal business operations are disrupted
or discontinued for more than thirty days by reason of
insolvency, bankruptcy, receivership, or business
termination.
9.0 GENERAL TERMS
9.1 Neither this agreement nor any rights or obligations
hereunder shall be assigned or otherwise transferred by
Licensee without prior written consent of Information
Technology, Ltd., which consent will not be unreasonably
withheld. Information Technology, Ltd. may assign this
agreement entirely in its discretion upon the express
written assumption of the obligations hereunder by the
assignee.
9.2 This agreement shall be interpreted and enforced in
accordance with and shall be governed by the laws of the
State of Rhode Island 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
District Court in and for Providence County, State of
Rhode Island, or in the United States District Court for
the Eastern District, Providence Division, of the State
of Rhode Island.
9.3 Any controversy or claim arising out of or relating
to this agreement or the breach thereof shall be settled
Site License Information Page 6
Information Technology, Ltd. LiteSPM 1.01
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.
9.4 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 writing signed by an authorized representative of
the parties.
9.5 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.
9.6 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.
9.7 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.
9.8 Timely payment is of the essence of this agreement.
9.9 This agreement may be signed in counterparts.
Site License Information Page 7
Information Technology, Ltd. LiteSPM 1.01
Effective this _________ day of ________________________,
19_____.
LICENSEE LICENSOR
_______________________________ _______________________________
Authorized Representative Authorized Representative
Typed name_____________________ Typed name_____________________
Title__________________________ Title__________________________
Address________________________ Address________________________
_______________________________ Information Technology, Ltd.
_______________________________ _5 Park Boulevard______________
_______________________________ _Lincoln, Rhode Island 02865___
EXHIBIT 1
Licensed Program
LiteSPM, Version 1.01
NUMBER OF USERS LICENSE FEE
PER USER
0 - 4 $15.00
5 - 10 $13.50
11 - 20 $12.00
20 - 50 $9.00
101+ Please contact Information Technology, Ltd.
The above prices include one copy of the Retail Version of the
LiteSPM. Licensee may make additional copies, up to the number of
copies licensed. Information Technology, Ltd. can supply multiple
copies of the distribution diskettes at an additional cost of
$5.00 per copy plus shipping and handling costs.
Site License Information Page 8