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B R O W S E / 2 (tm)
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Version 1.33
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S I T E L I C E N S E I N F O R M A T I O N
------------------------------------------------
Last updated: July, 1991
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 10 users (sites) your cost
would be $150, which saves you $100 of the cost of 10 separate
purchases. The more sites you license, the more you save.
Number of Copies Price per Copy
1-9 $25.00
10-24 15.00
25-49 11.50
50-124 10.00
125-249 7.75
250-up 6.25
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:
Wolf Software Design
6369 Caminito Flecha
San Diego, CA 92111
U.S.A.
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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 network license
information, please call our offices at (619) 292-7706. Thank
you!
All of the following pages are part of the actual site license
agreement:
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PROGRAM END USER LICENSE AGREEMENT
WOLF SOFTWARE DESIGN (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 readable 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 an appropriate computer
system and execution of the licensed program on the equipment.
1.5 "Computer Virus" means a computer program designed to
enter a user's system without its consent or knowledge and
interfere with normal operations, whether merely to display a
message or to cause loss of data.
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, 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. Use of
the licensed program on a network server, or as a service bureau
is not authorized unless stated herein in Exhibit 1.
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
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agreement. Any such unauthorized use shall result in immediate
and automatic termination of this license.
3.0 TERM
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 an notifying the Licensor in writing. 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,
payable as set forth.
5.0 CONFIDENTIALITY AND PROPRIETARY RIGHTS
5.1 The licensed program is owned by Licensor and 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
program 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 generally 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
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 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. Licensor does not
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warrant that the licensed program is free from coding errors.
Any program problems reported to Licensor during the warranty
period and determined by the Licensor to be actual coding errors
will be corrected by Licensor 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 Licensor personnel.
6.3 Within forty-five days after delivery of the first copy
of the licensed program, Licensee shall perform such tests as it
deems necessary to determine that the licensed program operates
substantially in conformity with the user documentation and does
not contain a computer virus. Licensor shall provide reasonable
telephone support to assist Licensee in this testing. If during
such tests Licensee determines that the licensed program does not
so perform after following the error procedures described in the
user documentation, or contains a computer virus, Licensee shall
immediately notify Licensor, setting forth the defects noted with
the specificity requested by Licensor. Upon notification of
reported defects, Licensor shall have a reasonable time to
determine if actual coding errors or a virus exist and, if so, to
remedy those errors. Within fifteen days after redelivery,
Licensee shall retest the program and report any other problems
encountered. Unless Licensee notifies Licensor of defects
encountered within the forty-five day test period, the licensed
program shall be deemed to have been accepted with the meaning of
California Commercial Code section 2106(2) or successor statutes.
6.4 Anything herein to the contrary notwithstanding,
Licensor represents and warrants that at the time of delivery of
the licensed program to Licensee pursuant to paragraph 2.1 herein
the licensed program is virus free.
6.5 LICENSOR MAKES AND LICENSEE RECEIVES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY 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, including without
limitation claims or damages arising from a computer virus,
shall be limited to direct damages which shall not exceed amounts
paid to the Licensor hereunder.
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7.2 IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE
FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE
USE OF THE LICENSED PROGRAM OR RELATED TO THIS LICENSE.
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; 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 Licensor, which consent 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.
9.2 This agreement shall be interpreted and enforced in
accordance with and shall be governed by the laws of the State of
California applicable to contracts between residents.
9.3 Any controversy or claim arising out of or relating to
this agreement or the breach thereof shall be settled by
arbitration in San Diego County, California, in accordance with
the Commercial Arbitration Rules of the American Arbitration
Association, using an arbitrator with knowledge of computers and
software, and judgement 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.
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 In 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.
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9.6 No amendment of this agreement shall be effective
unless it is in writing and signed by duly authorized
representatives 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.
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 herein above.
9.8 Time is of the essence of this agreement.
9.9 This agreement may be signed in counterparts.
Effective this ______ day of ____________________, 19__.
LICENSEE LICENSOR
_____________________________ ________________________________
Authorized Representative Authorized Representative
Printed name ________________ Printed name ___________________
Title _______________________ Title __________________________
Address ______________________ Address ________________________
_______________________________ ________________________________
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EXHIBIT 1
Licensed Programs
LICENSED PROGRAM NUMBER OF COPIES LICENSE FEE PAYABLE
The license fee is due and payable within 30 days after receipt
of the program and approval of the receipt of services.
Site License Information Page 8 of 8