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Site License
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 work groups 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 11 users
(sites) your cost would be $608.30, which saves you $260.70
of the cost of 11 separate purchases. The more sites you
license, the more you save.
Prices Till August 15, 1991
Discount Price Per Savings
Quantity Percentage Unit Per Unit
1 - 4 0% $49.95 $ -.--
5 - 15 15% $42.46 $ 7.49
16 - 35 20% $39.96 $ 9.99
36 - 50 30% $34.97 $14.99
51 - 75 40% $29.97 $19.99
76 - 100 50% $24.98 $24.98
101+ Please contact FBN Software
Prices After August 15, 1991
Discount Price Per Savings
Quantity Percentage Unit Per Unit
1 - 4 0% $59.95 $ -.--
5 - 15 15% $50.96 $ 8.99
16 - 35 20% $47.96 $11.99
36 - 50 30% $41.97 $17.99
51 - 75 40% $35.97 $23.98
76 - 100 50% $29.98 $29.98
101+ Please contact FBN Software
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:
FBN Software Phone: (408) 446-9039
P.O. Box 160867 FAX: (408) 725-0490
Cupertino Ca. 95016 CompuServe: 74746,250
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 (408) 446-9039. 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:
OffLoad Site License
FBN Software (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 (FBN Software) 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 FBN Software'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. 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 FBN Software
in writing. This license will also terminate as
otherwise provided in this agreement. On termination,
Licensee shall return all materials not destroyed to
FBN Software 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 FBN Software, 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 FBN
Software a competitive advantage.
5.3 Licensee agrees during the term of this license, and
thereafter, to hold the licensed program, including any
copies hereof 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 FBN Software 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 Warranty
6.1 FBN Software 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.
FBN Software does not warrant that the licensed program
is free from coding errors. Any program problems
reported to FBN Software during the warranty period and
determined by FBN Software to be actual coding errors
will be corrected by FBN Software 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 FBN
Software 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 FBN Software 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 FBN Software for the 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 FBN Software 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 FBN Software; 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 FBN Software,
which consent will not be unreasonably withheld. FBN
Software 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. 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 Municipal or County Court in and for Santa Clara
County, State of California, or in the United States
District Court for the Western District, Santa Clara
Division, of the State of California.
9.3 Any controversy or claim arising out of or relating to
this agreement or the breach thereof shall be settled
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 here in above.
9.8 Timely payment 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
Typed name__________________ Typed name__________________
Title_______________________ Title_______________________
Address_____________________ Address_____________________
____________________________ _FBN Software__________
____________________________ _P.O. Box 160867____________
____________________________ _Cupertino Ca. 95016________
EXHIBIT 1
Prices Till August 15, 1991
Licensed Program
OffLoad, Version 1.00
NUMBER OF USERS LICENSE FEE PER USER
1 - 4 $49.95
5 - 15 $42.46
16 - 35 $39.96
36 - 50 $34.97
51 - 75 $29.97
76 - 100 $24.98
101+ Please contact FBN Software
Prices After August 15, 1991
Licensed Program
OffLoad, Version 1.00
NUMBER OF USERS LICENSE FEE PER USER
1 - 4 $59.95
5 - 15 $50.96
16 - 35 $47.96
36 - 50 $41.97
51 - 75 $35.97
76 - 100 $29.98
101+ Please contact FBN Software
The above prices include one copy of the Retail Version of
the OffLoad. Licensee may make additional copies, up to the
number of copies licensed. FBN Software can supply multiple
copies of the distribution diskettes at an additional cost
of $5.00 per copy plus shipping and handling costs. FBN
Software can supply multiple copies of the printed User's
Guide at an additional cost of $12.00 per copy plus shipping
and handling costs.