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- BakupWiz Site License Information
- ___________________________________________________________________
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- B a k u p W i z
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- Version 3.28
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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
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- What is a site license?
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- 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 25 users (sites) your cost would be
- $811.25, which saves you $663.75 of the cost of 25 separate
- purchases. The more sites you license, the more you save.
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- Discount Price Per License Savings
- Quantity Percentage Unit Fee Per Unit
-
- 10 35% 38.35 383.50 20.65
- 25 45% 32.45 811.25 26.55
- 50 54% 27.14 1357.00 31.86
- 100 62% 22.42 2242.00 36.58
- 250 69% 18.29 4572.50 40.71
- 500 75% 14.75 7375.00 44.25
- 501+ Please contact PCX
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-
-
- These days the world seems to be run by attorneys, so of course
- they want to get involved in everything. The following legalese
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- ___________________________________________________________________
- Copyright 1991, PCX BakupWiz Site License Information / 1
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- BakupWiz Site License Information
- ___________________________________________________________________
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- 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:
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- PCX Phone: (619) 259-9797
- 4874 Alberson Court FAX: (619) 481-6474
- San Diego, CA 92130 BBS: (619) 481-6479
- U.S.A. CompuServe: 70216,174
-
- 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.
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- If you have any questions, or if you need site license information
- for more than 501 sites, please call our offices at (619) 259-9797.
- Thank you!
-
- NOTE: This software is also marketed as Shareware, but this
- license has no relation to the Shareware version.
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- All of the following pages are part of the actual site license
- agreement:
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- ___________________________________________________________________
- Copyright 1991, PCX BakupWiz Site License Information / 2
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- BakupWiz Site License Information
- ___________________________________________________________________
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- BakupWiz 3.28
-
-
- END USER LICENSE AGREEMENT
-
-
- -PCX----------------------------------------(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.
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- 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.
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- 2.0 LICENSE GRANT
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- 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 system, or as a service bureau is
- not authorized unless stated herein.
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- 2.3 Licensee shall not use, copy, rent, lease, sell, modify,
- decompile, disassemble, otherwise reverse engineer, or transfer the
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- ___________________________________________________________________
- Copyright 1991, PCX BakupWiz Site License Information / 3
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- BakupWiz Site License Information
- ___________________________________________________________________
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- 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 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.
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- 4.0 PAYMENT
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- 4.1 The fee for this license is set forth in Exhibit 1,
- payable as set forth.
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- 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.
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- 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.
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- 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.
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- 5.5 The obligations under this paragraph shall survive the
- termination or rescission of this agreement.
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- 6.0 LIMITED WARRANTY
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- 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
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- ___________________________________________________________________
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- BakupWiz Site License Information
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- with the user documentation. Licensor does not 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.
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- 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.
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- 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. If during
- such tests Licensee determines that the licensed program does not
- so perform after following the error procedures described in the
- user documentation, 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 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.
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- 6.4 LICENSOR MAKES AND LICENSEE RECEIVES NO OTHER WARRANTIES,
- EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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- 7.0 LIMITATION OF LIABILITY
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- 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 shall be limited to direct
- damages which shall not exceed the license fee(s) which have been
- paid by Licensee to Licensor for the specific client project which
- is the subject of such claim or damage.
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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.
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- 8.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY LICENSOR IF:
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- 8.1 Licensee fails to comply with any material term or
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- ___________________________________________________________________
- Copyright 1991, PCX BakupWiz Site License Information / 5
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- BakupWiz Site License Information
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- condition of this agreement and Licensee fails to cure such failure
- within fifteen days after notices of such failure by Licensor; and
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- 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.
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- 9.0 GENERAL TERMS
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- 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. 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 Superior Court in and for the County of San Diego,
- State of California, or in the United States District Court for the
- Southern District of California.
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- 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 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, superceding 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.
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- 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
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- ___________________________________________________________________
- Copyright 1991, PCX BakupWiz Site License Information / 6
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- BakupWiz Site License Information
- ___________________________________________________________________
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- 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 provide hereinabove.
-
- 9.8 Time is of the essence of this agreement.
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- 9.9 This agreement may be signed in counterparts.
-
- Effective this ______ day of ____________________, 19__.
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- LICENSEE LICENSOR
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- ___________________________ ____________________________
- Authorized Representative Authorized Representative
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- Typed name_________________ Typed name__________________
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- Title______________________ Title_______________________
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- Address____________________ Address_____________________
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- ___________________________ _PCX________________________
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- ___________________________ _4874 Alberson Court________
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- ___________________________ _San Diego, CA 92130________
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- ___________________________________________________________________
- Copyright 1991, PCX BakupWiz Site License Information / 7
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- BakupWiz Site License Information
- ___________________________________________________________________
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- EXHIBIT 1
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- Licensed Program
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- BakupWiz 3.28
-
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- NUMBER OF USERS LICENSE FEE
-
- 10 383.50
- 25 811.25
- 50 1357.00
- 100 2242.00
- 250 4572.50
- 500 7375.00
- 501+ Please contact PCX
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- Copyright 1991, PCX BakupWiz Site License Information / 8
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