Shareware Super Platinum 8

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Find Area Code (FAC) Copyright 1990-92 by Michael K. Molloy All Rights Reserved Developed and Marketed as Shareware by Michael K. Molloy Mountain Data Systems 8531 East Dry Creek Place Englewood, CO 80112 CompuServe: 72737,3237 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 licenser) 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 6 users (copies) your cost would be $80.76, which saves you $26.94 of the cost of 6 separate purchases. The more copies you license, the more you save. Discount Price Per Savings Quantity Percentage Unit Per Unit -------- ---------- --------- -------- 5 - 25 25% $13.46 $4.49 26 - 50 40% $10.77 $7.18 51 - 100 50% $8.98 $8.97 101+ Please contact Mountain Data Systems. 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: Michael K. Molloy Mountain Data Systems 8531 E. Dry Creek Place Englewood, CO 80112 CompuServe: 72737,3237 U.S.A. Upon receipt of the completed, signed form, and a check or money order for the correct amount, I will send you the required "golden masters" and a copy of the license agreement with an authorized signature under LICENSER. If you have any questions, or if you need site license information for more than 101 sites, please contact me. 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: Find Area Code (FAC) END USER SITE LICENSE AGREEMENT ------------------------------- Mountain Data Systems (Licenser) 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 nontransferrable, nonexclusive right to use the number of copies of the licensed program indicated on Exhibit 1 for Licensee's internal use. Licenser (Mountain Data Systems) 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 Mountain Data Systems'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 Mountain Data Systems in writing. This license will also terminate as otherwise provided in this agreement. On termination, Licensee shall return all materials not destroyed to Mountain Data Systems 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 Mountain Data Systems, 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 Mountain Data Systems 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 Mountain Data Systems 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 Mountain Data Systems 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. Mountain Data Systems does not warrant that the licensed program is free from coding errors. Any program problems reported to Mountain Data Systems during the warranty period and determined by Mountain Data Systems to be actual coding errors will be corrected by Mountain Data Systems 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 Mountain Data Systems personnel. 6.3 LICENSER 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 Mountain Data Systems 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 Mountain Data Systems for the specific client project which is the subject of such claim or damage. 7.2 IN NO EVENT SHALL LICENSER 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 LICENSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY Mountain Data Systems 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 Mountain Data Systems; 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 Mountain Data Systems, which consent will not be unreasonably withheld. Mountain Data Systems 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 Colorado 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 outside Arapahoe County, State of Colorado. 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 hereinabove. 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 LICENSER _______________________________ _______________________________ Authorized Representative Authorized Representative Typed name_____________________ Typed name_____________________ Title__________________________ Title__________________________ Address________________________ Address________________________ _______________________________ Michael K. Molloy Mountain Data Systems _______________________________ 8531 E. Dry Creek Place _______________________________ Englewood, Colorado 80112 EXHIBIT 1 Licensed Program Find Area Code (FAC) NUMBER OF USERS LICENSE FEE PER USER 5 - 25 $13.46 26 - 50 $10.77 51 - 100 $8.98 101+ Please contact Mountain Data Systems. The above prices include one copy of the Retail Version of Find Area Code (FAC). Licensee may make additional copies, up to the number of copies licensed. Mountain Data Systems can supply multiple copies of the distribution diskettes at an additional cost of $5.00 per copy plus shipping and handling costs. Mountain Data Systems can supply multiple copies of the printed User's Guide at an additional cost of $12.00 per copy plus shipping and handling costs.