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- THELMA THISTLEBLOSSOM Version 5.09 SITELICE.DOC
-
- Last updated: January 1993
-
- SITE LICENSE INFORMATION
- ~~~~~~~~~~~~~~~~~~~~~~~~
- A site license is a legal, inexpensive way to use one copy of a
- program on more than one computer at a time.
-
- We've designed a site license for a company, office, workgroup, or
- school, where more than one person in the organization needs to use
- THELMA THISTLEBLOSSOM.
-
- A site license lets a company, department, or government agency
- equip their personnel with needed tools at a reduced 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, and upgrades; TIMP SOFTWARE (the licensor)
- provides a "golden master" of the diskettes, manual, and other
- parts of the package.
-
- The following chart gives the cost of site licensing and how much
- you save per site license. For instance, if you buy a site license
- for 11 users (sites) your cost would be $159.50, saving you $159.50
- from the cost of 11 separate programs. The more sites you license,
- the more you save.
-
- Number of Users Discount License per user; Savings Per User
- 2 - 4 30% $20.00 $9.00
- 5 - 10 40% $17.00 $12.00
- 11 - 50 50% $14.50 $14.50
- 51 or more, please contact TIMP SOFTWARE.
-
- These days, the world is run by attorneys; they involve themselves
- in everything. The following document is the license. Print it,
- fill it out, sign under Licensee, enclose a check for the correct
- amount, and mail it:
-
- TIMP SOFTWARE
- 758 East 100 North
- Orem Utah 84057-4910 USA
-
- When we receive the completed, signed form, and a check for the
- correct amount, we'll send you the "golden masters." We'll also
- send you a countersigned copy of the license. If you've any
- questions, or if you need site license information for more than 51
- sites, then please write. Thank you!
-
- This software is also marketed as Shareware, but this license has
- no relation to the Shareware version. All following pages are part
- of the site license:
-
- SITELICE.DOC Page 1 of 5THELMA THISTLEBLOSSOM Version 5.09 SITELICE.DOC
-
- TIMP SOFTWARE (Licensor) grants to ___________________________
- _______________________________________________________(Licensee),
- and Licensee accepts, a license to use the licensed program subject
- to the terms and conditions contained in this license.
-
- 1.0. DEFINITIONS
- 1.1. "Licensed program" means (1) the object code version of the
- program listed in Exhibit 1 and (2) the associated program user
- documentation. The Licensor grants no rights to the source code
- versions of the licensed program.
- 1.2. "Object code" means any instruction or set of instructions in
- machine executable form.
- 1.3. "User documentation" means (1) standard manuals (2) other
- associated materials used for user instruction.
- 1.4. Use means executing the licensed program on computer
- equipment.
-
- 2.0. LICENSE GRANTS
- 2.1. The Licensor grants the Licensee a nontransferable,
- nonexclusive right to internal use, no more copies of the licensed
- program than indicated on Exhibit 1. Licensor will deliver one
- copy of the licensed program to Licensee. Licensee may make
- additional copies of the licensed program. The Licensee may make
- no more copies than the number of copies licensed. Each copy of
- the program must contain TIMP SOFTWARE'S copyright notice.
- 2.2. The Licensee may use each licensed program on only one
- computer at any one time. Each terminal on a network system must
- have a distinct copy of the licensed program independent of whether
- the program is in use.
- 2.3. Licensee shall not use, copy, rent, lease, sell, modify,
- decompile, disassemble, reverse engineer, or transfer the licensed
- program except as provided in this license. Such unauthorized use
- immediately terminates 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 TIMP SOFTWARE in writing. This license
- will also terminate as otherwise provided in this license. On
- termination, Licensee will return all materials not destroyed to
- TIMP SOFTWARE and Licensee will confirm in writing that they've
- destroyed the remaining materials.
-
- 4.0. MONEY
- 4.1. The Licensor has set the fee for this license in Exhibit 1.
-
-
- SITELICE.DOC Page 2 of 5THELMA THISTLEBLOSSOM Version 5.09 SITELICE.DOC
-
- 5.0. CONFIDENTIALITY AND PROPRIETARY RIGHTS
- 5.1. The Licensor is licensing, not selling this software. TIMP
- SOFTWARE doesn't want anybody to interpret any part of this license
- to give title of the licensed program to Licensee.
- 5.2. Licensee must understand and agree to three statements about
- the source code for the licensed program and all associated
- documentation. (1) They're the valuable properties and trade
- secrets of TIMP SOFTWARE; (2) They embody substantial creative
- efforts that are secret, confidential, and not generally known by
- the public; (3) They secure to TIMP SOFTWARE a competitive
- advantage.
- 5.3. Licensee agrees during the term of this license: (1) to hold
- the licensed program, including any copies and any associated
- documentation, in strict confidence; (2) not to permit any person
- or entity access to it except as needed for Licensee's own internal
- use.
- 5.4. Licensee shall notify TIMP SOFTWARE promptly and in writing of
- any actual or suspected unauthorized use or disclosure of the
- licensed programs or associated documentation.
- 5.5. The obligations under this paragraph shall survive the
- termination or rescission of this license.
-
- 6.0. LIMITED WARRANTY
- 6.1. TIMP SOFTWARE makes the following warranty for ninety days
- after delivery; the program, if unmodified by the Licensee, will
- perform in substantial conformity with the user documentation.
- TIMP SOFTWARE doesn't warrant that the licensed program is free
- from coding errors. TIMP SOFTWARE will correct within a reasonable
- time any problems caused by coding errors reported to TIMP SOFTWARE
- during the warranty period. TIMP SOFTWARE will license any such
- modifications to the licensed program AS IS.
- 6.2. Two conditions invalidate the above warranty; (1) if the
- Licensee doesn't use the program according to the user
- documentation; (2) if a person not authorized by TIMP SOFTWARE has
- modified the licensed program.
- 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. LIMITS OF LIABILITY
- 7.1. Let X be the license fee(s) that the Licensee has paid TIMP
- SOFTWARE for a specific client project. TIMP SOFTWARE explicitly
- limits any claim or damage arising from the use of the licensed
- program or otherwise related to this license. TIMP SOFTWARE limits
- itself to direct damages and these direct damages may not exceed X.
- 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 FROM THE USE OF
- OR INABILITY TO USE THE LICENSED PROGRAM, EVEN IF LICENSOR HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SITELICE.DOC Page 3 of 5THELMA THISTLEBLOSSOM Version 5.09 SITELICE.DOC
-
- 8.0. TERMINATION.
- TIMP SOFTWARE MAY TERMINATE THIS LICENSE IF:
- 8.1. Licensee violates any material term or condition of this
- license and Licensee fails to cure such violation within fifteen
- days of notification by TIMP SOFTWARE;
- 8.2. Events such as insolvency, bankruptcy, receivership, or
- business termination disrupt the normal business operations of the
- Licensee for more than thirty days.
-
- 9.0. GENERAL TERMS
- 9.1. Licensee can't assign or otherwise transfer this license
- without written approval by the Licensor. The Licensor won't
- unreasonably withhold approval. Licensor may assign this license
- at its discretion. The assignee must assume all license
- obligations and confirm this in writing.
- 9.2. In any dispute involving this license, Licensor and Licensee
- agree to use Utah law applicable to contracts between residents to
- interpret, enforce, and govern. Any suit for enforcement of or for
- a declaration of rights between the parties to this license shall
- start in only one of two courts: (1) the County Court for Utah
- County, State of Utah, (2) the US District Court for the State of
- Utah.
- 9.3. Both parties agree to settle any controversy or claim arising
- from or relating to this license, or its breach, by arbitration
- according to the commercial rules of the American Arbitration
- Association. This license states that the arbitrator(s) must have
- a knowledge of computers and software. The arbitrator(s) may enter
- the judgment in any court having jurisdiction. No arbitration or
- other action arising from any claimed breach of this license or
- transactions under this license 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 license shall be entitled to reasonable attorneys' fees. This
- provision shall not apply to any action or proceeding for
- injunctive relief.
- 9.4. This license and its exhibits between the parties, supersede
- all previous agreements, representations, understandings and
- negotiations. Licensee and Licensor agree to amend this license
- only in writing signed by authorized representatives of both
- parties.
-
-
-
-
-
-
- SITELICE.DOC Page 4 of 5THELMA THISTLEBLOSSOM Version 5.09 SITELICE.DOC
-
- 9.5. If a court finds any terms or provisions of this license
- illegal or unenforceable, then this license shall remain in full
- force and effect; the Licensee and Licensor shall deem such term
- or provision stricken.
- 9.6. No amendment of this license shall be effective unless in
- writing and signed by authorized representatives of both parties.
- Licensee and Licensor agree to waive no term or provision and to
- excuse no breach, unless such waiver is in writing and signed by
- the party claimed to have waived. Any consent by any party to or
- waiver of a breach by the other, whether expressed or implied,
- shall not constitute a consent to, waiver of or excuse for any
- other, different or subsequent breach.
-
- 9.7. This license shall be binding on and shall inure to the
- benefit of the heirs, executors, administrators, successors and
- assigns of the parties; Licensee and Licensor don't intend this
- paragraph as a consent to any assignment of this license.
-
- 9.8. Timely payment is essential to this license.
-
- 9.9. Licensee and Licensor may sign this license in counterparts.
-
-
- Effective this _________ day of ________________________, 19_____.
- LICENSEE_____________________ LICENSOR__________________
- Authorized Representative Authorized Representative
- Typed name_____________________ Typed name_____________________
- Title__________________________ Title__________________________
- Address________________________ Address________________________
- _______________________________ TIMP SOFTWARE
- _______________________________ 758 East 100 North
- _______________________________ Orem Utah 84057-4910
-
- EXHIBIT 1 Licensed Program THELMA THISTLEBLOSSOM, Version 5.09
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- Number of Users Discount License per user; Savings Per User
- 2 - 4 30% $20.00 $9.00
- 5 - 10 40% $17.00 $12.00
- 11 - 50 50% $14.50 $14.50
- 51 or more, please contact TIMP SOFTWARE.
-
- The above prices include one registered copy of THELMA
- THISTLEBLOSSOM. Licensee may make additional copies, not to exceed
- the number of copies licensed. TIMP SOFTWARE can supply multiple
- copies of the registered program diskettes at an additional cost of
- $5.00 per copy plus shipping and handling costs.
-
-
- SITELICE.DOC Page 5 of 5