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SITELICE.DOC
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1992-09-24
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W i n M o d e m
-----------------
Version 1.00
--------------
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
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 20 users (sites) your cost
would be $60.00, which saves you $40.00 of the cost of 20
separate purchases. The more sites you license, the more you
save.
Information Technology, Ltd. WinModem
1.00
Discount Price Per Savings
Quantity Percentage Unit Per Unit
0 - 4 0% $5.00 $0.00
5 - 10 10% $4.50 $0.50
11 - 20 20% $4.00 $1.00
20 - 50 40% $3.00 $2.00
51+ Please contact Information Technology, Ltd.
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:
Information Technology, Ltd. Voice: (401) 724-2730
5 Park Blvd. CompuServe: 70166,1152
Lincoln, Rhode Island 02865 GEnie: I.TECH
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
(401) 724-2730. 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:
Site License Information 2
Information Technology, Ltd. WinModem
1.00
END USER SITE LICENSE AGREEMENT
-------------------------------
Information Technology, Ltd. (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 and source code
versions of the program listed in Exhibit 1 and related
program user documentation.
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
(Information Technology, Ltd.) 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 Information Technology, Ltd.'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.
Site License Information 3
Information Technology, Ltd. WinModem
1.00
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 Information Technology,
Ltd. in writing. This license will also terminate as
otherwise provided in this agreement. On termination,
Licensee shall return all materials not destroyed to
Information Technology, Ltd. 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
Information Technology, Ltd., 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 Information Technology, Ltd.
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 Information Technology, Ltd.
promptly and in writing of any actual or suspected
unauthorized use or disclosure of the licensed programs or
documentation related thereto.
Site License Information 4
Information Technology, Ltd. WinModem
1.00
5.5 The obligations under this paragraph shall survive the
termination or rescission of this agreement.
6.0 LIMITED WARRANTY
6.1 Information Technology, Ltd. 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. Information Technology, Ltd. does not warrant
that the licensed program is free from coding errors. Any
program problems reported to Information Technology, Ltd.
during the warranty period and determined by Information
Technology, Ltd. to be actual coding errors will be
corrected by Information Technology, Ltd. 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 Information Technology,
Ltd. 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 Information Technology, Ltd. 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
Information Technology, Ltd. 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 Information
Technology, Ltd. IF:
Site License Information 5
Information Technology, Ltd. WinModem
1.00
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
Information Technology, Ltd.; 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 Information
Technology, Ltd., which consent will not be unreasonably
withheld. Information Technology, Ltd. 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 Rhode Island 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 District Court in and
for Providence County, State of Rhode Island, or in the
United States District Court for the Eastern District,
Providence Division, of the State of Rhode Island.
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.
Site License Information 6
Information Technology, Ltd. WinModem
1.00
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 LICENSOR
_______________________________ _______________________________
Authorized Representative Authorized Representative
Typed name_____________________ Typed name_____________________
Title__________________________ Title__________________________
Address________________________ Address________________________
_______________________________ Information Technology, Ltd.
_______________________________ _5 Park Boulevard______________
_______________________________ _Lincoln, Rhode Island 02865___
Site License Information 7
Information Technology, Ltd. WinModem
1.00
EXHIBIT 1
Licensed Program
WinModem, Version 1.00
NUMBER OF USERS LICENSE FEE
PER USER
0 - 4 $5.00
5 - 10 $4.50
11 - 20 $4.00
21 - 50 $3.00
51+ Please contact Information Technology,
Ltd.
The above prices include one copy of the Retail Version of the
WinModem. Licensee may make additional copies, up to the number
of copies licensed. Information Technology, Ltd. can supply
multiple copies of the distribution diskettes at an additional
cost of $2.00 per copy plus shipping and handling costs.
Site License Information 8