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PC-FasType/VGA SITELICE.DOC
P C - F a s T y p e / V G A Version 1.0
Last updated: July 1992
R I G H T - TO - C O P Y
and
S I T E L I C E N S E I N F O R M A T I O N
Copyright 1992 by Trendtech Corporation, Inc.
All Rights Reserved.
_______
____|__ | MEMBER
--| |o |-------------------
| ____|__ | Association of
| | |_| Shareware
|__| o | Professionals
-----| | |---------------------
|___|___| (R)
What are right-to-copy and site licenses? These licenses are an
easy and inexpensive way for more than one person to legally use one
copy of a program on more than one computer at a time. Site and
right-to-copy licenses are designed for educational and governmental
institutions, corporations, corporate departments, offices, or
workgroups where more than one person in the organization needs to use
a software product but does not need additional manuals or disks.
Site and right-to-copy licensing gives these organizations the ability
to equip their personnel with the software tools they need at a
minimal cost.
Basically, here's how site and right-to-copy licensing works: the
purchasing organization (the licensee) provides a single point of
contact (a person) for shipping, technical support, upgrades, etc.,
and we (the licensor) provide a "master" of the disks, manual, and any
other parts of the package needed to make it operate properly.
Basic License Definitions:
Site License:
Unlimited copying and use permitted for users at a single
site. A single site is defined as one building or a group
of buildings with a single mailing address. APO and FPO
mailing addresses are excluded.
Right-To-Copy:
Copying permitted up to the QUANTITY ORDERED. One
serialized label must be assigned to each copy until the
labels are used up. Use is NOT restricted to a single
building or mailing address.
Site License:
-------------
Corporate, Government - $500.00 US$
Educational - $300.00 US$
price includes one disk, one "activation" disk.
The opening title screen contains name of
licensee's organization. Right to copy is
unlimited at the indicated site.
Right-to-Copy License:
----------------------
Number License Fee MINimum Fee MAXimum Fee
of Users Per User This Range This Range
-------- ----------- ----------- -----------
2- 5 $18.00 $ 36.00 $ 90.00
6- 10 $15.00 $ 90.00 $ 150.00
11- 20 $12.00 $132.00 $ 240.00
21- 50 $11.00 $231.00 $ 550.00
51-100 $10.00 $510.00 $1000.00
101-300 $ 8.00 $808.00 $2400.00
> 300 Please contact Trendtech Corporation
price includes one disk, one printed user guide,
and numbered, serialized labels for the quantity
ordered, and the right to copy the disk and user
guide up to the quantity ordered.
NOTE: If your desired quantity falls in the 21 to 50 range,
you should consider a Site License purchase.
There is a $10.00 license shipping/handling charge.
The following document is the complete site or right-to-copy license
agreement. Simply print it, fill it out, sign under LICENSEE,
enclose your purchase order, or a check or money order for the correct
amount, and mail it to:
Trendtech Corporation
P.O. Box 3687
Wayne, New Jersey 07474-3687
U.S.A.
Telephone : 201-694-8622
FAX : 201-694-2543
CompuServe: [76210-771]
Upon receipt of the completed, signed form, and a purchase order,
check, or money order for the correct amount, we will send you the
required master disks and manuals, and a copy of the license agreement
with an authorized signature under LICENSOR.
If you have any questions, or if you need right-to-copy license
information for more than 300 users, please call our office at
201-694-8622.
All of the following pages are part of the actual site license
agreement:
PC-FasType/VGA License Page 1
----------------------------------------------------------------------
PC-FASTYPE/VGA SITE LICENSE / RIGHT-TO-COPY AGREEMENT
Trendtech Corporation, Inc., of Wayne, New Jersey, U.S.A. (Licensor)
grants to _______________________________________________ (Licensee),
and Licensee accepts, a license to use the Licensed Program named in
Exhibit 1 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's 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 (Trendtech Corporation) 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 Trendtech Corporations' 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 user is considered to be using a distinct copy
of the licensed program whether or not he is actually using it.
PC-FasType/VGA License Page 2
----------------------------------------------------------------------
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 Trendtech Corporation in writing. This
license will also terminate as otherwise provided in this agreement.
On termination, Licensee shall return all materials not destroyed to
Trendtech Corporation 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 source code for the
licensed program and all documentation related thereto constitute the
valuable properties and trade secrets of Trendtech Corporation, 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 Trendtech Corporation 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 Trendtech Corporation 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.
PC-FasType/VGA License Page 3
----------------------------------------------------------------------
6.0 LIMITED WARRANTY
6.1 Trendtech Corporation 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. Trendtech Corporation does not warrant
that the licensed program is free from coding errors. Any program
problems reported to Trendtech Corporation during the warranty period
and determined by Trendtech Corporation to be actual coding errors
will be corrected by Trendtech Corporation 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
Trendtech Corporation 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 Trendtech Corporation 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 Trendtech Corporation for the licensed
program 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 TRENDTECH CORPORATION 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 Trendtech Corporation;
and:
PC-FasType/VGA License Page 4
----------------------------------------------------------------------
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 Trendtech Corporation, which consent
will not be unreasonably withheld. Trendtech Corporation 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 New Jersey
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 Passaic County, State of New Jersey, or in the United
States District Court for the State of New Jersey.
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
PC-FasType/VGA License Page 5
----------------------------------------------------------------------
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 Time 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: William Letendre____
Title__________________________ Title: President________________
Address________________________ ___Trendtech Corporation, Inc.__
_______________________________ ___P.O. Box 3687_______________
_______________________________ ___14 Ella Ln., Ste. A._________
_______________________________ ___Wayne, New Jersey 07474-3687_
PC-FasType/VGA License Page 6
----------------------------------------------------------------------
EXHIBIT 1 - Licensed Program
Check license specifics here:
[ ] PC-FasType/VGA -or- [ ] PC-FasType/MONO
[ ] Site License [ ] $300.00 - Educational
[ ] $500.00 - Corporate, Government
-or-
[ ] Right-To-Copy License
Number of Users License Fee Per User
--------------- --------------------
2- 5 $18.00
6- 10 $15.00
11- 20 $12.00
21- 50 $11.00
51-100 $10.00
101-300 $ 8.00
> 300 Please contact Trendtech Corporation
Number of copies:____________________
Cost:____________________
License S & H:____$10.00__________
Total:____________________
Site License - Opening Screen,
Organization Name and Address:
________________________________________
________________________________________
________________________________________
________________________________________
Disk Size: [ ] 5.25" -or- [ ] 3.5"
The above license and prices include one copy of the LATEST version of
PC-FasType/VGA. Licensee may make additional copies, up to the number
of copies licensed. Trendtech Corporation can supply multiple copies
of the distribution disks at an additional cost of $5.00 per copy plus
shipping and handling costs. Trendtech Corporation can supply
multiple copies of the printed manual at an additional cost of $8.00
per copy plus shipping and handling costs.