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PUBLIC ACCESS
Copyright 1992,1993 IN/QUEST, LLC
All Rights Reserved
Developed and Marketed as Shareware
by
Jim Turner
IN/QUEST, LLC
3140-K S. Peoria St, #200
Aurora, CO 80014-3155
CompuServe: 70505,531
America Online: Inquest
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 $1200, which saves you $300 off the cost of 6 separate
purchases. The more copies you license, the more you save.
Discount Price Per Savings
Quantity Percentage Unit Per Unit
-------- ---------- --------- --------
1 - 3 0% $250.00
3 - 10 20% $200.00 $ 50.00
10 - 25 40% $150.00 $100.00
25 - 100 60% $100.00 $150.00
101+ Please contact IN/QUEST
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:
Jim Turner
IN/QUEST, LLC
3140-K S.Peoria Street, #200
Aurora CO 80014-3155 CompuServe: 70505,531
U.S.A. America Online: Inquest
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:
PUBLIC ACCESS (tm)
END USER SITE LICENSE AGREEMENT
-------------------------------
IN/QUEST (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 (IN/QUEST) 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 IN/QUEST'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 IN/QUEST in
writing. This license will also terminate as otherwise
provided in this agreement. On termination, Licensee
shall return all materials not destroyed to IN/QUEST
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
IN/QUEST, 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 IN/QUEST 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 IN/QUEST 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 IN/QUEST 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. IN/QUEST does not
warrant that the licensed program is free from coding
errors. Any program problems reported to IN/QUEST during
the warranty period and determined by IN/QUEST to be
actual coding errors will be corrected by IN/QUEST 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 IN/QUEST 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 IN/QUEST 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
IN/QUEST 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 IN/QUEST 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 IN/QUEST; 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 IN/QUEST, which
consent will not be unreasonably withheld. IN/QUEST 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________________________
_______________________________ Jim Turner
IN/QUEST, LLC
_______________________________ 3140-K S.Peoria Street, #200
Aurora, CO 80014-3155
_______________________________
EXHIBIT 1
Licensed Program
PUBLIC ACCESS (tm)
NUMBER OF USERS LICENSE FEE PER USER
1 - 3 $250.00
4 - 10 $225.00
11 - 25 $200.00
25 - 100 $125.00
101+ Please contact IN/QUEST
The above prices include one copy of the Retail Version of PUBLIC
ACCESS. Licensee may make additional copies, up to the number of
copies licensed. IN/QUEST can supply multiple copies of the
distribution diskettes at an additional cost of $5.00 per copy
plus shipping and handling costs. IN/QUEST can supply multiple
copies of the printed User's Guide at an additional cost of $12.00
per copy plus shipping and handling costs.