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Text File | 1992-07-01 | 20KB | 461 lines

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.