home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
HomeWare 14
/
HOMEWARE14.bin
/
netutils
/
alpha300.arj
/
LICENSE.TXT
< prev
next >
Wrap
Text File
|
1991-11-24
|
8KB
|
190 lines
LICENSING FOR ALPHA MENU
Effective 11/15/91
If you find ALPHA MENU of value, you are encouraged to register
your copy by mailing your registation fee of $25 and become a
supporter. A license is required for use of ALPHA MENU by
corporations and institutions, and for its commercial distribution.
A license agreement form is enclosed. The license is for perpetual,
non-exclusive use of the current version. If you have special
requirements, such as licensing for an unlimited number of copies,
or customization, please feel free to submit them in writing.
Purchase orders and invoicing are acceptable.
You may request a special license for:
A fixed number of copies or an unlimited number of copies. See the
discount schedule.
Customization of messages and documentation, an additional fee may
be required depending on the extent of changes.
Permission to include with your company's commercial products. See
the commercial distribution schedule.
The fee for a license depends on the estimated number of copies of
the program that you will use. The fee applies to one site. For
local area networks, one copy must be licensed for each computer
that will be using the program on the network. To use the discount
schedule below, estimate the total number of copies that you may
eventually use.
ALPHA MENU
Number of users(copies) Price per copy
1 to 5 $ 25.00
6 to 10 $ 23.00
11 to 50 $ 21.00
51 to 125 $ 19.00
Over 125: unlimited $2400.00
Regruadless of quanity, only one set of materials will be sent to
you. You may then make as many copies of ALPHA MENU as are
licensed.
Licensed and registered users of ALPHA MENU will receive
notification of future upgrades.
DATA MASTERS of JAX
P.O. BOX 17338
JACKSONVILLE, FL 32245-7338
AGREEMENT
NON-EXCLUSIVE END USER SOFTWARE LICENSE
This Agreement is entered into this _____ day of _______, 19___, by
and between Data Masters of Jax P.O. Box 17338 Jacksonville, FL
32245-7338 hereinafter referred to as Vendor, and
_________________________________, located at
_______________________________________________________________
hereinafter referred to as Company, agree as follows:
1.0 LICENSE TO USER VENDOR'S PROGRAM
1.1 Vendor, for the consideration named, hereby grants to Company
and its corporate affiliates, a non-exclusive license to use
the proprietary computer program called ALPHA MENU
("Software").
1.2 Company shall pay vendor a one-time fee of ___________________
Dollars ($___________) for the license to use this Software.
1.3 Vendor grants to Company the right to copy the Software onto
diskettes, hard disks, or in whatever manner may be deemed
necessary to distribute and use the Software within the
Company's business environment, including use on desktop
computers.
1.4 Vendor shall supply a customized version of the Software to
the Company which includes the statement "Licensed to:
Company". The Company shall have the right to copy, modify,
duplicate, distribute, and use the Software and any software
derived from any source materials on _______ personal
computers for the internal business purposes of the Company.
1.5 This right to copy and reproduce extends to any material and
documentation supplied by Vendor and related to the Software,
except for any and all source material.
2.0 TITLE TO SOFTWARE
2.1 Title to the software and all related material is with Vendor.
2.2 Neither the software nor this Contract may be assigned,
sub-licensed or otherwise transferred by Company without the
prior written consent of the Vendor.
2.3 Company agrees to use its best efforts to prevent any and all
unauthorized persons from acquiring the Software, and will
exercise the same care and diligence to protect the Vendor's
proprietary property as it does to protect its own.
3.0 TERMS OF AGREEMENT
3.1 The term of this Agreement shall begin on the date first above
written and shall continue in perpetuity unless earlier
terminated as described below.
3.2 Vendor may terminate this Agreement on ten (10) days written
notice to Company if Company fails to comply with the terms
and conditions herein.
3.3 Company may terminate this Agreement on five (5) days written
notice any time during the thirty (30) day period following
execution by both parties and in such case, if source material
has not been included, the Company shall receive a full refund
of all fees paid.
3.4 After the thirty (30) days following execution, Company may
terminate this Agreement at its sole option at any time on
thirty (30) days written notice to Vendor.
4.0 DISPOSITION OF SOFTWARE
4.1 If this Contract is terminated early Company shall return or
destroy all copies of software.
4.2 Within thirty (30) days after early termination of this Agree-
ment, Company shall verify by letter to Vendor that the
original and all copies of the software, in whatever form, in
part or in whole, have been returned to Vendor, or have been
destroyed.
5.0 LIMITATIONS OF LIABILITY
5.1 Vendor makes no warranties with respect to the licensed
program. The obligations of vendor shall be:
5.1.1 To make a reasonable effort to fix any
operations/execution problems that are found by the
Company which prevent the program from performing
the functions described in vendor-supplied
documentation.
5.1.2 To make available to the Company, as a replacement
to the program initially supplied under this
Agreement, all subsequent versions published by or
on behalf of vendor during the first and second
years of the term of this Agreement for no
additional fee.
5.2 Company makes no warranties with respect to the distribution
of the software other than those covered elsewhere in this
Agreement.
5.3 The foregoing warranties are in lieu of all other warranties
expressed or implied, including, but not limited to, the
implied warranties of merchantability and fitness for a
particular purpose. Company further agrees that Vendor shall
not be liable for any lost profits, or for any claim or demand
against Company by any other party, except as provided herein.
In no event shall Vendor be liable for consequential damages,
even if Vendor has been advised of the possibility of such
damages. Vendor agrees that the Company shall not be liable
for any lost profits for the unauthorized use or distribution
of the program so long as the other terms of this Agreement
are complied to.
6.0 LAWS GOVERNING
6.1 Regardless of the place of contracting, place of performance,
or otherwise, this Contract, and all amendments,
modifications, alterations, or supplements thereto, shall be
governed by the law of the State of Florida, as to the nature,
validity, and interpretation thereof.
IN WITNESS WHEREOF the parties hereto have caused this
Agreement to be duly executed on their behalf as of the day
and year first written in the preamble of this Agreement in
two counterparts, each one of which bearing original
signatures shall for all purposes be deemed an original.
Vendor: Company:
Data Masters of JAX ____________________________
P.O. Box 17338 ____________________________
Jacksonville, FL 32245-7338 ____________________________
By __________________________ By _____________________________
Title _________________________ Title __________________________
Date _________________________ Date __________________________