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1992-11-20
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216 lines
WizLINK LICENSING AGREEMENTS
----------------------------
WizLINK is copyright (c) 1992 WIZ-TEC Computing Technologies Inc. WizLINK
is a trademark of WIZ-TEC Computing Technologies Inc. All rights reserved
worldwide. WIZ-TEC Computing Technologies Inc., here after called WIZ-TEC,
is a corporation registered at the province of ALBERTA, CANADA.
There are two WizLINK packages available from WIZ-TEC: the shareware
version and the standard version. The shareware version is WizLINK
evaluation version with no serial number. A registered WizLINK (WizLINK
standard version) is the only lawful use of WizLINK product.
The following is a list of files included in the WizLINK package:
- INSTALL.EXE WizLINK installation program
- WizLINK.COM WizLINK program for both host mode and remote mode
- WizTALK.COM WizLINK utility program for screen talk
- WizLINKu.EXE WizLINK utility program with 100 phone entries
- WizLINK.VVD support file for WizLINKu (screen resource)
- WizLINK.HLP support file for WizLINKu (on line Help and Documents)
- WizLINK.LST support file for WizLINKu (pick list)
- README.DOC This readme file
- LICENSE.DOC WizLINK licensing agreement
- MANUAL.DOC WizLINK User's Manual
- REGISTER.DOC WizLINK price table, registration and order form
All files except "INSTALL.EXE" are compressed into "WizLINK1.EXE" file - a
self-extracting file using LHA213 (Copyright Haruyasu Yoshizaki 1988-1991).
WizLINK product is NOT "Public Domain" and it is NOT "Freeware". WizLINK
shareware version is a software package for users' evaluation purpose only.
WizLINK standard version is for registered WizLINK individuals, business,
corporations, institutions and government agencies only.
By using either of these WizLINK packages including for evaluation purpose,
you agree on the following terms.
1. General terms and disclaimation
----------------------------------
You acknowledge and agree that WizLINK is owned by WIZ-TEC, protected
under copyright law, international treaty provisions and trade secret
laws of general applicability.
WizLINK is licensed as "as is" without warranty of any kind, whether
express or implied, including but not limited to the implied warranties
of merchantability and fitness for a particular purpose, functionality,
data integrity, or protection. All warranties are express disclaimed.
The person using the software bears all the risk as to the quality and
performance of the software. WIZ-TEC, its officers, directors, exployees,
shareholders, affiliates, owers and other related parties will not be
liable for any special, incidental, consequential, indirect or other
damages due to loss of data or any other reason even if we are notified
of such damages in adance. In no event shall WIZ-TEC's liability for
any damages ever exceed the price paid for the license to use the software
regardless of the form of claim.
You may not change or modify any content of the product. You may not
reverse-engineer, disassemble, modify, decompile or create derivative
works of the product. You acknowledge that the product includes certain
trade secrets and confidential information, all of which is the copyrighted
intellectual property of WIZ-TEC Computing Technologies Inc.
2. WizLINK shareware version licensing terms
--------------------------------------------
WizLINK 1.1 shareware version is copyright (c) 1992 WIZ-TEC Computing
Technologies Inc., all rights reserved. WIZ-TEC Computing Technologies Inc.
grants you without charge the right to reproduce, distribute and use copies
of the shareware version of WizLINK 1.1 on the expressed condition that you
do not receive any payment, commercial benefit, or other consideration for
such reproduction or distribution, or change any content including this
license agreement or the following copyright notice which appears in the
software, documentation, user interface, menus and magnetic media.
You may make and keep one(1) back-up copy of the software for your personal
use, provided that (i) you copy all the copyright, trademark, and other
information indicated on the initial screen display (or on the diskette
label for the registered version disk) onto your backup diskette label,
and (ii) you have registered. Also you may distribute copies to other
persons, but solely for their evaluation (i.e., to decide whether to
continue using the product and therefore register). WizLINK may NOT be
sold or otherwise provided as part of a larger system, or as a part of a
more inclusive product or service, without express written consent and
licensing from WIZ-TEC Computing Technologies Inc. The rights to receive
any such financial or other benefit, and to modify the product or employ
its components in any kind of derivative work, are reserved exclusively
by WIZ-TEC.
Corporation, institution, government agency and business may not use the
shareware version other than for a one time thirty (30) days evaluation
purpose.
3. WizLINK standard version licensing terms
-------------------------------------------
WizLINK 1.1 standard version is copyright (c) 1992 WIZ-TEC Computing
Technologies Inc., all rights reserved. You may not copy or distribute
this version in any form under any condition without obtaining a licensing
agreement other than copy for backup purpose. The standard version is the
one that WIZ-TEC will offer continuous support and enhancement to all and
only the registered WizLINK users. WIZ-TEC grants to you, and you accept,
a non-exclusive license to use one copy of the enclosed WizLINK standard
version on a single computer or on a single terminal connected to a single
computer. You may not network the software or otherwise use it on more
than one computer or computer terminal at the same time.
Corporation, institution, government agency and business may use only this
registered WizLINK standard version with a software license or site license
agreement granted by WIZ-TEC. Use of the shareware version is strictly
prohibited, other than for a one time 30 days trial purpose. If you
register with WIZ-TEC, you may continue to use the unregistered program
until you receive the standard version.
We welcome any corporation, institution, government or business to include
WizLINK as an integral/add-on feature of a software or a hardware package.
Distribution license can be purchased. The license is non-exclusive and
non-transferable.
You may request a license for:
- a fixed number of copies, see the volume discount table
- customization of messages and documentation, an additional
fee is required depending on the extent of changes
- permission to include with your company's commercial products
- site licensing
- distribution license
- others
4. WizLINK shareware version non-personal distribution terms
------------------------------------------------------------
As an electronic bullentin board system (BBS's, including online commercial
services), a shareware vendor or distributor, or a PC user group, you may
reproduce and distribute ONLY the WizLINK shareware version provided that
(i) all files and their contents are present and unaltered (ii) it is for
the sole purpose of shareware distribution. You may not, for and with such
distribution, receive any payment or benefit of any kind over $6.00 (US $)
each copy. Such payment or benefit must be only for shareware reproduction
and distribution, and you must provide or clearly indicate the followings
to all the distributees: (i) the product name, version and copyright notice
(by providing labeling of any kind with "WizLINK 1.1 shareware version
Copyright (c) WIZ-TEC Computing Technologies Inc. All rights reserved.", or
the exact same duplicated copy WIZ-TEC provided) (ii) charges or benefits
associated (if any) are for the shareware's reproduction and distribution.
(iii) it is a shareware for the distributee's evaluation only where full
registration is required for the use of the software regardlessly.
Any distributions that do not completely meet the above definition must
obtain permission from WIZ-TEC in writing prior to distributing WizLINK
shareware version. WizLINK may NOT be sold, distribute or otherwise
provided as part of a larger system, or as a part of a more inclusive
product or service, without express written consent and licensing from
WIZ-TEC Computing Technologies Inc. The rights to receive any such
financial or other benefit, and to modify the product or employ its
components in any kind of derivative work, are reserved exclusively by
WIZ-TEC.
5. Governing law
----------------
The agreement shall be constructed and enforced in accordance with the laws
of the PROVINCE OF ALBERTA. Any action or proceeding brought by either
party against the other arising out of or related to this agreement shall
be brought only in a PROVINCE or FEDERAL COURT of competent jurisdiction
located in CALGARY, ALBERTA. The parties hereby consent to in personam
jurisdiction of said courts.
============================================================================
Sample license agreement
------------------------
This agreement entered into, by and between WIZ-TEC, INC., an Alberta
corporation, located at 100, Falton Close N.E., Calgary, Alberta, Canada
T3J 1X2 (herein after referred to as "LICENSOR"), and <COMPANY NAME> a
<STATE> CORPORATION located at <ADDRESS, CITY, STATE, ZIP CODE> (herein
after referred to as "LICENSEE").
This contract allows LICENSEE to DISTRIBUTE the program(s) developed by
LICENSOR referred to as <WizLINK 1.1 standard version> with software
developed by LICENSEE. This perpetual license of the <WizLINK 1.1
standard version> software by LICENSOR TO LICENSEE IS NON-EXCLUSIVE AND
NON-TRANSFERABLE. LICENSEE shall pay LICENSOR a upfront fee of US $<XXX.XX>
and further Royalty payment (XX.XX % of ) in exchange for said license.
This is a license for <DISTRIBUTION `TYPE'> distribution for use with
<YOUR PRODUCT NAME>.
The LICENSOR warrants that it is sole owner of the software and has full
power and authority to grant this license herein without consent of any
other party.
WIZ-TEC hereby disclaims all warranties relating to this software, whether
express or implied, including without limitation any implied warranties of
merchantability or fitness for a particular purpose. WIZ-TEC will not be
liable for any special, incidental, consequential, indirect or similar
damages due to loss of data or any other reason, even if WIZ-TEC or an agent
of WIZ-TEC has been advised of the possibility of such damages. In no event
shall WIZ-TEC's liability for any damages ever exceed the price paid for the
license to use the software, regardless of the form of the claim. The person
using the software bears all risk as to the quality and performance of the
software.
This agreement shall be construed and enforced in accordance with the laws
of the PROVINCE OF ALBERTA. Any action or proceeding brought by either
party against the other arising out of or related to this agreement shall
be brought only in a PROVINCE or FEDERAL COURT of competent jurisdiction
located in CALGARY, ALBERTA. The parties hereby consent to in personam
jurisdiction of said courts.
This agreement can only be modified by mutual written consent of both
parties.