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1992-09-29
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PC-Fortune
Version 2.20
SITE LICENSE INFORMATION
Your registration fee buys you a single user license, but what if you
need to use our program on more than one computer simultaneously? You
need 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 how it works: The company purchasing a site license (the
licensee) provides a single point of contact (i.e., one person) for
shipping, technical support, upgrades, etc., and we (the licensor)
provide a master of the diskettes, manual, and any other parts of the
package.
The cost of the site license is calculated based on the number of
users so that the cost per user decreases as the number of users
increases. The formula for calculating the cost for any number of
users is given in the license agreement, but this is how it works out
for selected numbers:
Number Relative Relative
of users license cost cost / user
2 1.90 X 95.0 %
5 4.10 X 81.9 %
10 6.51 X 65.1 %
20 8.78 X 43.9 %
50 9.95 X 19.9 %
100 10.00 X 10.0 %
unlimited 10 X
The second column tells you what you multiply the single user
registration cost by to get the site license cost. The third column
tells you what percentage of the single user registration you pay for
each site license user.
(The terms quoted in the license agreement are intended as a
guideline and are negotiable in some cases. Please contact JAYAR
Systems if you have special requirements.)
Page 2
The text following on the next page is the site license agreement.
Print it out, fill in the blanks, sign it and send it along with a
check, money order, purchase order or credit card information to:
JAYAR Systems Phone: (416) 751-5678
253 College Street, Ste. 263
Toronto, Ontario
Canada M5T 1R5
Upon receipt of the completed, signed form, and your payment, we will
send you the required masters and a copy of the license agreement
with an authorized signature under LICENSOR.
If you have any questions, please call us.
NOTE: The site license is used in place of the single user registration
form. If you are buying a site license it is not necessary to send in
the form in file REGISTER.DOC.
PC-Fortune Site License Page 1
PC-Fortune 2.20
END USER SITE LICENSE AGREEMENT
-------------------------------
JAYAR Systems (Licensor) 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 nontransferable, nonexclusive right
to use the __________ copies of the licensed program indicated in
Exhibit 1 for Licensee's internal use. Licensor (JAYAR Systems) will
deliver __________ copies 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 JAYAR Systems's copyright notice and any other
proprietary legends.
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.
PC-Fortune Site 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.
2.4 This license is distinct from shareware use. It does not
authorize the continued use of shareware. If, in addition to the
software used under this license, shareware is in use, that shareware
must be registered with JAYAR Systems.
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 JAYAR Systems in writing. This license
will also terminate as otherwise provided in this agreement. On
termination, Licensee shall return all materials not destroyed to
JAYAR Systems together with a written verification that the remaining
materials have been destroyed.
4.0 PAYMENT
4.1 The fee for this license shall be $______________ payable
in (U.S. / Canadian) funds as calculated by the formula in Exhibit 1
or as negotaiated with JAYAR Systems.
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 JAYAR Systems, 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 JAYAR Systems 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 JAYAR Systems promptly and in
writing of any actual or suspected unauthorized use or disclosure of
the licensed programs or documentation related thereto.
PC-Fortune Site License Page 3
5.5 The obligations under this paragraph shall survive the
termination or rescission of this agreement.
6.0 LIMITED WARRANTY
6.1 JAYAR Systems 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. JAYAR Systems does not warrant that the
licensed program is free from coding errors. Any program problems
reported to JAYAR Systems during the warranty period and determined
by JAYAR Systems to be actual coding errors will be corrected by
JAYAR Systems 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
JAYAR Systems 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 JAYAR Systems 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 JAYAR Systems for the specific client project 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.
PC-Fortune Site License Page 4
8.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY JAYAR
Systems 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 JAYAR Systems;
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 JAYAR Systems, which consent will
not be unreasonably withheld. JAYAR Systems may assign this agreement
entirely in its discretion upon the express written assumption of the
obligations hereunder by the assignee.
9.2 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.
9.3 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.
9.4 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.
9.5 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.
9.6 Timely payment is of the essence of this agreement.
9.7 This agreement may be signed in counterparts.
PC-Fortune Site License Page 5
Effective this _________ day of ________________________, 19_____.
LICENSEE LICENSOR
_______________________________ _______________________________
Authorized Representative Authorized Representative
Typed name_____________________ Typed name_John W. Ross________
Title__________________________ Title_President________________
Address________________________ Address___JAYAR Systems________
_______________________________ _253 College Street, Suite 263_
_______________________________ _Toronto, Ontario______________
_______________________________ _CANADA M5T 1R5_______________
+------------------------------------------------------------------+
| Note - Fill out the following ONLY if you are making payment by |
| credit card. You may also call (416) 751-3284 for credit |
| card registrations. |
| |
| Master Card [ ] Visa [ ] Card Number ______ ______ _____ ______ |
| |
| Name on the Card (print) _______________________________________ |
| |
| Expires ____/____ |
| Signature ___________________________________ |
| |
+------------------------------------------------------------------+
EXHIBIT 1
Licensed Program
PC-Fortune, Version 2.20
Base cost = $24.95
n
Mulitplier = 10 x (1 - 0.9 )
(where n is the number of users)
Exchange = 1.15 if payment in Canadian funds
1.00 if payment in U. S. funds
LICENSE FEE = Base Cost x Multiplier x Exchange
e.g., for a 5-user license,
Base cost = $24.95
5
Multiplier = 10 x (1 - 0.9 ) = 4.10
LICENSE FEE = 24.95 x 4.10 = US$102.17
or = 24.95 x 4.10 x 1.15 = Cdn$117.50
The above price includes one copy of the Retail Version of PC-Fortune.
Licensee may make additional copies, up to the number of copies
licensed. JAYAR Systems can supply multiple copies of the
distribution diskettes at an additional cost of $5.00 per copy plus
shipping and handling costs.