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SITE.TXT
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1992-02-20
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T O M (tm)
--------------------------
Version 1.02
--------------
S I T E L I C E N S E I N F O R M A T I O N
---------------------------------------------------
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 you to equip your computers
with TOM at a minimal cost:
Number of License Fee Additional Cost
Computers per Computer per License for
Printed Manuals
----------------------------------------------------------------
2-5 US$35 1 Manual US$15
6-10 US$30 2 Manuals US$30
11-25 US$25 3 Manuals US$45
26-50 US$20 5 Manuals US$75
51-100 US$15 10 Manuals US$150
Prices are in US Dollars. Prices and terms are current as of
February 1992 and may change without notice.
These prices include one copy of the retail version of
TOM(tm), branded to your group (displaying your group's name
and the licensed number of computers), and additional manuals
as indicated. You may install TOM(tm) on up to the licensed
number of computers. Support is provided to ONE designated
representative of your group.
To initiate an agreement please send us one completed, signed
copy of the site license agreement and the invoice form below
with payment for the amount corresponding to the licensed
number of PCs. We will return a countersigned copy to you with
the branded disks and manuals.
Payment can be done in US$ by cheques, money orders and bank
transfers in US$.
George Tohme
PolySoft-Australia <date>
P.O. BOX K245
Haymarket
Sydney 2000
Australia
<shipping/billing address>
Invoice
~~~~~~~
Item Currency/Amount
Non-exclusive site license to install and
use TOM(tm) on ____ PCs (__in_words__).
Support is provided through one designated
representative of the licensee only.
Licensed to:
______________________________________ _____ _________
S&H (Airmail where appropriate)
US$10 _____ _________
[ ] Printed Manuals Required
(check the above box) _____ _________
---------------
Amount Due _____ _________
===============
[ ] Yes, We would like a licensed copy of
Read-Only version of TOM(tm) V1.02
Thank you for your order!
Regards,
George Tohme
PROGRAM END USER SITE LICENSE AGREEMENT
George Tohme (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 docu-
mentation. 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 instruc-
tions 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 equip-
ment.
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
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 Licensor'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 installed on only one computer at any one time.
If used on a network system, each computer accessing the pro-
gram is considered to be employing a distinct copy of the
licensed program.
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 pro-
gram and all copies of it and notifying the Licensor in writ-
ing. This license will also terminate as otherwise provided in
this agreement. On termination, Licensee shall return all
materials not destroyed to Licensor 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.
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 licensed pro-
gram and all documentation related thereto constitute the
valuable properties and trade secrets of Licensor, owner of
the copyright to the licensed program, embodying substantial
creative efforts which are secret, confidential, and not gen-
erally known by the public, and which secure to Licensor 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 con-
fidence 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 Licensor 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 Licensor 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. Licensor does not war-
rant that the licensed program is free from coding errors. Any
program problems reported to Licensor during the warranty
period and determined by Licensor to be actual coding errors
will be corrected by Licensor 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 accor-
dance with the user documentation, or (2) modified by any per-
son other than authorized Licensor personnel.
6.3 Within forty-five days after delivery of the first
copy of the licensed program, Licensee shall perform such
tests as it deems necessary to determine that the licensed
program operates substantially in conformity with the user
documentation. If during such tests Licensee determines that
the licensed program does not so perform after following the
error procedures described in the user documentation, Licensee
shall immediately notify Licensor, setting forth the defects
noted with the specificity requested by Licensor. Upon notifi-
cation of reported defects, Licensor shall have a reasonable
time to determine if actual coding errors exist and, if so, to
remedy those errors. Within fifteen days after redelivery,
Licensee shall retest the program and report any other prob-
lems encountered. Unless Licensee notifies Licensor of defects
encountered within the forty-five day test period, the
licensed program shall be deemed to have been accepted.
6.4 LICENSOR MAKES AND LICENSEE RECEIVES NO OTHER WARRANTY
OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITA-
TION, ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE.
7.0 Limitation Of Liability
7.1 THE TOTAL LIABILITY OF LICENSOR 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 LICENSOR FOR THE SPECIFIC
CLIENT PROJECT WHICH IS THE SUBJECT OF SUCH CLAIM OR DAMAGE.
7.2 IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE
FOR ANY ADDITIONAL DAMAGES, INCLUDING LOST PROFITS, LOST SAV-
INGS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THE LICENSED PROGRAM,
EVEN IF LICENSOR OR ITS SUPPLIER(S) HAS/HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
8.0 Termination. This License May Be Terminated By Licensor
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
Licensor; or
8.2 Licensee's normal business operations are disrupted or
discontinued for more than thirty days by reason of insol-
vency, 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 Licensor, which con-
sent will not be unreasonably withheld. Licensor 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 international trade
law and the laws of the country or state of the Licensee.
9.3 All disputes arising in connection with the present
agreement shall be finally settled under the Rules of Concili-
ation and Arbitration of the International Chamber of Commerce
in Paris by one or more arbitrators with knowledge of
computers and software, appointed in accordance with the said
Rules. 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.
9.4 This agreement and its exhibit 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 both 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 repre-
sentatives of 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, succes-
sors 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________________
Title_____________________ Title_____________________
Address___________________ Address___________________
__________________________ __________________________
__________________________ __________________________
__________________________ __________________________
Licensed number of computers: _______
Typed designation of Licensee, i.e. company name, name of
department, business unit, work-group, etc., and city (at most
47 characters, including spaces):
________________________________________________________
EXHIBIT 1
Licensed Program
TOM(tm), Version 1.02
Number of License Fee Additional Cost
Computers per Computer per License for
Printed Manuals
----------------------------------------------------------------
2-5 US$35 1 Manual US$15
6-10 US$30 2 Manuals US$30
11-25 US$25 3 Manuals US$45
26-50 US$20 5 Manuals US$75
51-100 US$15 10 Manuals US$150
Prices are in US Dollars. Prices and terms are current as of
February 1992 and may change without notice.
These prices include one copy of the retail version of
TOM(tm), branded to your group (displaying your group's name
and the licensed number of computers), and additional manuals
as indicated. You may install TOM(tm) on up to the licensed
number of computers. Support is provided to ONE designated
representative of your group.
Under this agreement Licensor provides support by electronic
mail or mail to ONE designated representative of Licensee.
------------------------------------ END OF SITE.TXT -----------------------