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Colorado Utilities Virtual Sort
---------------------------
Latest Version
---------------
S I T E L I C E N S E I N F O R M A T I O N
---------------------------------------------------
What is 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 the gist of how it works: The company purchasing a site license
(the licensee) provides a single point of contact for shipping,
technical support, upgrades, etc., and we (the licensor) provide a
"golden master" of the diskettes, manual, and any other parts of the
package. For instance, if you purchased a site license for 11 users
(sites) your cost would be $149.60, which saves you $37.40 off the
cost of 11 separate purchases. The more sites you license, the more
you save.
Discount Price Per Savings
Quantity Percentage Unit Per Unit
1 - 10 0% $12.00 $ 0.00
11 - 30 20% $ 9.60 $ 2.40
31 - 60 30% $ 8.40 $ 3.60
61 - 100 40% $ 7.20 $ 4.80
101+ 50% $ 6.00 $ 6.00
The following document is the complete license agreement. Simply print
it, fill it out, sign under LICENSEE, enclose a check or money order
for the correct amount, and mail it to:
Micro System Solutions
5048 W. Maplewood Ave.
Littleton, Colorado, 80123, U.S.A.
Phone: (303) 795-7653
CompuServe: 76060,102
Upon receipt of the completed, signed form, and a check or money order
for the correct amount, we will send you the required "golden masters"
and a copy of the license agreement with an authorized signature under
LICENSOR.
If you have any questions, or if you need site license information for
more than 100 sites, please call our offices at (303) 795-7653. Thank
you!
NOTE: This software is also marketed as Shareware, but this license
has no relation to the Shareware version. All of the following pages
are part of the actual site license agreement:
Colorado Utilities Virtual Sort
END USER SITE LICENSE AGREEMENT
-------------------------------
Micro System Solutions (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 number of copies of the licensed program indicated on Exhibit 1
for Licensee's internal use. Licensor (Micro System Solutions) 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 Micro System Solutions'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 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.
Site License Agreement Micro System Solutions Page 1 of 6
Micro System Solutions Colorado Utilities Virtual Sort
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 Micro System Solutions in writing. This license will
also terminate as otherwise provided in this agreement. On
termination, Licensee shall return all materials not destroyed to
Micro System Solutions 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 the source code for the
licensed program and all documentation related thereto constitute the
valuable properties and trade secrets of Micro System Solutions, 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 Micro System Solutions 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 Micro System Solutions 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.
Site License Agreement Micro System Solutions Page 2 of 6
Micro System Solutions Colorado Utilities Virtual Sort
6.0 LIMITED WARRANTY
6.1 Micro System Solutions 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. Micro System Solutions does not warrant
that the licensed program is free from coding errors. Any program
problems reported to Micro System Solutions during the warranty period
and determined by Micro System Solutions to be actual coding errors
will be corrected by Micro System Solutions 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
Micro System Solutions 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 Micro System Solutions 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 Micro System Solutions 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.
8.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY Micro System
Solutions 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 Micro System Solutions; and
Site License Agreement Micro System Solutions Page 3 of 6
Micro System Solutions Colorado Utilities Virtual Sort
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 Micro System Solutions, which consent will not be
unreasonably withheld. Micro System Solutions 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 Colorado
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 County
Court in and for Arapahoe County, State of Colorado, or in the United
States District Court for the Western District, Denver Division, of
the State of Colorado.
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.
Site License Agreement Micro System Solutions Page 4 of 6
Micro System Solutions Colorado Utilities Virtual Sort
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 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 Timely payment is of the essence of this agreement.
9.9 This agreement may be signed in counterparts.
Site License Agreement Micro System Solutions Page 5 of 6
Micro System Solutions Colorado Utilities Virtual Sort
Effective this _________ day of ________________________, 19_____.
LICENSEE LICENSOR
_______________________________ ______________________________
Authorized Representative Authorized Representative
Typed name_____________________ Typed name_____________________
Title__________________________ Title__________________________
Address________________________ Address________________________
_______________________________ Micro System Solutions_________
_______________________________ 5048 W. Maplewood Ave._________
_______________________________ Littleton, CO 80123____________
EXHIBIT 1
Licensed Program
Colorado Utilities Disk manager, Latest Version
NUMBER LICENSE FEE
PER COPY PER USER
1 - 10 $12.00
11 - 30 $ 9.60
31 - 60 $ 8.40
61 - 100 $ 7.20
101+ $ 6.00
The above prices include one copy of the Retail Version of the
Colorado Utilities Virtual Sort, Latest Version. Licensee
may make additional copies, up to the number of copies licensed. Micro
System Solutions can supply multiple copies of the distribution
diskettes at an additional cost of $7.00 per copy plus shipping and
handling costs. Micro System Solutions can supply multiple copies of
the printed User's Guide at an additional cost of $12.00 per copy
plus shipping and handling costs.
Site License Agreement Micro System Solutions Page 6 of 6