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- █ C O N T E N T S █
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- Subject LICENSE .DOC Line
-
- Copyright Notice...............................................16
- Agreements
- EVALUATION LICENSE AGREEMENT...............................31
- REGISTERED LICENSE AGREEMENT..............................142
- SOURCE CODE ADDENDUM......................................373
- SUPPORT AND TRAINING SERVICES AGREEMENT...................415
- Index.........................................................490
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- █▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀█
- █ Blaiz Copyright Notice █
- █▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄█
-
-
- Copyright 1990 by Richard Grubic and OurSoft, all rights reserved.
-
- Blaiz is not free software and is not dedicated to the Public Domain.
- Blaiz is fully Copyrighted and protected under US Federal and
- International Copyright laws.
-
-
-
- █▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀█
- █ EVALUATION LICENSE AGREEMENT █
- █▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄█
-
-
- By using, performing, displaying, or copying Blaiz, hereinafter
- The Software, you agree to the terms of this Evaluation License
- Agreement. If you do not agree to the terms of this Evaluation
- License, erase all copies of The Software in your possession.
-
- The Software is delivered as the packed file Blaiz10.zip and
- includes the following files:
-
- COPY .COM command file, safe substitute for DOS copy
- MOVE .EXE command file, safe file move
- DEL .COM command file, safe substitute for DOS del
- ED .BAT batch file, small quick batch file editor
- REN .BAT batch file, safe substitute for DOS rename
- Blaiz_C .EXE copyright notice for autoexec.bat
- SUMMARY .DOC overview of Blaiz
- MANUAL .DOC on-line manual
- INFO .DOC ordering information, policies, prices, terms, etc.
- LICENSE .DOC license agreements
- REGISTER.DOC registration form
-
- 1. You are hereby granted a limited non-exclusive license to use,
- perform and/or display The Software for the sole purpose of evaluating
- The Software for registration. The Evaluation License is for a period
- not to exceed ten (10) days. For use thereafter you must pay to
- register and obtain a Registered License. See Registered License
- Agreement.
-
- 2. You are hereby granted a restricted non-exclusive license to copy
- and distribute by electronic or magnetic means an unlimited number of
- copies of The Software for up to twenty five years with the following
- restrictions.
-
- a. The Software is not for sale, lease, or rental. You may not sell,
- lease or rent it. You may not make a specific charge for The
- Software. You may however charge a nominal amount for diskette
- distribution, service charges, or time/access charges to your
- telecommunications service or bulletin board, so long as you make no
- fee specifically for The Software.
-
- b. You may not indicate or imply that The Software you distribute is
- free in your advertising or in your promotional materials. You may
- not indicate or imply that payment of your charges is all that a
- customer needs to pay for permanent usage of The Software. Your
- materials must not indicate or imply that any of the fees you charge
- compensates the author or OurSoft.
-
-
- c. You may not include The Software along with any other product
- without specific written permission from OurSoft.
-
- d. You must copy The Software in its entirety. That is, you must copy
- the entire packed file unaltered, including the copyright notice,
- documentation, license and registration information. You may not
- distribute printed copies of the documentation without specific
- written permission from OurSoft. You may make no derivative works of
- The Software without further license.
-
- e. The 10 day evaluation period per paragraph 1. above, may be used
- once by you for all the copies of The Software combined.
-
- 3. OurSoft may make changes in The Software at any time without
- notice.
-
- 4. OurSoft does not warrant any copy of The Software which has been
- altered or changed in any way by you or by others. The Software is
- provided "as is". OurSoft does not and the authors do not warrant
- that The Software will meet your specific requirements. It is up to
- you to ascertain if The Software is acceptable. This Evaluation
- License is granted in order for you to make such determination before
- you pay for a Registered License.
-
- The aggregate liability of OurSoft and the authors, and your exclusive
- remedy, shall be limited to the amount actually paid by you for
- license fees and registration of The Software.
-
- NEITHER OURSOFT NOR THE AUTHORS MAKE ANY EXPRESS OR IMPLIED WARRANTIES
- OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO
- NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
- MAY NOT APPLY TO YOU.
-
- NEITHER OURSOFT NOR THE AUTHORS SHALL BE LIABLE FOR ANY DAMAGES
- WHATSOEVER, RELATING TO THE QUALITY OR PERFORMANCE OF THE SOFTWARE OR
- THE INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOST
- PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA, AND THE LIKE,
- EVEN IF OURSOFT OR THE AUTHORS HAS BEEN ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
- LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
- EXCLUSION MAY NOT APPLY TO YOU.
-
- 5. The Software is provided to the U.S. Government with RESTRICTED
- RIGHTS applicable to commercial computer software developed at private
- expense and not in the public domain. Use, duplication, or disclosure
- by the Government is subject to restrictions as set forth in The
- Rights in Technical Data and Computer Software clause at 252.227-7013.
-
- 6. This Evaluation License Agreement is governed by the laws of the
- State of Washington.
-
- 7. In the event that any term of this Evaluation License Agreement
- should be declared void or unenforceable by any court of competent
- jurisdiction, such declaration shall have no effect on the remaining
- terms hereof.
-
-
-
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- █ REGISTERED LICENSE AGREEMENT █
- █▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄█
-
-
- 1. You must register by using the prescribed registration form below
- or facsimile thereof, and by paying the Registered License Fee for
- Blaiz as per the price schedule, to obtain a Registered License to use
- Blaiz, hereinafter The Software. OURSOFT WANTS YOU TO BE FULLY
- SATISFIED WITH THE SOFTWARE. BY PAYING THE REGISTERED LICENSE FEE FOR
- THE SOFTWARE OR BY SENDING YOUR PURCHASE ORDER FOR SAID REGISTERED
- LICENSE FEE, YOU SIGNIFY YOUR ACCEPTANCE OF THE SOFTWARE "AS IS" AND
- YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS REGISTERED LICENSE
- AGREEMENT. This Registered License Agreement supercedes the
- Evaluation License Agreement.
-
- Blaiz is delivered as the packed file Blaiz10.zip and includes
- the following files:
-
- COPY .COM command file, safe substitute for DOS copy
- MOVE .EXE command file, safe file move
- DEL .COM command file, safe substitute for DOS del
- ED .BAT batch file, small quick batch file editor
- REN .BAT batch file, safe substitute for DOS rename
- Blaiz_C .EXE copyright notice for autoexec.bat
- SUMMARY .DOC overview of Blaiz
- MANUAL .DOC on-line manual
- INFO .DOC ordering information, policies, prices, terms, etc.
- LICENSE .DOC license agreements
- REGISTER.DOC registration form
-
- 2. Your Registered License for continued use of The Software will
- commence on the earlier of the date your payment or the date your
- Purchase Order is sent or transmitted to OurSoft along with your
- registration form, and shall continue until terminated. This
- agreement may be terminated by OurSoft for any breach by you of the
- terms hereof. You may terminate this license agreement at any time.
- The license fee is consideration for the granting of rights under the
- license herein and is not refunded upon termination by either you or
- by OurSoft. Upon termination by you or by OurSoft, erase all copies
- of The Software in your possession.
-
-
- 3. With this Registered License, you are granted a non-exclusive
- license to use, perform and/or display The Software an unlimited
- number of times by no more than the number of users for which you paid
- the registration fee as per the price schedule. See Definition of
- Users in paragraph 10. below.
-
- 4. With this Registered License, you are granted a restricted non-
- exclusive license to copy and distribute internally by any means an
- unlimited number of copies of The Software with the following
- restriction.
-
-
- a. You may internally print the documentation and/or use, perform,
- display, modify, distribute or copy The Software. But you must
- include the copyright notice with each of those copies.
-
- 5. With this Registered License, you are granted a restricted non-
- exclusive license to copy and distribute externally by electronic or
- magnetic means an unlimited number of copies of The Software with the
- following restrictions.
-
- a. The Software is not for sale, lease, or rental. You may not
- sell, lease or rent it. You may not make a specific charge for The
- Software. You may however charge a nominal amount for diskette
- distribution, service charges, or time/access charges to your
- telecommunications service or bulletin board, so long as you make no
- fee specifically for The Software.
-
- b. You may not indicate or imply that The Software you distribute is
- free in your advertising or in your promotional materials. You may
- not indicate or imply that payment of your charges is all that a
- customer needs to pay for permanent usage of The Software. Your
- materials must not indicate or imply that any of the fees you charge
- compensates the author or OurSoft.
-
-
- c. You may not include The Software along with any other product
- without specific written permission from OurSoft.
-
- d. You must copy The Software in its entirety. That is, you must copy
- the entire original packed file unaltered, including the
- documentation, copyright notice, license and registration information.
- You may not copy or distribute The Software externally in modified or
- altered form without specific written permission from OurSoft.
-
- e. You may not copy or distribute any printed documentation externally
- to your organization.
-
- 6. You are encouraged to make add-on improvements, or add-on
- enhancements and to write programs which work in conjunction with The
- Software. You are encouraged to separately market such add-on
- programs with no royalties to OurSoft, so long as you do not include
- The Software from OurSoft with your program, and so long as you do not
-
- imply any sanction by, warrantee by, nor affiliation with OurSoft,
- without specific written permission from OurSoft.
-
- 7. OurSoft may make changes in The Software at any time without
- notice. This Registered License does not include any future updates
- providing enhancements to The Software. See Policies.
-
- 8. OurSoft does not and the authors do not warrant any copy of The
- Software which has been altered or changed in any way by you or by
- others. The Software is provided "as is". OurSoft does not and the
- authors do not warrant that The Software will meet your specific
-
- requirements. It is up to you to ascertain if The Software is
- acceptable.
-
- The aggregate liability of OurSoft and the authors, and your exclusive
- remedy, shall be limited to the amount actually paid by you for
- license fees and registration of The Software.
-
- NEITHER OURSOFT NOR THE AUTHORS MAKE ANY EXPRESS OR IMPLIED WARRANTIES
- OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO
- NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
- MAY NOT APPLY TO YOU.
-
- NEITHER OURSOFT NOR THE AUTHORS SHALL BE LIABLE FOR ANY DAMAGES
- WHATSOEVER, RELATING TO THE QUALITY OR PERFORMANCE OF THE SOFTWARE OR
- THE INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOST
- PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA, AND THE LIKE,
- EVEN IF OURSOFT OR THE AUTHORS HAS BEEN ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
- LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
- EXCLUSION MAY NOT APPLY TO YOU.
-
- 9. The Software is provided to the U.S. Government with RESTRICTED
- RIGHTS applicable to commercial computer software developed at private
- expense and not in the public domain. Use, duplication, or disclosure
- by the Government is subject to restrictions as set forth in The
- Rights in Technical Data and Computer Software clause at 252.227-7013.
-
- 10. Definition of Users
-
- The Software is licensed not sold. You license the right to use,
- perform, display, copy, distribute and or make derivative works of the
- copyrighted software per this Registered License Agreement. The
- license fees are per user not per copy. You may choose either of the
- two following definitions of users, but not both.
-
- User definition 1: (Screens) The number of users is equal to the
- number of workstations on which The Software is used, displayed,
- performed, copied, or modified. Workstations for this definition
- would include stand-alone systems, network nodes and simple display
- terminals on multiuser systems on which you will use, perform,
- display, copy, or modify The Software. Workstations would not
- normally include central processors or concentrators in multiuser
- systems, nor network servers or bridges, unless any of those also
- serve as a workstation on which you would use, perform, display, copy,
- or modify The Software. You should not include workstations on which
- The Software will not be used, displayed, performed, copied, or
- modified even though they may be connected to a network or multiuser
- system on which The Software is available. Stand-alone systems would
- include both stationary systems like desktop systems and also mobile
- systems like portables and lap-tops. Employee owned systems do not
- need to be included in your workstation count, unless you have not
- provided alternate systems and still expect or require the employee as
- part of their job, to use, perform, display, copy, or modify The
- Software. It does not matter whether the copies are stored locally or
- centrally.
-
- Your license will additionally cover personal or home use,
- performance, display, copying, modification, or distribution of The
- Software by employees who as part of their job use, perform, display,
- copy, or modify The Software, without increasing the number of
- workstations you need to include. That is persons using covered
- workstations on their job do not need an additional license for their
- home or personal systems, unless you have not provided alternate
- systems and still expect or require the employee as part of their job,
-
- to use, perform, display, copy, or modify The Software using their
- home or personal systems.
-
- User definition 2: (Natural persons) The number of users is
- equal to the number of natural persons who will use, perform, display,
- copy, or modify The Software during a calendar year. Do not count
- normal turnover, that is, if someone resigns and is replaced, both
- together count as one user. The configuration of your hardware is
- irrelevant in this definition.
-
- Your license will additionally cover personal or home use,
- performance, display, copying, modification, or distribution of The
- Software by employees who are users of The Software on the job. That
- is persons covered as users by a license on their job do not need an
- additional license for their home or personal systems.
-
- 11. Former employees who were users under this Registered License
- Agreement, and who agree to continue to be bound by the terms herein
- are granted a temporary license with the same terms as this Registered
- License except that the term shall end ten days after commencement of
- new employment or self employment.
-
- 12. If you pay the Source Code License Fee, the Source Code Addendum
- is incorporated, and made a part hereof.
-
- 13. This Registered License Agreement is governed by the laws of the
- State of Washington.
-
- 14. In the event of any dispute arising under this Registered License
- Agreement, your representative and a representative of OurSoft shall
- meet at a mutually agreeable site in King County, State of Washington,
- no later than fifteen days after delivery of notice of alleged
- breaches, and shall enter into good faith negotiations aimed at curing
- the alleged breaches. If such representatives are unable to resolve
- the dispute in a satisfactory manner within the following five days,
- either you or OurSoft may seek binding arbitration by submitting the
- matter to binding arbitration conducted under the commercial rules
- then prevailing of the American Arbitration Association, by a panel of
- not less than three arbitrators appointed by the American Arbitration
- Association, at least one of whom must have substantial experience in
- the field of computer software technology and licensing. The decision
-
- of the arbitrators shall be final and binding on you and OurSoft and
- may be entered and enforced in any court of competent jurisdiction.
-
- Each party to the dispute shall pay their own attorney fees,
- their own expert witness costs and expenses, and their own costs and
-
- expenses incurred directly or indirectly in connection with the
- proceedings.
-
- 15. In the event that any term of this Registered License Agreement
- should be declared void or unenforceable by any court of competent
-
- jurisdiction, such declaration shall have no effect on the remaining
- terms hereof.
-
-
-
- █▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀█
- █ SOURCE CODE ADDENDUM █
- █▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄█
-
-
- The Source Code Addendum to the Registered License Agreement
- might not be applicable if source code is unavailable for The
- Software, see the price schedule for availability and/or fees.
- Further this addendum is applicable if and only if you elect to pay
- the added source code license fee.
-
- 1. By paying the source code license fee you agree to the terms of
- this Source Code Addendum to the Registered License Agreement. You
- agree that the Source Code is the confidential and proprietary product
- of OurSoft. On payment of the source code license fee you will be
- additionally granted a restricted non-exclusive license as follows.
-
- 2. You may use, perform, display, copy and/or distribute the source
- code only internally to your organization. External use, performance,
- display, copying and/or distribution of the source code by any method
- or means is prohibited without specific written authorization by
- OurSoft or the authors.
-
- 3. You may make derivative works. That is, you may modify the source
- code to suit your own specific needs, and you may recompile it or
- translate it into other languages. You may use, perform, display,
- copy and/or distribute such derivative works only internally to your
- organization. You will include users of such derivative works in your
- user count along with other users of The Software. You must include
- the OurSoft copyright notice with all such derivative works. External
- use, performance, display, copying and/or distribution by any method
- or means of such derivative works is prohibited without specific
- written authorization by OurSoft or the authors.
-
- 4. You shall use your best efforts, consistent with the practices and
- procedures under which you protect your own most valuable proprietary
-
- information, to protect the licensed Source Code against any
- unauthorized or unlawful use, disclosure, distribution or copying.
-
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- █ SUPPORT AND TRAINING SERVICES AGREEMENT █
- █▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄▄█
-
-
- By paying the registration fee for Support and Training Services you
- agree to the terms of this Support and Training Services Agreement.
-
- 1. This Support and Training Services Agreement will commence on the
- earlier of the date your payment or of the date purchase order is sent
- or transmitted to OurSoft. It expires five years after your last use
- of Support and Training Services.
-
- 2. OurSoft will use all reasonable diligence to provide advice and or
- training services per your specific inquiry or request in accordance
- with the then current price schedule and policies. See Price Schedule
- and see Policies.
-
-
- 3. You will use all reasonable diligence to promptly pay OurSoft
- statements for services under this agreement in accordance with the
- then current terms and policies. See Terms and see Policies.
-
- 4. The aggregate liability of OurSoft, and your exclusive remedy,
- shall be limited to the amount actually paid by you for support and or
- training fees for six months preceding the incident giving rise to
- such liability.
-
- OURSOFT MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING
- BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
-
- FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF
- IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
-
- OURSOFT ASSUMES NO RESPONSIBILITY FOR YOUR USE OF THE INFORMATION
- PROVIDED THROUGH OURSOFT SUPPORT AND OR TRAINING SERVICES. OURSOFT
- SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT
- LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, OR
- LOST PROFITS, EVEN IF OURSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
- LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
- EXCLUSION MAY NOT APPLY TO YOU.
-
- 5. This Support and Training Services Agreement is governed by the
- laws of the State of Washington.
-
- 6. In the event of any dispute arising under this Support and Training
- Services Agreement, your representative and a representative of
- OurSoft shall meet at a mutually agreeable site in King County, State
- of Washington, no later than fifteen days after delivery of notice of
- alleged breaches, and shall enter into good faith negotiations aimed
- at curing the alleged breaches. If such representatives are unable to
- resolve the dispute in a satisfactory manner within the following five
- days, either you or OurSoft may seek binding arbitration by submitting
- the matter to binding arbitration conducted under the commercial rules
- then prevailing of the American Arbitration Association, by a panel of
- not less than three arbitrators appointed by the American Arbitration
- Association, at least one of whom must have substantial experience in
- the field of computer software technology and licensing. The decision
- of the arbitrators shall be final and binding on you and OurSoft and
- may be entered and enforced in any court of competent jurisdiction.
-
- Each party to the dispute shall pay their own attorney fees,
- their own expert witness costs and expenses, and their own costs and
- expenses incurred directly or indirectly in connection with the
- proceedings.
-
- 7. In the event that any term of this Support and Training Services
- Agreement should be declared void or unenforceable by any court of
- competent jurisdiction, such declaration shall have no effect on the
- remaining terms hereof.
-
-
-
-
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- █ I N D E X █
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- Agreements
- Arbitration............................................346, 466
- Definition of Users.........................................274
- EVALUATION LICENSE AGREEMENT.................................31
- REGISTERED LICENSE AGREEMENT................................142
- SOURCE CODE ADDENDUM........................................373
- SUPPORT AND TRAINING SERVICES AGREEMENT.....................415
- Contents........................................................1
- Copyright Notice...............................................16
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