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-
- LICENSING FOR LIST
- Effective 10/01/89
-
- Copies of LIST for personal use are free. If you find LIST of
- value, you are encouraged to make a gift ($20 suggested) and become
- a LIST supporter. A license is required for use of LIST by
- corporations and institutions, and for its commercial distribution.
-
- This information also applies to my SORTF, QDR, FBR programs, and to
- any of my other programs that may be of interest to you.
-
- You may obtain a license for the use of LIST by writing to me. The
- license is for perpetual, non-exclusive use of any version. Purchase
- orders and invoicing are acceptable. A license agreement form is
- enclosed. You may use it, or supply your own for my review.
-
- If you have special requirements, such as licensing for an unlimited
- number of copies, or customization, please feel free to submit them in
- writing. You may request a license for:
-
- o a fixed number of copies, see the discount schedule;
- o an unlimited number of copies, the fee is $1500;
- o LIST source code for internal use, a minimum fee of $750 in
- addition to other fees;
- o customization of messages and documentation, an additional
- fee may be required depending on the extent of changes;
- o permission to distribute within your organization;
- o permission to include with your company's commercial
- products; see the commercial distribution schedule
- o or other needs.
-
- The fee for a license depends on the estimated number of copies of the
- program that you will use. The fee applies to one site and to one
- local area network. To use the discount schedule below, estimate the
- total number of copies that you may eventually use.
-
- Number of users(copies) Price per copy
- 1 to 10 $ 20.00
- 11 to 25 18.00
- 26 to 50 16.00
- 51 to 100 14.00
- 101 to 200 10.00
-
- Over 200: unlimited $2000.00
-
- Regardless of the quantity, only one set of materials will be sent to
- you. You may then make as many copies of it that are licensed.
- Maintenance is free. Upgrades will be made available upon request.
- Technical support is available via telephone, or through the VOR
- bulletin board system at (707) 778-8944, at no charge.
-
-
-
-
-
- Vernon D. Buerg, 139 White Oak Circle, Petaluma CA 94952, (707) 778-1811
-
-
- COMMERCIAL DISTRIBUTION LICENSE FEE SCHEDULE
- Effective 10-01-89
-
-
-
- Thank you for the interest you have shown in distributing my programs.
- While I distribute my software freely to individuals, I do not adhere to
- the concept of distribution on a commercial basis, such as you have
- proposed, since the programs will be sold, rather than given freely.
- However, since this practice is becoming more prevalent, I have decided to
- make my programs available according to the commercial distribution license
- fee schedule below.
-
- Licensing is available for:
-
- o Archiving Utilities ............. ARCE
- o File Backup and Restore ......... FBR
- o JET's Little Helper ............. JLH
- o File viewing utility ............ LIST
- o Laserjet Booklet Printer ........ LJBOOK
- o Quick Basic Cross Referencer .... QBX
- o File Sort Utility ............... SORTF
- o Quick Diskette Reformatter ...... QDR
-
- - Commercial distribution license fee is $50 per program plus the per-copy
- cost shown in the schedule below.
- - Buerg Software will supply one disk and one manual under this licensing
- agreement. Additional manuals are available at a cost of $5 per manual.
- - Fee schedules shown are for the programs with and without the solicitation
- included.
- * If licensed without the solicitation, changes will be made to include
- "LICENSED TO your company name".
- * If licensed with the solicitation, no changes may be made to the
- program, other than those agreed to by Buerg Software at the time of
- licensing.
-
- COST PER COPY
- NUMBER OF COPIES WITH SOLICITATION WITHOUT SOLICITATION
-
- 1 - 99...................................$ 1.00 ................$ 2.00
- 100 - 499.................................. .80 ................ 1.75
- 500 - 999.................................. .60 ................ 1.25
- 1,000 - 4,999................................ .40 ................ .75
- 5,000 and over............................... .25 ................ .50
-
- Again, thank you for your interest. If you need additional information or
- would care to place an order, please advise.
-
-
-
-
-
-
-
- Vernon D. Buerg, 139 White Oak Circle, Petaluma CA 94952, (707) 778-1811
-
- AGREEMENT
-
- NON-EXCLUSIVE END USER SOFTWARE LICENSE
-
- This Agreement is entered into this _____ day of _______, 19___, by and between
- Vernon D. Buerg, an individual, 139 White Oak Circle, Petaluma, CA 94952,
- hereinafter referred to as Vendor, and ________________________________________,
- located at ____________________________________________________________________
- hereinafter referred to as Company, agree as follows:
-
- 1.0 LICENSE TO USER VENDOR'S PROGRAM
- 1.1 Vendor, for the consideration named, hereby grants to Company and its
- corporate affiliates, a non-exclusive license to use the proprietary
- computer program called _______________ ("Software").
-
- 1.2 Company shall pay vendor a one-time fee of ___________________ Dollars
- ($___________) for the license to use this Software.
-
- 1.3 Vendor grants to Company the right to copy the Software onto diskettes,
- hard disks, or in whatever manner may be deemed necessary to distribute
- and use the Software within the Company's business environment, including
- use on desktop computers.
-
- 1.4 Vendor shall supply a customized verion of the Software to the Company
- which includes the statement "Licensed to: Company". The Company shall
- have the right to copy, modify, duplicate, distribute, and use the
- Software and any software derived from any source materials on ___________
- personal computers for the internal business purposes of the Company.
-
- 1.5 This right to copy and reproduce extends to any material and documentation
- supplied by Vendor and related to the Software, except for any and
- all source material.
-
- 2.0 TITLE TO SOFTWARE
- 2.1 Title to the software and all related material is with Vendor.
-
- 2.2 Neither the software nor this Contract may be assigned, sub-licensed or
- otherwise transferred by Company without the prior written consent of the
- Vendor.
-
- 2.3 Company agrees to use its best efforts to prevent any and all unauthorized
- persons from acquiring the Software, and will exercise the same care and
- diligence to protect the Vendor's proprietary property as it does to
- protect its own.
-
- 3.0 TERMS OF AGREEMENT
- 3.1 The term of this Agreement shall begin on the date first above written and
- shall continue in perpetuity unless earlier terminated as described below.
-
- 3.2 Vendor may terminate this Agreement on ten (10) days written notice to
- Company if Company fails to comply with the terms and conditions herein.
-
- 3.3 Company may terminate this Agreement on five (5) days written notice any
- time during the thirty (30) day period following execution by both
- parties and in such case, if source material has not been included, the
- Company shall receive a full refund of all fees paid.
-
-
- 3.4 After the thirty (30) days following execution, Company may terminate this
- Agreement at its sole option at any time on thirty (30) days written
- notice to Vendor.
-
- 4.0 DISPOSITION OF SOFTWARE
- 4.1 If this Contract is terminated early Company shall return or destroy all
- copies of software.
-
- 4.2 Within thirty (30) days after early termination of this Agreement, Company
- shall verify by letter to Vendor that the original and all copies of the
- software, in whatever form, in part or in whole, have been returned to
- Vendor, or have been destroyed.
-
- 5.0 LIMITATIONS OF LIABILITY
- 5.1 Vendor makes no warranties with respect to the licensed program. The
- obligations of vendor shall be:
-
- 5.1.1 To make a reasonable effort to fix any operations/execution problems
- that are found by the Company which prevent the program from performing
- the functions described in vendor-supplied documentation.
-
- 5.1.2 To make available to the Company, as a replacement to the program
- initially supplied under this Agreement, all subsequent versions
- published by or on behalf of vendor during the first and second years of
- the term of this Agreement for no additional fee.
-
- 5.2 Company makes no warranties with respect to the distribution of the
- software other than those covered elsewhere in this Agreement.
-
- 5.3 The foregoing warranties are in lieu of all other warranties expressed or
- implied, including, but not limited to, the implied warranties of
- merchantability and fitness for a particular purpose. Company further
- agrees that Vendor shall not be liable for any lost profits, or for any
- claim or demand against Company by any other party, except as provided
- herein. In no event shall Vendor be liable for consequential damages,
- even if Vendor has been advised of the possibility of such damages.
- vendor agrees that the Company shall not be liable for any lost profits
- for the unauthorized use or distribution of the program so long as the
- other terms of this Agreement are complied to.
-
- 6.0 LAWS GOVERNING
- 6.1 Regardless of the place of contracting, place of performance, or
- otherwise, this Contract, and all amendments, modifications, alterations,
- or supplements thereto, shall be governed by the law of the State of
- California, as to the nature, validity, and interpretation thereof.
-
- IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
- duly executed on their behalf as of the day and year first written in the
- preamble of this Agreement in two counterparts, each one of which bearing
- original signatures shall for all purposes be deemed an original.
-
- Vernon D. Buerg, individual Accepted by:
- SS No. 572-70-3535
- _________________________________
-
- By _______________________________ By _________________________________
-
- Title _______________________________ Title _________________________________
-
- Date _______________________________ Date _________________________________
-