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1992-09-21
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Information Resource Concepts
P.O. Box 15007
Pensacola, FL 32514
ATTN: Anthony F. Rafalski III
COMPUSERVE ID: 71053,1600
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LICENSING FOR MEMBERS.EXE
Effective 5/3/92
ASP OMBUDSMAN POLICY:
This program is produced by a member of the Association of Shareware
Professionals (ASP). ASP wants to make sure that the shareware principle
works for you. If you are unable to resolve a shareware-related problem
with an ASP member by contacting the member directly, ASP may be able to
help. The ASP Ombudsman can help you resolve a dispute or problem with an
ASP member by contacting the member directly, ASP may be able to help. The
ASP Ombudsman can help you resolve a dispute or problem with an ASP member,
but does not provide technical support for members' products. Please write
to the ASP Ombudsman at 545 Grover Road, Muskegon, MI 49442 or send a
Compuserve Message via CompuServe Mail to ASP Ombudsman 70007,3536.
DEFINITION OF SHAREWARE:
Shareware distribution gives users a chance to try software before buying
it. If you try a Shareware program and continue using it, you are expected
to register. Individual programs differ on details. Some request
registration while others require it, while some specify a maximum trial
period. With registration, you get anything from the simple right to
continue using the software to an update program with printed manual.
Copyright laws apply to both Shareware and commercial software, and the
copyright holder retains all rights, with a few specific exceptions as
stated below. Shareware authors are accomplished programmers, just like
commercial authors, and the programs are of comparable quality. (In both
cases, there are good programs and bad ones!) The main difference is in the
method of distribution. The author specifically grants the right to copy
and distribute the software, either to all and sundry or to a specific
group. For example, some authors require written permission before a
commercial disk vendor may copy their Shareware.
Shareware is a distribution method, not a type of software. You should
find software that suits your needs and pocketbook, whether it's commercial
or Shareware. The Shareware system makes fitting your needs easier,
because you can try before you buy. Also because the overhead is low,
prices are low. Shareware has the ultimate money-back guarantee. If you
don't use the product, you don't pay for it.
DISCLAIMER OF WARRANTY:
USERS OF MEMBERS.EXE MUST ACCEPT THIS DISCLAIMER OF WARRANTY:
MEMBERS.EXE IS SUPPLIED AS IS. THE AUTHOR DISCLAIMS ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR ANY PURPOSE. THE AUTHOR ASSUMES NO
LIABILITY FOR DAMAGES, DIRECT OR CONSEQUENTIAL, WHICH MAY RESULT FROM THE
USE OF MEMBERS.EXE.
MEMBERS.EXE is a "Shareware Program" and is provided at no charge to the
user for evaluation. Feel free to share it with your friends, but please
do not give it away altered or as part of another system. The essence of
"User-Supported" software is to provide personal computer users with
quality software without high prices, and yet to provide incentive for
programmers to continue to develop new products. If you find this program
useful and find that you are using MEMBERS.EXE and continue to use
MEMBERS.EXE after a 30 day trial period, you are asked to make a registration
payment. This fee will register the user, and allow him/her to receive
notices of future upgrades to MEMBERS.EXE.
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LICENSE.TXT Page - 1
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Information Resource Concepts
P.O. Box 15007
Pensacola, FL 32514
ATTN: Anthony F. Rafalski III
COMPUSERVE ID: 71053,1600
---------------------------------------------------------------------------
Registration fee will license one copy for use on any one computer at any
one time. You must treat this software just like a book. An example is
that this software may be used by any number of people and may be freely
moved from one computer location to another, so long as there is no
possibility of it being used at one location while it's being used at
another. Just as a book cannot be read by two different persons at the
same time.
Users of MEMBERS.EXE must register and pay for their copies of
MEMBERS.EXE within 30 days of first use or their license is withdrawn. See
Schedule below for a site license agreement and licensing fees.
Anyone distributing MEMBERS.EXE for any kind of remuneration must first
contact Anthony F. Rafalski III at the address below for authorization.
This authorization will be automatic for distributors recognized by the
(ASP) as adhering to its guidelines for shareware distributors, and such
distributors may begin offering MEMBERS.EXE immediately. (However Anthony
F. Rafalski III must still be advised so that the distributor can be kept
up to date with the latest version of MEMBERS.EXE).
You may obtain a license for the use of MEMBERS.EXE by writing for a
price quotation. The license is for perpetual, non-exclusive use of
the current or a previous version. Purchase orders are acceptable. A
license agreement form is enclosed. (See following agreement for details).
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 schedule below);
o An unlimited number of copies(Subject to Negotiation);
o Customization of messages and documentation, an additional fee may
be required depending on the extent of changes;
o Permission to include with your company's commercial
products (Write for commercial distribution schedule);
o Licensing for multiple sites (See Schedule Below);
o Or other needs (Write For Schedule).
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. For local area
networks, one copy must be licensed for each computer that will be using
the program on the network. To use the discount schedule below,
estimate the total number of copies that you may eventually use.
Number of Users(Copies) MEMBERS.EXE Ver 1.0
Price per copy
-----------------------------------------------------------
1 $29.95
2 to 10 $28.95
11 to 25 $27.95
26 to 50 $26.95
51 to 75 $25.95
Unlimited at one Site $2500.00 (First Site)
Each Additional Site $2000.00 (Unlimited at each site)
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LICENSE.TXT Page - 2
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Information Resource Concepts
P.O. Box 15007
Pensacola, FL 32514
ATTN: Anthony F. Rafalski III
COMPUSERVE ID: 71053,1600
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Regardless of the quantity, only one set of materials will be sent to
you. You may then make as many copies of MEMBERS.EXE as are licensed.
Licensed users of MEMBERS.EXE will receive notification of future
upgrades. All Manuals are included on the diskette in ASCII text format.
Any text editor and word processors are capable of being used for viewing
this document.
TERMS: Orders of $200 or less must be prepaid. Orders over $200 - NET 30
days. Make Checks Payable to:
Anthony F. Rafalski III, P.O. Box 15007, Pensacola, FL 32514
SUPPORT:
Support is provided to registered users only for a period of 12 months
from the date of registration. It is currently provided by mail. If
you should have any problems, put them in writing and send them to:
Information Resource Concepts
ATTN: Anthony F. Rafalski III
P.O. Box 15007
Pensacola, FL 32514
COMPUSERVE ID: 71053,1600
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LICENSE.TXT Page - 3
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Information Resource Concepts
P.O. Box 15007
Pensacola, FL 32514
ATTN: Anthony F. Rafalski III
COMPUSERVE ID: 71053,1600
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AGREEMENT
NON-EXCLUSIVE END USER SOFTWARE LICENSE
This Agreement is entered into this _____ day of _______, 19___, by and
between Anthony F. Rafalski III, an individual, P.O. Box 130, Pensacola, FL
32514, hereinafter referred to as Vendor, and
Name: _________________________________________________,
Address: __________________________________________________
__________________________________________________
__________________________________________________
hereinafter referred to as Company, agree as follows:
1.0 DEFINITIONS
1.1 "Licensed Program" means the object code version of the program
MEMBERS.EXE 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 materials.
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 Vendor, for the consideration named, hereby grants to Company and
its corporate affiliates, a non-exclusive and nontransferable
license to use the computer program called MEMBERS.EXE.
2.2 Company shall pay vendor a one-time fee of ___________________
Dollars ($___________) for the license to use ______ Copies of this
Software at the above location.
2.3 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 To be limited to the
number of computers/user as specified at the time of registration.
2.4 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.
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LICENSE.TXT Page - 4
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Information Resource Concepts
P.O. Box 15007
Pensacola, FL 32514
ATTN: Anthony F. Rafalski III
COMPUSERVE ID: 71053,1600
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2.5 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 TITLE TO SOFTWARE
3.1 Title to the software and all related material is with Vendor.
The program MEMBERS.EXE is licensed not sold. Nothing in this
agreement shall be construed as conveying title in the licensed
program to licensee.
3.2 Neither the software nor this Contract may be assigned, sub-
licensed or otherwise transferred by Company without the prior
written consent of the Vendor.
3.3 Company agrees to use its best efforts to prevent any and all
unauthorized persons from acquiring the Software.
4.0 TERMS OF AGREEMENT
4.1 The term of this Agreement shall begin on the date first above
written and shall continue in perpetuity unless earlier terminated as
described below.
4.2 Vendor may terminate this Agreement on ten (10) days written
notice to Company if Company fails to comply with the terms and
conditions herein.
4.3 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.
4.4 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.
5.0 DISPOSITION OF SOFTWARE
5.1 If this Contract is terminated early Company shall return or
destroy all copies of software.
5.2 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.
6.0 LIMITATIONS OF LIABILITY (REGISTERED USERS ONLY)
6.1 VENDOR MAKES NO WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM.
THE OBLIGATIONS OF THE VENDOR SHALL BE:
6.1.1 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.
6.1.2 To make available to the Registered user as a replacement
to the program initially supplied under this Agreement, all
subsequent versions published by or on behalf of vendor during
the first year of the term of this Agreement for no additional
fee.
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LICENSE.TXT Page - 5
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Information Resource Concepts
P.O. Box 15007
Pensacola, FL 32514
ATTN: Anthony F. Rafalski III
COMPUSERVE ID: 71053,1600
---------------------------------------------------------------------------
6.2 COMPANY MAKES NO WARRANTIES WITH RESPECT TO THE DISTRIBUTION OF
THE SOFTWARE OTHER THAN THOSE COVERED ELSEWHERE IN THIS AGREEMENT.
6.3 THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCAHNTABILITY 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 LAIBLE
FOR CONSEQUENTIAL DAMAGES, EVEN IF VENDOR HAS BEEN ADVISED OF THE
POSSIBLITY OF SUCH DAMAGES.
7.0 LAWS GOVERNING
7.1 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 laws of
the State of Florida, 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 counter parts,
each one of which bearing original signatures shall for all purposes
be deemed an original.
Anthony F. Rafalski III, individual SS No. 210-36-3608
Accepted By:
Name_________________________________________________________
By:_________________________ By:_____________________________ Title
Title
_____________________________________________________________
Date:______________________ Date:_________________________
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