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- B U L L S A N D B E A R S
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- Version 1.0
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- S I T E L I C E N S E I N F O R M A T I O N
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- 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, schools, 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.
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- The following chart gives a breakdown of the cost of site
- licensing and how much you save per site licensed. For instance,
- if you purchased a site license for 11 users (sites) your cost
- would be $608.30, which saves you $260.70 of the cost of 11
- separate purchases. The more sites you license, the more you
- save.
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- Site License Information Page 1 of 8
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- Ronald L. Crabb BULLS AND BEARS 1.0
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- Discount Price Per Savings
- Quantity Percentage Unit Per Unit
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- 5 - 10 25% $15.00 $ 5.00
- 11 - 20 30% $14.00 $ 6.00
- 21 - 30 33% $13.20 $ 6.80
- 31 - 40 36% $12.80 $ 7.20
- 41 - 50 39% $12.20 $ 7.80
- 51 - 65 42% $11.60 $ 8.20
- 66 - 80 45% $11.00 $ 9.00
- 81 - 100 48% $10.40 $ 9.60
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- 101+ Please contact Ronald L. Crabb
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- These days the world seems to be run by attorneys, so of course
- they want to get involved in everything. The following legalese
- 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:
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- Ronald L. Crabb Telephone: (505) 299-6285
- 2113 White Cloud NE
- Albuquerque, NM 87112
- U.S.A.
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- 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.
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- If you have any questions, or if you need site license information
- for more than 100 sites, please call me at (505) 299-6285.
- Thank you!
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- NOTE: This software is also marketed as Shareware, but this
- license has no relation to the Shareware version.
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- All of the following pages are part of the actual site license
- agreement:
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- Site License Information Page 2 of 8
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- BULLS AND BEARS 1.0
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- END USER SITE LICENSE AGREEMENT
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- Ronald L. Crabb (Licensor) grants to _____________________________
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- _______________________________________________________(Licensee),
- and Licensee accepts, a license to use the licensed program in
- accordance with the terms and conditions contained in this
- agreement.
-
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- 1.0 DEFINITIONS
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- 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.
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- 1.2 "Object code" means any instruction or set of
- instructions in machine executable form.
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- 1.3 "User documentation" means any standard manuals or other
- related materials used for user instruction or reference in use of
- the licensed program.
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- 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.
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- 2.0 LICENSE GRANT
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- 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 (Ronald L. Crabb)
- will deliver one copy of the licensed program to the 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 Ronald L. Crabb's copyright notice and any
- other proprietary legends, including legends under the Federal
- Acquisition Regulations (FAR), if any, contained on the delivered
- copy.
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- 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.
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- Site License Agreement Ronald L. Crabb Page 1 of 6
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- Ronald L. Crabb BULLS AND BEARS 1.0
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- 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.
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- 3.0 TERMS
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- 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 Ronald L. Crabb in writing. This
- license will also terminate as otherwise provided in this
- agreement. On termination, Licensee shall return all materials
- not destroyed to Ronald L. Crabb together with a written
- verification that the remaining materials have been destroyed.
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- 4.0 PAYMENT
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- 4.1 The fee for this license is set forth in Exhibit 1,
- payable as set forth.
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- 5.0 CONFIDENTIALITY AND PROPRIETARY RIGHTS
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- 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.
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- 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 Ronald L.
- Crabb, 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 Ronald L.
- Crabb's competitive advantage.
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- 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.
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- 5.4 Licensee shall inform Ronald L. Crabb promptly and in
- writing of any actual or suspected unauthorized use or disclosure
- of the licensed programs or documentation related thereto.
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- 5.5 The obligations under this paragraph shall survive the
- termination or rescission of this agreement.
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- Site License Agreement Ronald L. Crabb Page 2 of 6
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- Ronald L. Crabb BULLS AND BEARS 1.0
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- 6.0 LIMITED WARRANTY
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- 6.1 Ronald L. Crabb 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. Ronald L.
- Crabb does not warrant that the licensed program is free from
- coding errors. Any program problems reported to Ronald L. Crabb
- during the warranty period and determined by Ronald L. Crabb to
- be actual coding errors will be corrected by Ronald L. Crabb
- within a reasonable time. Any modifications to the licensed
- program shall thereafter be licensed AS IS.
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- 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 Ronald L. Crabb personnel.
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- 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.
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- 7.0 LIMITATION OF LIABILITY
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- 7.1 The total liability of Ronald L. Crabb 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 Ronald L. Crabb for the specific
- client project which is the subject of such claim or damage.
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- 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.
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- 8.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY Ronald L.
- Crabb IF:
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- 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
- Ronald L. Crabb; and
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- Site License Agreement Ronald L. Crabb Page 3 of 6
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- Ronald L. Crabb BULLS AND BEARS 1.0
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- 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.
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- 9.0 GENERAL TERMS
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- 9.1 Neither this agreement nor any rights or obligations
- hereunder shall be assigned or otherwise transferred by Licensee
- without prior written consent of Ronald L. Crabb, which consent
- will not be unreasonably withheld. Ronald L. Crabb may assign
- this agreement entirely in its discretion upon the express written
- assumption of the obligations hereunder by the assignee.
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- 9.2 This agreement shall be interpreted and enforced in
- accordance with and shall be governed by the laws of the State of
- Texas 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 El Paso County, State of
- Texas, or in the United States District Court for the Western
- District, El Paso Division, of the State of Texas.
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- 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.
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- 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.
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- Site License Agreement Ronald L. Crabb Page 4 of 6
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- Ronald L. Crabb BULLS AND BEARS 1.0
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- 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.
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- 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.
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- 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.
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- 9.8 Timely payment is of the essence of this agreement.
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- 9.9 This agreement may be signed in counterparts.
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- Site License Agreement Ronald L. Crabb Page 5 of 6
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- Ronald L. Crabb BULLS AND BEARS 1.0
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- Effective this _________ day of ________________________, 19_____.
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- LICENSEE LICENSOR
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- _______________________________ _______________________________
- Authorized Representative Authorized Representative
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- Typed name_____________________ Typed name_____________________
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- Title__________________________ Title__________________________
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- Address________________________ Address________________________
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- _______________________________ _______________________________
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- _______________________________ _______________________________
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- _______________________________ _______________________________
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- EXHIBIT 1
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- Licensed Program
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- BULLS AND BEARS, Version 1.0
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- NUMBER OF USERS LICENSE FEE PER USER
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- 5 - 10 $15.00
- 11 - 20 $14.00
- 21 - 30 $13.20
- 31 - 40 $12.80
- 41 - 50 $12.20
- 51 - 65 $11.60
- 66 - 80 $11.00
- 81 - 100 $10.40
- 101+ Please contact Ronald L. Crabb
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- The above prices include one copy of the Retail Version of
- BULLS AND BEARS. Licensee may make additional copies, up to the
- number of copies licensed. Ronald L. Crabb can supply multiple
- copies of the distribution diskettes at an additional cost of
- $5.00 per copy plus shipping and handling costs.
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- Site License Agreement Ronald L. Crabb Page 6 of 6