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SITELICE.TXT
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1994-05-01
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STABLE TECHNICAL GRAPHS
Version 2.0
SITE LICENSE INFORMATION
===================================================================
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.
How do site licenses work? 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.
Exhibit 1 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 15 users (sites) your cost would be $539.40,
which saves you $209.85 of the cost of 15 separate purchases. The
more sites you license, the more you save.
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:
WINTERRA Software Group
P.O.Box 4106
Highlands Ranch, CO 80126
Voice/Fax: (303) 470-6323
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 need further information, please
call our offices.
All of the following pages are part of the actual site license
agreement.
Site License Page 1 of 6
Stable Technical Graphs - Version 2.0
END USER SITE LICENSE AGREEMENT
-------------------------------
WINTERRA Software Group (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 (WINTERRA Software
Group) 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 WINTERRA Software Group'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 Page 2 of 6
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 WINTERRA Software Group in writing.
This license will also terminate as otherwise provided in this
agreement. On termination, Licensee shall return all materials
not destroyed to WINTERRA Software Group 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 WINTERRA
Software Group, 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 WINTERRA Software Group 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 WINTERRA Software Group 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 Page 3 of 6
6.0 LIMITED WARRANTY
6.1 WINTERRA Software Group warrants that for a period of sixty
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. WINTERRA Software Group
does not warrant that the licensed program is free from coding
errors. Any program problems reported to WINTERRA Software Group
during the warranty period and determined by WINTERRA Software Group
to be actual coding errors will be corrected by WINTERRA Software
Group 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 WINTERRA Software Group 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 WINTERRA Software Group 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 WINTERRA Software Group
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 LO