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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 █
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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.
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█ 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.
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█ SOURCE CODE ADDENDUM █
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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