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Shareware Overload Trio 2
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Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO
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lawfirm.zip
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SEAHLP
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Text File
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1990-07-21
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6KB
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122 lines
Question 1:
This program will create the document indicated. Please be sure
that this is what you want to write before starting. You can
return to the main menu and select another module by pressing the
"escape" (Esc) key.
A Software Escrow Agreement, is a document specifying the
requirements for a company or individual who will be holding the
source code of a software program pursuant to a license or
assignment of that software to a distributor or wholesaler.
Question 2:
The escrow agent is most often a bank or other institution set up
to secure documents. It can, of course, be an individual rather
than a company, but make sure it is someone well trusted by all
involved.
Question 3:
Please identify the escrow agent. Use the full name of the
individual or company.
Question 4:
It is important to identify the location of the escrow agent. This
can be done by specifying the City and State or Jurisdiction.
Question 5:
Please enter the full name of the person or company that is
escrowing the software. This is usually not the author or owner
of the software but the licensee or person or company who will be
marketing it.
Question 6:
Please identify the City and State or Jurisdiction where the person
escrowing the software resides. This will help in properly
identifying this person or company.
Question 7:
This is the person or company who authored or owns the software.
Usually he or she is granting a license to another person or
company (see question 5) to market or distribute it.
Question 8:
Please identify the City and State or Jurisdiction where the
licensor of the software resides. This will help in properly
identifying this person or company.
Question 9:
This will help identify the software that is being escrowed by this
agreement. The common name is usually the name that is used to
market the software.
Question 10:
In an escrow agreement such as this one, the software is usually
delivered to the licensee (person or company who will be marketing
or distributing it) who will then deliver it to the escrow agent.
It is therefore a good idea to specify that the delivery will take
place within a certain number of days of when the licensee gets the
software. You can also specify here that the software will be
delivered immediately by typing "0".
Question 11:
After the software is deposited in the escrow, the question
remains, how can the licensee get it. Normally, the entire purpose
of the escrow is to allow the licensee to get the software if it
becomes necessary. This clause specifies that only with a judicial
decision by court or arbitrator can the licensee ever get the
source code.
Question 12:
The escrow agent can be paid a fee if necessary for keeping the
software.
Question 13:
If the escrow agent is to be paid a fee, it could be either a one
time sum, or a periodic amount, such as so much per year. Answer
"yes" here if it is to be a one time sum.
Question 14:
Please identify the amount that the escrow agent is to be paid for
services hereunder. You needn't put a "$" sign because it will
automatically appear in the document.
Question 15:
If the escrow agent is to be paid a fee that is not a one time
amount, it could be an annual fee.
Question 16:
Please identify the amount that the escrow agent is to be paid
annually for services hereunder. You needn't put a "$" sign because
it will automatically appear in the document.
Question 17:
Whether or not the escrow agent is being paid a fee for services,
expenses may be incurred in order to fulfill the terms of this
agreement. If so, should the escrow agent be reimbursed? If there
is to be a reimbursement for expenses it normally would be the
responsibility of the licensee.
Question 18:
It is often cheaper to arbitrate a dispute than to go to court to
resolve it. This clause allows you to specify that any problem
must be arbitrated rather than litigated in court. Arbitration is
available in all of the major cities in the United States and in
many rural areas, although before using this clause you might check
with an Attorney in your area to make sure that some form of
arbitration is available.
Question 19:
In many states it is necessary to have a clause like this in a
contract to enable the prevailing party in a dispute to be
reimbursed for attorneys' fees. The cost of legal help is
becoming such that if you can't get fees from the other side if
they breach the agreement, than it could be too expensive to
proceed against them to enforce your rights. Thus, this kind of
clause is often a very good idea. If you are not sure that you
can get fees in your state or territory without this clause, than
it is recommended.
Question 20:
The city or town you that the agreement will be signed in needs to
be specified. If you are going to execute the agreement in a rural
area (not in a city or town) than use the name of the closest city
or town.
Question 21:
The state, territory or jurisdiction needs to be specified.
Question 22:
You can have the agreement notarized. This is necessary if the
agreement is going to be recorded.
Question 23:
If the agreement is to be notarized, the county or parish needs to
be specified if you live in one.
Question 24:
If the agreement is to be notarized, the county or parish needs to
be specified if you live in one.
Question 25:
The questions are now complete. You can go back to any question if
you wish by pressing "escape", or you can continue with the
program. Now that the questions are completed, the program will
allow you to preview the document, write it to a disk file for
editing further or print it. Note that it will be automatically
saved so you can review or print it later.