Category : Alternate Operating Systems - Quarterdeck DesqView, CP/M, etc
Archive   : DVFMT.ZIP
Filename : SITELICE.DOC

 
Output of file : SITELICE.DOC contained in archive : DVFMT.ZIP









L I T E F O R M A T
------------------------


Version 1.20
--------------





S I T E L I C E N S E I N F O R M A T I O N
---------------------------------------------------







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.

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.

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 $110.22, which saves you $54.23 of the cost of 11
separate purchases. The more sites you license, the more you
save.








Site License Information - Lite Format - Page 1 of 8


Falk Data Systems - Site License Information - Lite Format 1.20


Discount Price Per Savings
Quantity Percentage Unit Per Unit


5 - 10 30% $10.46 $4.49
11 - 15 33% $10.02 $4.93
16 - 20 36% $ 9.57 $5.38
21 - 25 39% $ 9.12 $5.83
26 - 30 42% $ 8.67 $6.28
31 - 40 45% $ 8.22 $6.73
41 - 50 48% $ 7.77 $7.18
51 - 60 51% $ 7.33 $7.62
61 - 70 54% $ 6.88 $8.07
71 - 80 57% $ 6.43 $8.52
81 - 90 60% $ 5.98 $8.97
91 - 100 63% $ 5.53 $9.42

101+ Please contact Falk Data Systems

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:

Falk Data Systems Phone: (915) 584-7670
5322 Rockwood Court FAX: (915) 584-1540
El Paso, Texas 79932-2412 CompuServe: 71420,2431
U.S.A.

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 if you need site license
information for more than 100 sites, please call our offices at
(915) 584-7670. Thank you!

NOTE: This software is also marketed as Shareware, but this
license has no relation to the Shareware version.

All of the following pages are part of the actual site license
agreement:









Site License Information - Lite Format - Page 2 of 8


Lite Format 1.20


END USER SITE LICENSE AGREEMENT
-------------------------------


Falk Data Systems (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
(Falk Data Systems) 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 Falk Data Systems'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 Agreement Page 1 of 6


Falk Data Systems - Site License Information - Lite Format 1.20


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 Falk Data Systems in writing.
This license will also terminate as otherwise provided in this
agreement. On termination, Licensee shall return all materials
not destroyed to Falk Data Systems 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 Falk Data
Systems, 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 Falk Data Systems 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 Falk Data Systems 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 Agreement Page 2 of 6


Falk Data Systems - Site License Information - Lite Format 1.20


6.0 LIMITED WARRANTY

6.1 Falk Data Systems 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. Falk Data
Systems does not warrant that the licensed program is free from
coding errors. Any program problems reported to Falk Data
Systems during the warranty period and determined by Falk Data
Systems to be actual coding errors will be corrected by Falk Data
Systems 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 Falk Data Systems 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 Falk Data Systems 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 Falk Data Systems 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 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.


8.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY Falk Data
Systems IF:

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 Falk
Data Systems; and




Site License Agreement Page 3 of 6


Falk Data Systems - Site License Information - Lite Format 1.20


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.


9.0 GENERAL TERMS

9.1 Neither this agreement nor any rights or obligations
hereunder shall be assigned or otherwise transferred by Licensee
without prior written consent of Falk Data Systems, which consent
will not be unreasonably withheld. Falk Data Systems may assign
this agreement entirely in its discretion upon the express
written assumption of the obligations hereunder by the assignee.

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.

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.

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.

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.

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


Site License Agreement Page 4 of 6


Falk Data Systems - Site License Information - Lite Format 1.20


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.

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.

9.8 Timely payment is of the essence of this agreement.

9.9 This agreement may be signed in counterparts.





































Site License Agreement Page 5 of 6


Falk Data Systems - Site License Information - Lite Format 1.20


Effective this ________ day of ________________________, 19_____.

LICENSEE LICENSOR

_______________________________ _______________________________
Authorized Representative Authorized Representative

Typed name_____________________ Typed name_____________________

Title__________________________ Title__________________________

Address________________________ Address________________________

_______________________________ _Falk Data Systems_____________

_______________________________ _5322 Rockwood Court___________

_______________________________ _El Paso, Texas 79932-2412____


EXHIBIT 1

Licensed Program

Lite Format, Version 1.20

NUMBER OF USERS LICENSE FEE PER USER

5 - 10 $10.46
11 - 15 $10.02
16 - 20 $ 9.57
21 - 25 $ 9.12
26 - 30 $ 8.67
31 - 40 $ 8.22
41 - 50 $ 7.77
51 - 60 $ 7.33
61 - 70 $ 6.88
71 - 80 $ 6.43
81 - 90 $ 5.98
91 - 100 $ 5.53
101+ Please contact Falk Data Systems


The above prices include one copy of the Retail Version of the Lite
Format package. Licensee may make additional copies, up to the
number of copies licensed. Falk Data Systems can supply multiple
copies of the distribution diskettes at an additional cost of $3.00
per copy plus shipping and handling costs.





Site License Agreement Page 6 of 6


  3 Responses to “Category : Alternate Operating Systems - Quarterdeck DesqView, CP/M, etc
Archive   : DVFMT.ZIP
Filename : SITELICE.DOC

  1. Very nice! Thank you for this wonderful archive. I wonder why I found it only now. Long live the BBS file archives!

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