C R E A T I V I T Y P A C K A G E
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 $377.30, which saves you $161.70 of the cost of 11
separate purchases. The more sites you license, the more you
Site License Information R.K. West Consulting CREATIVITY
Discount Price Per Savings
Quantity Percentage Unit Per Unit
5 - 10 25% $25.50 $ 8.50
11 - 15 30% $23.80 $10.20
16 - 20 33% $22.78 $11.22
21 - 25 36% $21.76 $12.24
26 - 30 39% $20.74 $13.26
31 - 40 42% $19.72 $14.28
41 - 50 45% $18.70 $15.30
51 - 60 48% $17.68 $16.32
61 - 70 51% $16.66 $17.34
71 - 80 54% $15.64 $18.36
81 - 90 57% $14.62 $19.38
91 - 100 60% $13.60 $20.40
101+ Please contact R.K. West Consulting
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:
R.K. West Consulting Fax: (818) 366-1737
P.O. Box 8059
Mission Hills, CA 91346-8059 CompuServe: 72301,435
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
(818) 368-5534. (Technical support is not available at this
number.) 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
END USER SITE LICENSE AGREEMENT
R.K. West Consulting (Licensor) grants to ________________________________
Licensee accepts, a license to use the licensed program in accordance with
the terms and conditions contained in this agreement.
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 will deliver five
copies 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
Licensor'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.
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.
CREATIVITY Page 1 of 53.0 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 Licensor in writing. This license will
also terminate as otherwise provided in this agreement. On
termination, Licensee shall return all materials not destroyed to
Licensor together with a written verification that the remaining
materials have been destroyed.
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 Licensor, 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 Licensor 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 Licensor 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.
6.0 LIMITED WARRANTY
6.1 Licensor 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. Licensor does not warrant that the
licensed program is free from coding errors. Any program problems
reported to Licensor during the warranty period and determined by
Licensor to be actual coding errors will be corrected by Licensor
within a reasonable time. Any modifications to the licensed program
shall thereafter be licensed AS IS.
CREATIVITY Page 2 of 5 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
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
7.0 LIMITATION OF LIABILITY
7.1 The total liability of Licensor 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 Licensor 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 LICENSOR 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 written notice of such failure by Licensor;
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.
8.3 Termination of this agreement under this paragraph shall
not terminate any outstanding cllaims or actions that Licensor has or
may have against Licensee for violation of the terms of this
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 Licensor, which consent will not be
unreasonably withheld. Licensor 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
California 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 Los Angeles County, State of
California, or in the United States District Court for the the State
CREATIVITY Page 3 of 5 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
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 of
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.
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.
Effective this _________ day of ________________________, 19_____.
Authorized Representative Authorized Representative
Typed name_________________________ Rosemary West
Title______________________________ Title: Owner
Address____________________________ Address: R.K. West Consulting
___________________________________ P.O. Box 8059
___________________________________ Mission Hills, CA 91346-8059
CREATIVITY Page 4 of 5
NUMBER OF USERS LICENSE FEE PER USER
5 - 10 $25.50
11 - 15 $23.80
16 - 20 $22.78
21 - 25 $21.76
26 - 30 $20.74
31 - 40 $19.72
41 - 50 $18.70
51 - 60 $17.68
61 - 70 $16.66
71 - 80 $15.64
81 - 90 $14.62
91 - 100 $13.60
101+ Please contact R.K. West Consulting
The above prices include five copies of the retail version of
CREATIVITY. Licensee may make additional copies, up to the number of
copies licensed. R.K. West Consulting can supply multiple copies of the
distribution diskettes at an additional cost of $5.00 per copy plus
shipping and handling costs. R.K. West Consulting can supply multiple
copies of the printed User's Guide at an additional cost of $5.00 per copy
plus shipping and handling costs. If R.K. West Consulting issues a major
upgrade of CREATIVITY within ninety (90) days of signing the site
licensing agreement, the upgrade will provided free to Licensee.
CREATIVITY Page 3 of 5