F i l e X r e f
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
sitelicensing and how much you save per site licensed. For
instance, if you purchased a site license for 15 users (sites)
your cost would be $262.50, which saves you $112.50 of the cost
of 15 separate purchases. The more sites you license, the more
Site License Information Page 1 of 2
ConVal Software Inc. FileXref 1.3
Discount Price Per Savings
Quantity Percentage Unit Per Unit
6 - 10 25% $18.75 $ 6.25
11 - 15 30% $17.50 $ 7.50
16 - 20 33% $16.75 $ 8.25
21 - 25 36% $16.00 $ 9.00
26 - 30 39% $15.25 $ 9.75
31 - 40 42% $14.50 $10.50
41 - 50 45% $13.75 $11.25
51 - 60 48% $13.00 $12.00
61 - 70 51% $12.25 $12.75
71 - 80 54% $11.50 $13.50
81 - 90 57% $10.75 $14.25
91 - 99 60% $10.00 $15.00
100+ Please contact ConVal Software
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:
ConVal Software Inc. Voice: (805) 529-6847
11607 E. Butter Creek Road
Moorpark, California 93021 CompuServe: 72330,1621
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
(805) 529-6847. 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
Site License Information Page 2 of 2
END USER SITE LICENSE AGREEMENT
ConVal Software Inc. (Licensor) grants to _______________________
and Licensee accepts, a license to use the licensed program in
accordance with the terms and conditions contained in this
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
(ConVal Software) 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 ConVal Software'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.
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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.
3.1 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 ConVal Software in writing.
This license will also terminate as otherwise provided in this
agreement. On termination, Licensee shall return all materials
not destroyed to ConVal Software 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 ConVal
Software,Inc. 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 ConVal Software 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
5.4 Licensee shall inform ConVal Software 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.
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ConVal Software FileXref 1.3
6.0 LIMITED WARRANTY
6.1 ConVal Software 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. ConVal
Software does not warrant that the licensed program is free from
coding errors. Any program problems reported to ConVal Software
during the warranty period and determined by ConVal Software to
be actual coding errors will be corrected by ConVal Software
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 ConVal Software 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
7.0 LIMITATION OF LIABILITY
7.1 The total liability of ConVal Software 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 ConVal Software 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 ConVal
Software, Inc. 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
ConVal Software Inc.; and
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ConVal Software FileXref 1.3
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 ConVal Software, which consent
will not be unreasonably withheld. ConVal Software 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 Ventura County,
State of California.
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.
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ConVal Software FileXref 1.3
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
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
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.
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ConVal Software FileXref 1.3
Effective this _________ day of ______________________, 19_____.
Authorized Representative Authorized Representative
Typed name_____________________ Typed name____________________
_______________________________ ConVal Software_____________
_______________________________ 11607 E. Butter Creek Rd._____
_______________________________ Moorpark, California 93021____
FileXref, Version 1.3
NUMBER OF USERS LICENSE FEE PER USER
6 - 10 18.75
11 - 15 17.50
16 - 20 16.75
21 - 25 16.00
26 - 30 15.25
31 - 40 14.50
41 - 50 13.75
51 - 60 13.00
61 - 70 12.25
71 - 80 11.50
81 - 90 10.75
91 - 100 10.00
101+ Please contact ConVal Software
The above prices include one copy of the Retail Version of
FileXref. Licensee may make additional copies, up to the number
of copies licensed. ConVal Software can supply multiple copies
of the distribution diskettes at an additional cost of $5.00 per
copy plus shipping and handling costs.
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