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PERSONAL CALENDAR (PC) FOR DOS Version 14.62 FILE LICENSE.DOC 7 Oct 1993 Trial-Use and Limited Distribution License ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Personal or Site Software License (including Warranty) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Copyright 1985-1993 by Paul Munoz-Colman. All rights reserved. ┌─────────┐ ┌─────┴───┐ │ (R) ──│ │o │────────────────── │ ┌─────┴╨──┐ │ Association of │ │ │─┘ Shareware └───│ o │ Professionals ──────│ ║ │──────────────────── └────╨────┘ MEMBER ╔═════════════════════════════════════════════════════════════════════════════╗ ║ Paul Muñoz-Colman │ TECHNICAL SUPPORT: │ CREDIT CARD ORDERS: ║ ║ FunStuff Software │ Voice 703-435-1110 │ Voice 800-242-4775 ║ ║ 11645 Charter Oak Court │ 703-693-5227 │ FAX 713-524-6398 ║ ║ Suite 201 │ FAX 703-435-3130 │ CompuServe 71355,470 ║ ║ Reston, VA 22090-4526 USA │ CompuServe 71141,1224 │ or !GO SWREG ║ ╚═════════════════════════════════════════════════════════════════════════════╝ This file contains software licenses for the shareware (trial) and registered (purchased and licensed) versions of Personal Calendar. These licenses apply to individuals and organizations who use Personal Calendar and who distribute it to others. EVALUATION. A TRIAL USE LICENSE appears below, which lets you try out Personal Calendar for a 30-day period. A LIMITED DISTRIBUTION LICENSE also appears, which spells out how we allow Personal Calendar to be distributed in its Shareware form. REGISTERED USE. After your 30-day evaluation period is up and you purchase Personal Calendar for continued use, this license applies to you. We'd be happy to supply you with a signed copy of this license if you wish one. In any event, you are bound by its terms and conditions. ┌──────────────────────────────────────────────────────────────────────────┐ │ PLEASE! Show your support for shareware by purchasing (registering) │ │ the programs you actually use! Our ability to enhance Personal │ │ Calendar depends upon and needs your support! Thank you! │ └──────────────────────────────────────────────────────────────────────────┘ PERSONAL CALENDAR ========================================== TRIAL USE AND LIMITED DISTRIBUTION LICENSE ========================================== 1.0 COPYRIGHT. Personal Calendar is NOT in the public domain. It is Copyright 1985-1993, by Paul Munoz-Colman. The SOFTWARE and documentation are protected by United States Copyright law and by International Treaty provisions. Evaluation and distribution of this SOFTWARE are limited by Copyright law, and by the terms of this TRIAL USE AND LIMITED DISTRIBUTION LICENSE. 2.0 TRIAL USE. We (LICENSOR) hereby grant you (LICENSEE) a limited LICENSE to evaluate this SOFTWARE and its documentation for a period not to exceed thirty (30) days. If you use this SOFTWARE and documentation after this period, you are required to purchase it by making a registration payment to us. 2.1 TIME LIMIT ON TRIAL USE. Use of this SOFTWARE and documentation after 30 days, without purchasing a registered copy, is a violation of our copyright, and a violation of the terms of this limited LICENSE. 2.2 OTHER LIMITATIONS ON TRIAL USE. You shall not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed SOFTWARE except as provided in this AGREEMENT. Any violation of these provisions shall result in immediate and automatic termination of this LICENSE. 3.0 LIMITED DISTRIBUTION. With the following restrictions, we authorize individuals, BBS SysOps, User Groups and Disk Vendors to distribute Personal Calendar's executable program. We DO NOT authorize anyone to distribute the source code to Personal Calendar, which is not available. 3.1 COPY FOR EVALUATION. Subject to the following conditions, you may copy the shareware version of Personal Calendar for your own evaluation, or for other individuals to evaluate. 3.2 PRODUCT DEFINITION AND INTEGRITY. If you copy or distribute Personal calendar, you must distribute EXACTLY the list of files shown in file PACKING.LST, without modification of any kind. To accomplish this, you may use any brand of compression software, or none at all. A copy of Personal Calendar which does not contain EXACTLY the unmodified files shown in PACKING.LST is defective and distribution is forbidden--please contact us to obtain the complete package. 3.3 DISTRIBUTION FEE LIMIT. You shall not charge a price or other compensation for Personal Calendar. You may charge a distribution fee for the cost of the diskette, shipping and handling, as long as the total per diskette does not exceed US $8.00 in the United States and Canada, or US $12.00 in other countries. If you operate a for-pay BBS, you may charge reasonable and customary reimbursement for connect and communication charges, such as is done by CompuServe. If you are a CD-ROM distributor, you may charge a fair market price for the CD-ROM. 3.4 PRODUCT REPRESENTATION. Without a written AGREEMENT with us, you shall not sell Personal Calendar as part of any other package or commercial offer. You shall not rent or lease Personal Calendar to others. You shall comply with the following terms: You must discontinue distribution of old versions of our product upon your discovery of a later one. The version designation of this product is shown at the top of this file. You may not list our shareware products in advertisements, catalogs, or other literature which describes our product as "FREE SOFTWARE". Shareware is "Try Before You Buy" software, it is not free. Your literature must clearly mark our product as "Shareware", and must explain the shareware concept and payment requirements. 3.5 USER AWARENESS OF RESPONSIBILITY. By distributing Personal Calendar as Shareware, you agree to make anyone to whom you distribute a copy aware that: (1) each disk or copy is ONLY for evaluation, and (2) the person to whom you distribute Personal Calendar does not become a registered (licensed) user until they purchase it from us. You may meet these requirements by distributing the complete Personal Calendar package as defined in 3.2. 3.6 CURRENT VERSION OF PRODUCT. You do NOT have permission to distribute outdated versions of the Personal Calendar package. If the version you have is older than eighteen (18) months old, please contact us to ensure you have the most current version. This version's date and number are shown at the top of this file. 3.7 U.S. GOVERNMENT INFORMATION: Use, duplication, or disclosure by the U.S. Government of the computer SOFTWARE and documentation in this package shall be subject to the restricted rights applicable to commercial computer SOFTWARE as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 (DFARS 52.227-7013). The contractor/manufacturer is: Paul Munoz-Colman, President FunStuff Software 11645 Charter Oak Court Suite 201 Reston, VA 22090-4526 USA 4.0 DISCLAIMER OF LIABILITY. 4.1 USE AS IS. SINCE YOU ARE NOT PAYING ANY MONEY FOR THIS TRIAL USE VERSION, YOU RECEIVE IT ENTIRELY "AS IS". FUNSTUFF SOFTWARE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, WHATSOEVER. 4.2 NO WARRANTY. WE MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. 5.0 All rights not expressly granted herein are reserved to us. ================================================= END OF TRIAL USE AND LIMITED DISTRIBUTION LICENSE ================================================= ============================================================ After your 30-day evaluation period is up and you purchase Personal Calendar for continued use, the following license and warranty applies to you. If you wish, we'd be happy to supply you with a signed copy--just sign it first and send it to us. Whether or not you do that, you are still bound by its terms and conditions. ============================================================ PERSONAL CALENDAR Version 14.62 =============================================== PERSONAL OR SITE LICENSE AGREEMENT AND WARRANTY =============================================== This AGREEMENT is entered into this _____ day of _______, _____, by and between Paul Munoz-Colman, an individual, 11645 Charter Oak Ct., #201, Reston VA 22090 USA, hereinafter referred to as LICENSOR, and ________________________________, located at ___________________________________________________________________ hereinafter referred to as LICENSEE. LICENSOR and LICENSEE agree to: 1.0 LICENSE TO USE LICENSOR'S PROGRAM 1.1 LICENSE GRANT. LICENSOR, for the PAYMENT named, hereby grants to LICENSEE a non-exclusive LICENSE to use the proprietary computer program called Personal Calendar ("SOFTWARE"). "Use" means copying of any portion of the licensed executable program from a storage unit or media into the designated equipment, execution of the licensed SOFTWARE on the equipment, and archiving the SOFTWARE for backup purposes. Source code is not included in this LICENSE. 1.2 PAYMENT. For the (personal)(site) LICENSE to use this SOFTWARE, \ circle one / LICENSEE shall pay LICENSOR a one-time fee of ________________________________ US Dollars ($__________). (fee in words) (fee in numbers) 1.3a FOR PERSONAL LICENSE ONLY. LICENSOR grants to LICENSEE the right to use and cause the SOFTWARE to be active on no more than one computer system at a time. 1.3b FOR SITE LICENSE ONLY. LICENSOR grants to LICENSEE the nontransferable, nonexclusive right to use and distribute _______ copies of the SOFTWARE internal to LICENSEE's named organization. 1.3b.1 SITE DISTRIBUTION. LICENSOR shall deliver one copy of the licensed SOFTWARE to LICENSEE, unless LICENSEE requests separately-serialized diskettes, then LICENSOR shall deliver the requested number of copies. If LICENSEE requests a single master diskette, LICENSEE may make additional copies of the program, up to the number of copies licensed herein, provided each copy of the program contains Personal Calendar's copyright notice, the copy number, the CALSER.DAT file and any proprietary legends (including those under the Federal Acquisition Regulations (FAR) if any), contained on the delivered copy. 1.3b.2 COUNT OF SITE COPIES. Each copy of the licensed SOFTWARE provided under this LICENSE may be used on only one computer at any one time. If Personal Calendar is made available on a Local Area Network (LAN) or Wide Area Network (WAN) system, each terminal user on the LAN or WAN who maintains a Personal Calendar Appointment (.CLD) File is automatically considered to be using a distinct copy of licensed SOFTWARE. 1.4 BRANDING OF REGISTERED COPIES. LICENSOR shall supply the latest version of the SOFTWARE to LICENSEE which includes a customized especially encoded registration validation data file CALSER.DAT. This file, when present in the directory in which the CAL.EXE program resides, shall cause the SOFTWARE to operate in the registered mode and to display the statement "Licensed to:" LICENSEE's name as declared on the ORDER FORM, the serial number of the program and, for site licenses, the total number of copies. 1.5 REPRODUCTION RIGHTS. This right to copy and reproduce extends to any material and documentation supplied by LICENSOR and related to the SOFTWARE. LICENSEE shall not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed SOFTWARE except as provided in this AGREEMENT. Any such unauthorized use shall result in immediate and automatic termination of this LICENSE. 2.0 TITLE TO SOFTWARE, CONFIDENTIALITY, AND PROPRIETARY RIGHTS 2.1 TITLE. Title and copyright to the SOFTWARE, associated trademarks, and all related material is with LICENSOR. The SOFTWARE program is licensed, not sold. Nothing in this AGREEMENT shall be construed as conveying title in the SOFTWARE to LICENSEE. 2.2 REGISTRATION VALIDATION FILE. LICENSEE agrees during the term of this LICENSE, and thereafter, to hold all copies of the licensed registration validation data file CALSER.DAT 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. LICENSEE shall inform LICENSOR promptly and in writing of any actual or suspected unauthorized use or disclosure of the CALSER.DAT file. 2.3 The obligations under this paragraph shall survive the termination or rescission of this AGREEMENT. 3.0 TERMS OF AGREEMENT, TERMINATION, AND DISPOSITION OF SOFTWARE 3.1 TERM. This LICENSE is effective until terminated, including as otherwise provided in this AGREEMENT. 3.2 TERMINATION BY LICENSOR. LICENSOR may terminate this AGREEMENT on ten (10) days written notice to LICENSEE if LICENSEE fails to comply with the terms and conditions herein, and LICENSEE fails to cure such failure within fifteen (15) days after notice of such failure by LICENSOR. 3.3 TERMINATION BY LICENSEE. LICENSEE may terminate this AGREEMENT at any time by destroying all copies, backups, and archives of the SOFTWARE, including the CALSER.DAT file, and notifying LICENSOR in writing within five (5) days. On termination, LICENSEE shall return a written verification that the destruction of materials has occurred. 4.0 WARRANTY 4.1 LIMITED WARRANTY. LICENSOR warrants for a period of ninety (90) days from the date of delivery of the licensed SOFTWARE, the program, if unmodified by the LICENSEE, will perform in substantial conformity with the User's Manual documentation. LICENSOR does not warrant that the licensed SOFTWARE 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 SOFTWARE by LICENSEE shall thereafter be licensed AS IS with NO WARRANTY. 4.2 PHYSICAL MEDIA DEFECTS. LICENSOR warrants the physical diskette(s) provided with registered versions to be free of defects in materials and workmanship for a period of ninety (90) days from the date of registration. If LICENSOR receives notification within the warranty period of defects in materials or workmanship, and such notification is determined by LICENSOR to be correct, LICENSOR will replace the defective diskette(s). 4.3 EXCLUSION FOR MISUSE. The above warranty does not apply to the extent that any failure of the licensed SOFTWARE to perform as warranted is caused by the licensed SOFTWARE being (1) not used in accordance with the user documentation, or (2) modified by any person other than LICENSOR. 4.4 OTHER EXCLUSION. 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. 5.0 LIMITATION OF LIABILITY 5.1 MONETARY LIMITATION. LICENSOR's liability to LICENSEE and all other persons, resulting from any claim or damage arising out of the use of the licensed SOFTWARE or otherwise related to this LICENSE, shall be absolutely limited to direct damages which shall never exceed the lower of suggested list price or actual price paid for the license fee to use the software, regardless of any form of the claim. 5.2 LIMITATION ON PHYSICAL MEDIA DEFECTS. The entire and exclusive liability and remedy for defective media shall be limited to replacement of defective diskette(s) or documentation, and shall not include or extend to any claim for or right to recover any other damages. 5.3 EXCLUSION OF ALL OTHER LIABILITY. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ADDITIONAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, LOSS OF THE USE OF THE SOFTWARE, LOST SAVINGS, OR OTHER SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR OTHER SIMILAR CLAIMS 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. 6.0 GENERAL TERMS 6.1 ASSIGNMENT OR TRANSFER. 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. 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. 6.2 LAWS GOVERNING. Regardless of the place of contracting, place of performance, or otherwise, this Contract, and all amendments, modifications, alterations, or supplements thereto, shall be governed by the laws of the Commonwealth of Virginia, as to the nature, validity, and interpretation thereof. 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 General District or Circuit Court of Fairfax County, Virginia, or in the United States District Court for the Commonwealth of Virginia. 6.3 ARBITRATION. 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. 6.4 ENFORCEABILITY. 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. 6.5 AMENDMENT, WAIVER, BREACH. 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 subsequent breach. This AGREEMENT and its exhibits contain the entire AGREEMENT between the parties hereto, superseding all previous AGREEMENTs, representations, understandings and negotiations. 6.6 PAYMENT. Timely payment is of the essence of this AGREEMENT. 6.7 EXECUTION. This AGREEMENT may be signed in counterparts. IN WITNESS WHEREOF the parties hereto have caused this AGREEMENT to be duly executed on their behalf as of the day and year first written in the preamble of this AGREEMENT in two counterparts, each one of which bearing original signatures shall for all purposes be deemed an original. Paul Munoz-Colman Accepted by: President FunStuff Software Sign _______________________________ Sign _________________________________ (LICENSOR) (LICENSEE) Print _________________________________ Title: Personal Calendar Author and Owner Title _________________________________ Date _______________________________ Date _________________________________ END OF FILE LICENSE.DOC