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- Licensing and User Information for FSHL
- Version 1.25
-
- Oberon Software
- 518 Blue Earth Street
- Mankato, MN 56001
-
- Voice Phone: 507/388-7001
- BBS: 507/388-1154
- FAX: 507/388-7568
- MCI Mail: oberon/413-5847
- GEnie Mail: B.FLOWERS
- CIS: 72510,3500
-
- April 3, 1992
-
-
- -------------------------------------------------------------
-
- Copyright 1990-92, Oberon Software, Mankato, MN - All Rights Reserved
-
- -------------------------------------------------------------
-
-
- This version of FSHL is supplied for personal, private use.
- Feel free to distribute FSHL given these restrictions:
-
- o the program shall be supplied in its original, unmodified
- form, which includes this documentation and all accompanying
- support files;
-
- o no fee is charged;
-
- o use for profit without a license is prohibited;
-
- o the program may not be included or bundled with other
- goods or services. Exceptions may be granted upon written
- request only.
-
-
- -------------------------------------------------------------
-
- DISCLAIMER
-
- Use of this software for any purpose whatsoever constitutes your
- unqualified acceptance of the following statements.
-
- The author makes no warranty or representation that the software will
- be error free. The author disclaims any warranties, either express
- or implied, including but not limited to any implied warranty of
- merchantability or fitness for any particular purpose.
-
- The user agrees to take full responsibility for the selection of and
- any use whatsoever made of the software.
-
-
- IN NO EVENT WILL THE AUTHOR BE LIABLE FOR ANY DAMAGES WHATSOEVER
- (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS,
- BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR THE LIKE)
- ARISING OUT OF THE USE OF, INTERRUPTION IN THE USE OF, OR INABILITY
- TO USE THIS SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF ANY
- POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
-
-
- -------------------------------------------------------------
-
- PERSONAL REGISTRATION
-
- If you are using FSHL and find it of value, you are expected to
- become a registered user. Registration fee is $30.00 (US). Please
- make your check or postal money order payable to: Oberon Software.
- Please include $4.00 for shipping and handling. Minnesota residents
- should add 6.5% state sales tax. In exchange for registration you
- will receive a copy of FSHL from which the shareware notice has been
- removed, a 32-bit executable version of FSHL suitable for use with
- IBM OS/2 Version 2.0, a printed copy of the FSHL documentation, first
- consideration on requests for technical assistance via the Oberon User
- Support BBS, and automatic notification of all subsequent releases.
-
- For use by corporations and other institutions, please see the
- the following section. Individuals wishing to register multiple
- copies of FSHL may also use the discount schedule of pricing given
- in that section.
-
- For use by educational institutions, please contact Oberon Software
- for information on academic discounts.
-
- -------------------------------------------------------------
-
- COMMERCIAL LICENSING
- Effective 12/01/90
-
- You may obtain a license for the use of FSHL by writing to Oberon
- Software. The license is for perpetual, non-exclusive use of the
- version. Purchase orders and invoicing are acceptable. A license
- agreement form is enclosed. You may use it, or supply your own for
- review.
-
- If you have special requirements, such as licensing for an unlimited
- number of copies, or customization, please feel free to submit them
- in writing. You may request a license for:
-
- o a fixed number of copies, see the discount schedule;
- o an unlimited number of copies;
- o customization of messages and documentation, an additional
- fee may be required depending on the extent of changes;
- o permission to include with your company's commercial
- products;
- o or other needs.
-
-
- The fee for a license depends on the estimated number of copies of
- the program that you will use. The fee applies to one site. For
- local area networks, one copy must be licensed for each computer that
- will be using the program on the network. To use the discount
- schedule below, estimate the total number of copies that you may
- eventually use.
-
- Number of users(copies) Price per copy
- 1 $ 30.00
- 2 to 10 25.00
- 11 to 25 24.00
- 26 to 50 23.00
- 51 to 75 22.00
- 76 to 100 21.00
- 101 to 125 20.00
-
- Over 125: unlimited $2500.00
-
- Regardless of the quantity, only one set of materials will be sent to
- you. You may then make as many copies of FSHL as are licensed.
- Maintenance is free and technical support is available via telephone
- or through the Oberon User Support bulletin board system at
- (507)388-1154, at no charge. Licensed users of FSHL will receive
- notification of future upgrades. Additional FSHL manuals are
- available for $5 per copy.
-
- TERMS: Orders of $50 or less must be prepaid.
- Orders over $50 - NET 30.
-
-
- -------------------------------------------------------------
-
-
- AGREEMENT
-
- NON-EXCLUSIVE END USER SOFTWARE LICENSE
-
- This Agreement is entered into this _____ day of _______, 19___, by and between
- Braden R. Flowers, an individual, 518 Blue Earth Stree, Mankato, MN 56001,
- hereinafter referred to as Vendor, and ________________________________________,
- located at ____________________________________________________________________
- hereinafter referred to as Company, agree as follows:
-
- 1.0 LICENSE TO USER VENDOR'S PROGRAM
- 1.1 Vendor, for the consideration named, hereby grants to Company and its
- corporate affiliates, a non-exclusive license to use the proprietary
- computer program called _______________ ("Software").
-
- 1.2 Company shall pay vendor a one-time fee of ___________________ Dollars
- ($___________) for the license to use this Software.
-
- 1.3 Vendor grants to Company the right to copy the Software onto diskettes,
- hard disks, or in whatever manner may be deemed necessary to distribute
- and use the Software within the Company's business environment, including
- use on desktop computers.
-
- 1.4 Vendor shall supply a customized version of the Software to the Company
- which includes the statement "Licensed to: Company". The Company shall
- have the right to copy, modify, duplicate, distribute, and use the
- Software and any software derived from any source materials on ___________
- personal computers for the internal business purposes of the Company.
-
- 1.5 This right to copy and reproduce extends to any material and documentation
- supplied by Vendor and related to the Software, except for any and
- all source material.
-
- 2.0 TITLE TO SOFTWARE
- 2.1 Title to the software and all related material is with Vendor.
-
- 2.2 Neither the software nor this Contract may be assigned, sub-licensed or
- otherwise transferred by Company without the prior written consent of the
- Vendor.
-
- 2.3 Company agrees to use its best efforts to prevent any and all unauthorized
- persons from acquiring the Software, and will exercise the same care and
- diligence to protect the Vendor's proprietary property as it does to
- protect its own.
-
- 3.0 TERMS OF AGREEMENT
- 3.1 The term of this Agreement shall begin on the date first above written and
- shall continue in perpetuity unless earlier terminated as described below.
-
- 3.2 Vendor may terminate this Agreement on ten (10) days written notice to
- Company if Company fails to comply with the terms and conditions herein.
-
- 3.3 Company may terminate this Agreement on five (5) days written notice any
- time during the thirty (30) day period following execution by both
- parties and in such case, if source material has not been included, the
- Company shall receive a full refund of all fees paid.
-
-
- 3.4 After the thirty (30) days following execution, Company may terminate this
- Agreement at its sole option at any time on thirty (30) days written
- notice to Vendor.
-
- 4.0 DISPOSITION OF SOFTWARE
- 4.1 If this Contract is terminated early Company shall return or destroy all
- copies of software.
-
- 4.2 Within thirty (30) days after early termination of this Agreement, Company
- shall verify by letter to Vendor that the original and all copies of the
- software, in whatever form, in part or in whole, have been returned to
- Vendor, or have been destroyed.
-
- 5.0 LIMITATIONS OF LIABILITY
- 5.1 Vendor makes no warranties with respect to the licensed program. The
- obligations of vendor shall be:
-
- 5.1.1 To make a reasonable effort to fix any operations/execution problems
- that are found by the Company which prevent the program from performing
- the functions described in vendor-supplied documentation.
-
- 5.1.2 To make available to the Company, as a replacement to the program
- initially supplied under this Agreement, all subsequent versions
- published by or on behalf of vendor during the first year of the term
- of this Agreement for no additional fee.
-
- 5.2 Company makes no warranties with respect to the distribution of the
- software other than those covered elsewhere in this Agreement.
-
- 5.3 The foregoing warranties are in lieu of all other warranties expressed or
- implied, including, but not limited to, the implied warranties of
- merchantability and fitness for a particular purpose. Company further
- agrees that Vendor shall not be liable for any lost profits, or for any
- claim or demand against Company by any other party, except as provided
- herein. In no event shall Vendor be liable for consequential damages,
- even if Vendor has been advised of the possibility of such damages.
- Vendor agrees that the Company shall not be liable for any lost profits
- for the unauthorized use or distribution of the program so long as the
- other terms of this Agreement are complied to.
-
- 6.0 LAWS GOVERNING
- 6.1 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 law of the State of
- Minnesota, as to the nature, validity, and interpretation thereof.
-
- 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.
-
- Braden R. Flowers, individual Accepted by:
- SS No. 471-56-6546
- Name _________________________________
-
- By _______________________________ By _________________________________
-
- Title _______________________________ Title _________________________________
-
- Date _______________________________ Date _________________________________
-
-
-