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APPENDIX C -- REGISTRATION, LICENSING AND WARRANTY REGISTRATION AND LICENCE FEES WinNAV and all other applications must be registered to be used other than for an initial evaluation. BASIC CHARGES Current rates for prepaid orders are as follows: US (Canada) International ----------- ------------- $49.50 $49.50 Single user registration/license fee 9.00 16.00 5 1/4" disk set, containing applica- tion, and on-disk documentation. 10.00 17.00 3 1/2" disk set, containing applica- tion, and on-disk documentation. ADDITIONAL FEES AND CHARGES Additional fees and charges must be added where applicable: US (Canada) International ----------- ------------- 15.00 25.00 Non-US Bank Handling Charge, for checks, drafts or money orders drawn on non-U.S. banks and/or without U.S. bank routing numbers 5% of total Purchase Purchase Order Handling Charge order or Orders (minimum fee is $20.00, or 5% of the $20.00 (Non- are total registration and disk fee, U.S. Purchase Not Accepted whichever is greater). Warning: Orders are Read Purchase Order section of this not accepted) manual before sending PO. 8.25% Sales Tax for Texas Residents Appendix C-1 Please note that the scheduled rates and charges are current as of the date of this manual. All fees and charges are subject to change without notice. MULTIPLE COPY DISCOUNTS AND PURCHASE ORDER DEPOSITS WinNAV and all other applications must be licensed to be used other than for initial evaluation. In addition to single user licenses, multiple copy/user discounts are available pursuant to the following schedules. Multiple User and Site registration/license fee discount: Discount Total Copies (%) Registered -------- ------------ 0% 1 to 9 5% 10 to 49 10% 50 to 99 15% 100 to 499 20% 500 to 999 30% 1000 to 1499 40% 1500 to 1999 50% 2000 or more Please note that discounts apply to the single user registra- tion/license fee only, and not to media charges. In addition to all other charges and discounts, multiple copy/user in excess of nine (9) registrations may require an advance deposit: US (Canada) International ----------- ------------- Appendix C-2 10% of Purchase Purchase Order Deposit. Warning: total Orders Read Purchase Order section of this order are manual before sending purchase Not Accepted orders. SITE LICENCES WinNAV and all other applications must be licensed to be used other than for initial evaluation. In addition to single user licenses, site license discounts are available pursuant to the following schedules. Site registration/license fees: Quantity License Total Fees -------- Fees ---------- ----------- - First 100 $4,000 $ 4,000.00 101 to 200 Add $ 7,000.00 $3,000 201 to 400 Add $13,000.00 $6,000 401 to 600 Add $18,000.00 $5,000 601 to 800 Add $22,000.00 $4,000 801 to 1000 Add $25,000.00 $3,000 Add $3,000 for each 200 copy increase beyond 1,000 copies Site licenses include a single master disk copy, containing applications and documentation, and free upgrades for the first year. Additional charges may apply to multiple site license ageements. Appendix C-3 In addition to all other charges and discounts, multiple copy/user in excess of nine (9) registrations may require an advance deposit: US (Canada) International ----------- ------------- 10% of Purchase Purchase Order Deposit. Warning: total Orders Read Purchase Order section of this order are manual before sending purchase Not Accepted orders. PRICES SUBJECT TO CHANGE Please note that the scheduled rates and charges are current as of the date of this release; however, all fees and charges are subject to change without notice. PREPAID ORDERS Prepaid orders require advance payment in U.S. funds, by cash, money orders, postal money orders, credit card, and personal and business checks subject to clearance of funds. Mail (Non-Credit Card) Orders For mail order purchases, enclose the following items in an enve- lope: (1) A fully completed copy of the registration or order form, appearing at the end of this manual; and (2) Full payment by cash, check or money order made payable to "RICHARD S. PATTERSON" (for your own pro- tection cash should not be sent through the mail -- I can not be responsible for cash that gets "lost" before I receive it), addressed to: Richard S. Patterson P. O. Box 270492 Houston, Texas 77277 Appendix C-4 Licensing materials will generally be sent to you upon clearance of funds, e.g., check or money order, or receipt of cash. Media sets are often forwarded separately, depending on whether the disk order is for the current or next release. Credit Card, Phone, FAX and Modem Orders By special arrangement, you can now register WinNAV and purchase disk sets by telephone, modem or FAX, by credit card (Visa and MasterCard), through the Public Software Library ("PsL"). For further information contact: Public software Library P. O. Box 35705 Houston, Texas 77235-5705 (713) 524-6394 For the convenience of their customers, PsL reserves the follow- ing numbers for "ORDERS ONLY" Telephone Orders Only: (800) 242-4775 FAX Orders Only: (713) 524-6398 Compuserve (CIS) Orders: 71355,470 Please note that PsL cannot answer technical questions regarding the product, and that their "800" and FAX numbers are reserved for credit card orders only. PURCHASE ORDERS AND BILLING Purchase orders are subject to acceptance, and may require an advance deposit on large orders. Generally, purchase orders are rejected for orders of less than nine (9) registrations -- even if they are from a major national corporation or governmental agency; we are sorry, but we cannot justify spending hours reading the often cryptic language of multipage purchase orders for relatively small order or single registrations. Furthermore, purchase orders will not be accepted if they purport to obligate us to your company's terms and conditions which are contrary to those of our licensing agreements or disclaimer of warranties. Appendix C-5 As stated herein, there are no warranties whatsoever associated with the Windows Navigator (WinNAV) software product, and we are not responsible for its performance. You are the sole judge of the product's effectiveness and suitability for your particular purposes, and are given an opportunity to pre-evaluate same via shareware distribution. To order WinNAV, enclose the following items in an envelope: (1) A fully completed copy of the order form, appearing at the end of this manual, (2) Purchase order, stating, in clear and obvious type, items and number of copies to be registered or pur- chased, together with your shipping and billing address, and (3) Name, address and phone number of a knowledgeable individual whom we may contact should any question about this order arise, addressed to: Richard S. Patterson P. O. Box 270492 Houston, Texas 77277 INTERNATIONAL ORDERS We recognizes the difficulties our international customers face in presenting payment for our products. These difficulties include excessive fees charged for international money orders, postal delays and currency conversion problems of various types. However, we can only accept drafts, checks, international money orders or travelers checks payable in U. S. Dollars; drafts drawn on non-U.S. banks require an additional handling charge (Canada $15.00, other International $25.00). You must perform any neces- sary currency conversions on your end of the transaction, and take any necessary steps to eliminate the possibility of the loss of the funds by the postal services. Registration and disk orders can also be paid by credit card, Visa or Master Card, through the Public software Library ("PsL"). See, the "Credit Card, Phone, FAX and Modem Orders" section of this manual for further information. Appendix C-6 It is strongly recommended that international orders be paid by Postal Money Orders, as these appear to be honored by most U.S. post offices, or by drafts drawn on U.S. banks with preprinted U.S. bank routing numbers. An additional charge to cover postal fees and handling is required on all international orders, and is included in the scheduled charges section of this manual. All materials will be mailed via airmail, whenever possible, thus avoiding many unnec- essary delays. REGISTERED USER -- CONTINUED SUPPORT AND FEEDBACK Registered users who do contribute will be notified when updates and new products are available. Anyone wishing to offer advice and suggestions are most welcome to do so. Those of you who have registered your copy of WinNAV, and wish to receive an updated copy of the latest shareware version, can always obtain a registered copy by mail; include the current disk fee ($15.00 as of the date of this release) to cover materials, postage and handling costs. In your request, please specify the version and serial numbers of your current copy of WinNAV, or better yet, use the registration form included in this User's Guide. Optionally, you may include two (2) 5 1/4" or 3 1/2" diskettes for each set ordered, together with a self-addressed stamped dis- kette mailer (with adequate postage to cover the cost of each of two (2) disk sets requested), plus $5.00 to cover handling, and I will copy and send you the latest version of WinNAV. If there have not been any significant updates made since your version, I will wait until the next release of WinNAV to send your update (if no updates are expected to be available in the following 60 day period your payment and/or media will be returned to you, upon your notification). If you do have a question, a bug report, or suggestions for future versions, please drop me a note, and include: (1) A self addressed stamped envelope (if a reply is required); Appendix C-7 (2) The version and serial number of the copy of WinNAV that you are using, which appears on WinNAV's "About" dialog panel; (3) The versions of DOS and Windows that you are using; (4) Your hardware configuration (model, memory size, printer, etc.); and (5) Any Windows or standard DOS applications that you may be running or have loaded under Windows at the time you are running WinNAV. This information will help me to track any problems and to sug- gest reasonable solutions to your problems. Please address all inquiries and requests to: Richard S. Patterson P. O. Box 270492 Houston, Texas 77277 In addition, I may be reached on The Fox Micro BBS in Houston, Texas, where unregistered copies of the most recent release of WinNAV will be first posted. Fox Micro's BBS, in Houston, Texas, can be accessed by calling (713) 859-9105 (Public Node) and (713) 859-9108 (Private Node). Please note that access to the Private Node generally requires payment of a membership fee; information on obtaining membership is available on the Public Node. Those interested in Microsoft Windows may find that the Windows confer- ence and file area on this board to be one of the best and most active in the Houston area. Please remember that this is an independant board, and not ran or operated by anyone affiliated with FlashPoint Development, and we are the guests of the sys- tems' operator -- please respect his rules and regulations. ------------------------------------------------------- In order to continue to provide quality software at reasonable rates, we generally are unable to return long distance telephone calls from non-registered users, unless you specifically advise us that we may place same collect. ------------------------------------------------------- Appendix C-8 REGISTERED USER -- LICENSE AGREEMENT AND LIMITED WARRANTY IMPORTANT - READ CAREFULLY BEFORE USING. BY USING THIS PRODUCT, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FOLLOWING LICENSE AGREEMENT. REGISTERED END-USER LICENSE AGREEMENT AND LIMITED WARRANTY This is a legal agreement between you, the end user, and the Licensor, Richard S. Patterson and FlashPoint Development. By using the product, which includes the software applications, pro- grams and code (the "software") and any accompanying materials and media provided therewith, you are agreeing to be bound by the terms and conditions of this license agreement. The software, accompanying materials and media are a copyrighted and proprietary product of Licensor, and contains valuable trade secrets. It is licensed (not sold) only on the condition that you agree to the terms and conditions of this license agreement. You assume responsibility for the selection of the software to achieve your intended results, and for the installation, use and results obtained from the software. END-USER LICENSE GRANT OF LICENSE. Licensor grants to you, for each paid regis- tration, the right to use one copy of the software on a single terminal connected to a single computer (i.e., with a single CPU). You may not network the software or otherwise use it on more than one computer, computer terminal or workstation at the same time, unless you have separately licensed, registered and paid for a copy for each computer, computer terminal and worksta- tion on which it is used. TERM. This license agreement is effective until terminated by Licensor. You may terminate it at any other time by destroying the software, accompanying materials and media, together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this agree- ment, or if you fail to comply with any the term or condition of this agreement. You agree upon such termination to destroy the software, accompanying materials and media, together with all copies, modifications and merged portions in any form. Appendix C-9 COPYRIGHT. The software is owned by Licensor or its suppliers and is protected by United States copyright laws and interna- tional treaty provisions. Therefore, you must treat the software like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the software solely for backup or archive purposes for each paid reg- istration, or (b) transfer the software to a single hard disk provided you keep the original solely for backup or archive purposes for each paid registration. You may not copy any pre- printed written materials accompanying the software, and you may print only a single copy of any written materials provided by electronic or on magnetic media for each paid registration. OTHER RESTRICTIONS. You may not rent or lease the software, but you may transfer the software and accompanying materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this agreement. You may not reverse engi- neer, decompile or disassemble the software. If software is an update, any transfer must include the update and all prior versions. This license shall be deemed terminated and void, if the product is to be used in any country whose laws permit the software to be reverse engineered, decompiled or disassembled, absent a written agreement to the contrary between you and Licen- sor; continued use or distribution in such countries in violation of this provision shall subject you and any business, commercial enterprise or government agency at which such software is used, to liability and prosecution under the provisions of the United States RICO Act. DUAL MEDIA SOFTWARE. If the software package contains multiple disks of more than one size, then you may use only the disks appropriate for your single-user computer. You may not use the other disks on another computer or loan, rent, lease or transfer them to another user except as part of a permanent transfer (as provided above) of all software and accompanying materials. GENERAL. This agreement is governed by the laws of the State of Texas. Should you violate any terms or conditions of this agree- ment, you agree that you shall be responsible for all damages incurred by Licensor as a result of your violation or breach, including costs of litigation and reasonable attorneys' fees, and consent to the jurisdiction and venue of the Texas courts. In the event that you use the product in a place of business, com- mercial enterprise or government agency, the place of business, commercial enterprise or government agency shall, by your use of Appendix C-10 the product, be bound by the terms and conditions of this agree- ment, whether or not you have advised them of this agreement or your use of the product. LIMITED WARRANTY LIMITED WARRANTY. Licensor warrants only that the software pro- vided by Licensor will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of receipt, and that any media provided by Licensor will be free from defects in materials and workmanship under normal use and service for a period of 90 days from the date of receipt. Any implied warranties on the software and media are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitations may not apply to you. OTHER LIMITATIONS. Licensor does not warrant that the functions contained in the software or accompanying materials will meet your requirements, or that the operation or use of the software or accompanying materials will be uninterrupted or error free. The accuracy of the information supplied with the product and its fitness for any purpose may change without notice, and should not be construed as any kind of a commitment on the part of Licensor to further develop the product. No responsibility is assumed for any errors or problems that may be encountered with use of this product. There are no other warranties, either express or implied, whatsoever associated with this product, and it is otherwise sold "AS IS." CUSTOMER REMEDIES. Licensor's entire liability and your exclu- sive remedy shall be, at Licensor's option, either (a) return of the price paid or (b) repair or replacement of the software or media that does not meet Licensor's Limited Warranty and which is returned to Licensor with proof of purchase. In no event will Licensor's liability for any damages to you or any other person exceed the purchase price paid for the license to use the soft- ware, accompanying materials and media, regardless of the form of claim. This Limited Warranty is void if failure of the software or media has resulted from accident, abuse or misapplication. Any replacement software or media will be warranted only for the remainder of the original warranty or 30 days, whichever is longer. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE UNITED STATES OF AMERICA. Appendix C-11 NO OTHER WARRANTIES. Licensor disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular pur- pose, with respect to the software, the accompanying materials and any accompanying media. This limited warranty gives you specific legal rights. You may have others, which vary from state to state. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Licen- sor or its suppliers be liable for any damages whatsoever (incl- uding, without limitation, damages for loss of business or profits, business interruption, loss of business information, loss of data, or other pecuniary loss), arising out of the use of or inability to use the product, even if Licensor has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for conse- quential or incidental damages, the above limitations may not apply to you. U.S. GOVERNMENT RESTRICTED RIGHTS The software and accompanying materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Gov- ernment is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and FAR 52.227-19, and applicable law. Contractor/manufacturer is Richard S. Patterson, FlashPoint Development, P. O. Box 270492, Houston, TX 77277. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LICENSOR WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICA- TIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. Should you have any questions concerning this agreement, or if you wish to contact Licensor for any reason, please write to: Richard S. Patterson FlashPoint Development P. O. Box 270492 Houston, TX 77277. Appendix C-12