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──────────────────────────────────────────────────────────────────────
4 P R I N T a n d 4 B O O K 4 . 1
SITE LICENSE INFORMATION
Korenthal Associates, Inc.
Last Updated November 1992
──────────────────────────────────────────────────────────────────────
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 how it works: you (the licensee) provide a single point of
contact for shipping, technical support, upgrades, etc., and we (the
licensor) provide a "master" of the disks, manual, and any other parts
of the package. (You may purchase additional manuals and master
disks, if you like.) If, over time, you find you need to have more of
your users using the software than the site license provides for, you
can simply upgrade the license for the difference in cost.
The following chart gives a breakdown of the cost of site licensing
and how much you save per user. The larger the site license you buy,
the more you save.
Number License Fee Discount Discounted
of Users Payable Percentage Price per User
up to 10 $ 250 50% $ 25
11 to 25 $ 550 56% $ 22
26 to 50 $ 950 62% $ 19
51 to 75 $ 1275 66% $ 17
76 to 100 $ 1500 70% $ 15
Over 100 Please contact Korenthal Associates.
The following document is the complete site license agreement. To
order a site license, to convert your single-user license to a site
license, or to increase the size of your current site license, contact
us by phone, fax, or mail at:
Korenthal Associates, Inc.
511 Avenue of the Americas #400
New York, New York 10011
U.S.A.
Phone 1-212-242-1790
Fax 1-212-242-2599
Orders 1-800-KA-PROGS (1-800-527-7647)
CompuServe [76004,2605]
──────────────────────────────────────────────────────────────────────
SITE LICENSE AGREEMENT Page 1 of 6
──────────────────────────────────────────────────────────────────────
4 P R I N T a n d 4 B O O K 4 . 1
END USER SITE LICENSE AGREEMENT
Korenthal Associates, Inc.
Last Updated November 1992
──────────────────────────────────────────────────────────────────────
Korenthal Associates, Inc. (Licensor) grants to Licensee, and Licensee
accepts, a license to use the licensed program in accordance with the
terms and conditions contained in this agreement.
1.0 DEFINITIONS
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 (Korenthal Associates) 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 con-
tains Korenthal Associates' 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 by only one person at a site. If used on a net-
work system, every user that will be using the licensed program must
be counted in the size of the site license, whether or not he or she
runs the program at the same time as someone else. (For example, if
there are 100 users on your network and 25 of them will be using
4Print, you need a 25-user site license even if the 25 users are not
running the program concurrently.)
2.3 Licensee shall not use, copy, rent, lease, sell, modify,
decompile, disassemble, otherwise reverse engineer, or transfer the
──────────────────────────────────────────────────────────────────────
SITE LICENSE AGREEMENT Page 2 of 6
licensed program except as provided in this agreement. Any such
unauthorized use shall result in immediate and automatic termination
of this license.
3.0 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 Korenthal Associates in writing. This
license will also terminate as otherwise provided in this agreement.
On termination, Licensee shall return all materials not destroyed to
Korenthal Associates together with a written verification that the
remaining materials have been destroyed.
4.0 PAYMENT
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 source code for the
licensed program and all documentation related thereto constitute the
valuable properties and trade secrets of Korenthal Associates, 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 Korenthal Associates 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 Korenthal Associates 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 Korenthal Associates warrants that for a period of sixty
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. Korenthal Associates does not warrant
that the licensed program is free from coding errors. Any program
problems reported to Korenthal Associates during the warranty period
and determined by Korenthal Associates to be actual coding errors will
──────────────────────────────────────────────────────────────────────
SITE LICENSE AGREEMENT Page 3 of 6
be corrected by Korenthal Associates 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
Korenthal Associates 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 PURPOSE.
7.0 LIMITATION OF LIABILITY
7.1 The total liability of Korenthal Associates 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 Korenthal Associates 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 KORENTHAL
ASSOCIATES, 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 Korenthal Associates;
and
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 Korenthal Associates, which consent
will not be unreasonably withheld. Korenthal Associates 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 New
York 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
──────────────────────────────────────────────────────────────────────
SITE LICENSE AGREEMENT Page 4 of 6
Municipal or Superior Court in and for New York County, State of New
York, or in the United States District Court for the Southern District
of the State of New York.
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 soft-
ware, 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 represen-
tative 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 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.
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 Time is of the essence of this agreement.
9.9 This agreement may be signed in counterparts.
──────────────────────────────────────────────────────────────────────
SITE LICENSE AGREEMENT Page 5 of 6
EXHIBIT 1
Licensed Program
4Print 4.1
NUMBER OF LICENSE FEE PAYABLE
USERS DOS Version DOS/Windows Version
5 to 10 $ 250 $ 350
11 to 25 $ 550 $ 770
26 to 50 $ 950 $1330
51 to 75 $1275 $1785
76 to 100 $1500 $2100
Over 100 Please contact Korenthal Associates.
The above prices include one copy of the 4Print package. Licensee
may make additional copies, up to the number of copies licensed.
Korenthal Associates can supply multiple copies of the distribution
disks at an additional cost of $5.00 per copy plus shipping and
handling costs. Korenthal Associates can supply multiple copies of
the typeset manual at an additional cost of $8.00 per copy plus
shipping and handling costs.
──────────────────────────────────────────────────────────────────────
SITE LICENSE AGREEMENT Page 6 of 6
