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- 4PRINT 4.1 SITE LICENSE INFORMATION
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- Last Updated August 1991
- Korenthal Associates, Inc.
- ──────────────────────────────────────────────
-
-
- 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
- "master" of the disks, manual, and any other parts of the package.
-
- The following chart gives a breakdown of the cost of site licensing
- and how much you save per user. For example, if you purchase a site
- license for 25 users, your cost will be $550.00, which saves you
- $698.75 off the cost of 25 separate purchases. 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 license agreement. Simply
- print it, fill it out, sign under LICENSEE, enclose a check or money
- order (or credit card information), and mail it to the address below.
- Site licenses can also be ordered by phone or fax, or by P.O.'s.
-
-
- Korenthal Associates, Inc. Order line: 1-800-KA-PROGS
- 230 West 13th Street Information: 1-212-242-1790
- New York, New York 10011 Fax: 1-212-242-2599
- U.S.A. CompuServe: [76004,2605]
-
- ────────────────────
- *Discount reflects savings over buying individual packages when
- applied to the maximum number of users allowed for each site license.
-
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- Site License Information Page 1 of 8
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- 4Print 4.1 SITELIC.DOC
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- Upon receipt of the completed, signed form, and payment for the
- correct amount, we will send you the required master disks and
- manuals, 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 users, please call our offices at 1-212-242-1790.
- Thank you!
-
- All of the following pages are part of the actual site license
- agreement:
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- Site License Information Page 2 of 8
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- Korenthal Associates, Inc. 4Print 4.1
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- END USER SITE LICENSE AGREEMENT
- ─────────────────────────────────
-
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- 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.
-
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- 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 contains 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 on only one computer at any one time. If used on
- a network system, each user is considered to be using a distinct copy
- of the licensed program whether or not he is actually using it.
-
- 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
-
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- Site License Agreement Page 1 of 6
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- Korenthal Associates, Inc. 4Print 4.1
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- unauthorized use shall result in immediate and automatic termination
- of this license.
-
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- 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.
-
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- 4.0 PAYMENT
-
- 4.1 The fee for this license is set forth in Exhibit 1, payable
- as set forth.
-
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- 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.
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- Site License Agreement Page 2 of 6
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- Korenthal Associates, Inc. 4Print 4.1
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- 6.0 LIMITED WARRANTY
-
- 6.1 Korenthal Associates 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. 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
- 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.
-
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- 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.
-
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- 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
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- 8.2 Licensee's normal business operations are disrupted or
-
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- Site License Agreement Page 3 of 6
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- Korenthal Associates, Inc. 4Print 4.1
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- discontinued for more than thirty days by reason of insolvency,
- bankruptcy, receivership, or business termination.
-
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- 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
- 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
- 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.
-
- 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
-
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- Site License Agreement Page 4 of 6
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- Korenthal Associates, Inc. 4Print 4.1
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- 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.
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- 9.9 This agreement may be signed in counterparts.
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- Site License Agreement Page 5 of 6
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- Korenthal Associates, Inc. 4Print 4.1
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- Effective this ________ day of ________________________, 19_____.
-
- LICENSEE LICENSOR
-
- _______________________________ _______________________________
- Authorized Representative Authorized Representative
-
- Typed name_____________________ Typed name_____________________
-
- Title__________________________ Title__________________________
-
- Address________________________ Address________________________
-
- _______________________________ Korenthal Associates, Inc.
-
- _______________________________ 230 West 13th Street
-
- _______________________________ New York, New York 10011
-
-
- EXHIBIT 1
-
- Licensed Program
-
- 4Print Version 4.1
-
- NUMBER OF LICENSE FEE PAYABLE
- USERS DOS Version 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 retail 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.
-
-
- ────────────────────
- *Windows version consists of 4Print 4.1 with 4Shell.
-
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- Site License Agreement Page 6 of 6
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-