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LICENSE
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1992-04-03
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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 _________________________________