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- FOR RELEASE ON AUGUST 1, 1988
-
-
- From: System Enhancement Associates, Inc. (SEA)
- and
- PKWARE, Inc. and Phillip W. Katz (PK)
-
-
- August 1, 1988 - Milwaukee, WI
-
- In the first known "Shareware" litigation, pending in
- the local United States District Court, the parties System En-
- hancement Associates, Inc. (Plaintiff - SEA) and PKWARE, Inc.
- / Phillip W. Katz (Defendants - PK), after reaching agreement,
- consented to the entry of the attached Judgment for Plaintiff
- on Consent. That Judgment was entered by Judge Myron L.
- Gordon, effective on August 1, 1988.
-
- Part of the agreement reached by the parties included
- a Confidential Cross-License Agreement under which SEA licensed
- PK for all the ARC compatible programs published by PK during
- the period beginning with the first release of PKXARC in late
- 1985 through July 31, 1988 in return for the payment of an
- agreed upon sum which was not disclosed. Additionally, PK was
- licensed, for an agreed upon royalty payment, to distribute its
- existing versions of PK's ARC compatible programs until January
- 31, 1989, after which PK is not licensed and agreed not to pub-
- lish or distribute any ARC compatible programs or utilities that
- process ARC compatible files. In exchange, PK licensed SEA to
- use its source code for PK's ARC compatible programs.
-
- PK agreed to cease any use of SEA's trademark "ARC"
- and to change the names or marks used with PK's programs to
- non-confusing designations.
-
- The Judgment provided for the standard copyright,
- trademark and unfair competition injunctive relief for SEA a-
- gainst PK, as well as damages and litigation expenses to be paid
- by PK to SEA.
-
- Both parties agreed to refrain from any comment
- concerning the settlement of the disputes, other than the text
- of this press release. Also, the parties instructed all of their
- representatives to refrain from any such activity.
-
- Any other details of the Cross-License Agreement
- were agreed to be maintained in confidence and under seal of
- the Court.
-
- In reaching the agreement to dispose of the pending
- litigation and to settle the disputes that are covered thereby,
- PK did not admit any fault or wrongdoing.
- ə