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LICENSE
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Buerg Software
139 White Oak Circle
Petaluma, CA 94952
Voice: 707.778.1811
FAX: 707.778-8728
______________________________
LICENSING INFORMATION FOR
BUERG UTILITIES
Including LIST Enhanced and LIST Plus and other programs
Effective 9-9-99
Thank you for your interest in the Buerg Utilities. You are required to
license one copy of the software for each computer on which it is used; the
fee for a license depends on the total number of copies you will use at one
site. Licenses are for perpetual, non-exclusive use of the current or a
previous version of the program. Upgrades are free upon request, for 90
days to licensed users of LIST; a nominal shipping and handling fee will be
charged. Upgrade information will be available on our website at
http://www.buerg.com. Regardless of the quantity licensed, only one set of
materials will be furnished; additional manuals may be purchased at the
prices shown on the enclosed price list. Additional manuals will require
additional shipping charges. Customization of messages and documentation
may be done at a fee of $200 per hour, with a two-hour minimum charge (call
with requests).
To determine the license fee, apply the total number of computers to the
worksheet below.
For Local Area Networks, one copy must be licensed for each computer on the
network.
TERMS: We accept VISA, MasterCard, Discover, and American Express.
We will also accept corporate and government purchase orders with prior
authorization.
Buerg Software
(707) 778-1811
Fax: (707) 778-8728
http://www.buerg.com
______________________________
PRICE LIST / WORKSHEET
ID Product Description Unit Cost ($US) Qty Ext. Total
1 LIST Enhanced, Single User License $ 99.00
2 LIST Enhanced, Single User Upgrade from LIST Plus 59.00
3 LIST Enhanced, Single User Upgrade from LIST Enhanced 49.00
4 LIST Enhanced, Five-User License (NO SERVER) 445.00
5 LIST Enhanced, Ten-User License (NO SERVER) 795.00
6 LIST Enhanced, 20-User License (NO SERVER) 1,395.00
7 LIST Enhanced, SERVER License with 20 Users 1,995.00
8 LIST Enhanced, SERVER License with 50 Users 2,995.00
9 LIST Enhanced, SERVER License with 100 Users 4,995.00
10 LIST Enhanced, SERVER License, Unlimited Users One Site 15,000.00
11 LIST Enhanced, SERVER License, Additional Unlimited 5,000.00
Sites (each)
12 LIST Plus, Single User License 37.00
13 LIST Plus, Single User Upgrade 20.00
14 LIST Plus, Ten-User License (NO SERVER) 350.00
15 LIST Plus, 25-User License (NO SERVER) 875.00
16 LIST Plus, SERVER License with 25 Users 1,495.00
17 LIST Plus, SERVER License with 50 Users 1,750.00
18 LIST Plus, SERVER License with 100 Users 3,300.00
19 LIST Plus, SERVER License, Unlimited Users One Site 5,000.00
20 LIST Plus, SERVER License, Additional Unlimited Sites 1,500.00
(each)
LIST LICENSING TOTAL COST: _________
21 Additional Manuals - LIST Enhanced (each) 10.00
22 Additional Manuals - LIST Plus (each) 5.00
ADDITIONAL MANUALS TOTAL COST: _________
LICENSE AND MANUALS SUBTOTAL: _________
23 SALES TAX - California residents add 8.25% sales tax
TOTAL SALES TAX (.085 x subtotal): _________
24 SHIPPING - Inside US 9.00
25 SHIPPING - Outside US 24.00
SHIPPING SUBTOTAL: _________
GRAND TOTAL: _________
______________________________
AGREEMENT
NON-EXCLUSIVE END USER SOFTWARE LICENSE
This Agreement is entered into this _______ day of ________________, 199___,
by and between Buerg Software, 139 White Oak Circle, Petaluma, CA 94952,
hereinafter referred to as Vendor, and __________________________________,
located at ______________________________, hereinafter referred to as
Company, who agree as follows:
1.0 LICENSE TO USE 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 computer program
called LIST ("Software").
1.2 Company shall pay vendor a one-time fee of __________________________
(U.S.)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: ___________________________________.". The Company shall have
the right to copy, modify, duplicate, distribute, and use the Software and any
software derived from any source materials on (number of) _________ personal
computers for the internal business purposes of the Company at (number of)
_____________ location(s) where personal computers may be used by 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.
1.6 In the event Vendor stops supporting Software, Vendor will provide to
Company the Software (source and documentation) for Company's internal use.
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.
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.
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 Following the execution of this Agreement, Buerg Software agrees to make
available to the Company upgrades to new product releases at the then-current
price with a credit for fees paid under this Agreement in accordance with the
following schedules: One hundred percent (100%) within ninety (90) days,
seventy-five percent (75%) within six (6) months, fifty percent (50%) within
one year, and twenty-five percent (25%) within two years. At the end of two
years, no credit will be given. Minor version updates will be supplied free of
charge, upon request, for the first year of the license term.
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.
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 California, 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.
Accepted by: Accepted by:
BUERG SOFTWARE COMPANY
Name ___________________________________ Name _________________________________
Signed _________________________________ Signed _______________________________
Title __________________________________ Title ________________________________
Date ___________________________________ Date _________________________________
______________________________