LICENSING FOR LIST Effective 8/06/90 LIST is not a public domain program. Copies of LIST for personal use are free, but if you find LIST of value, you are encouraged to make a gift ($20 suggested) and become a LIST supporter. You may also register your copy of LIST Plus for $30 and receive a disk and manual along with notification of future versions. A license is required for use of LIST by corporations and institutions, and for its commercial distribution. Technical support is available to LIST supporters and licensees through the VOR bulletin board system at (707) 778-8944 and (415) 994-2944 at no charge. This information also applies to my ARChive, SORTF, QDR, FBR and to any of my other programs that may be of interest to you. You may obtain a license for the use of LIST by writing or phoning. The license is for perpetual, non-exclusive use of the current or a previous version. Purchase orders and invoicing are acceptable. A license agreement form is enclosed, but is not required by me. You may use it, or supply your own for my 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 (see the commercial distribution schedule); o licensing for multiple sites; 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. LIST Ver 7 Other Programs Number of users(copies) Price per copy Price per copy 1 $ 30 $ 15 2 to 10 25 15 One disk and manual 11 to 25 24 14 26 to 50 23 13 51 to 75 22 12 76 to 100 21 11 101 to 125 20 10 Unlimited at one site $2500 $1500 Additional sites 1250 750 unlimited at each site Regardless of the quantity, only one set of materials will be sent to you. You may then make as many copies of LIST as are licensed. Licensed users of LIST will receive notification of future upgrades. Additional LIST manuals are available for $5 per copy. TERMS: Orders of $50 or less must be prepaid. Orders over $50 - NET 30. Vernon D. Buerg, 139 White Oak Circle, Petaluma CA 94952, (707) 778-1811 AGREEMENT NON-EXCLUSIVE END USER SOFTWARE LICENSE This Agreement is entered into this _____ day of _______, 19___, by and between Vernon D. Buerg, an individual, 139 White Oak Circle, Petaluma, CA 94952, hereinafter referred to as Vendor, and ________________________________________, located at ____________________________________________________________________ hereinafter referred to as Company, agree as follows: 1.0 LICENSE TO USER VENDOR'S PROGRAM 1.1 Vendor, for the consideration named, hereby grants to Company and its corporate affiliates, a non-exclusive license to use the computer program called _______________ ("Software"). 1.2 Company shall pay vendor a one-time fee of ___________________ Dollars ($___________) 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 verion 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. 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 and second years 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 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. Vernon D. Buerg, individual Accepted by: SS No. 572-70-3535 Name _________________________________ By _______________________________ By _________________________________ Title _______________________________ Title _________________________________ Date _______________________________ Date _________________________________