128 lines
6 KiB
Text
128 lines
6 KiB
Text
Computer Software License Agreement
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Flagship Industries, Inc.
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P.O. Box 198
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Maryville, Illinois 62062
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This is a computer software license agreement entered into
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between Flagship Industries, Inc. ("Flagship") and
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________________________________ ("User") for the use of Ventrilo
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2.0 Software, an internet-based communication software. Flagship
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hereby grants to the User a non-exclusive license to use the
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software in accordance with the terms of this agreement. As
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consideration for said license, the User agrees as follows:
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1. Reservation of rights. All rights not expressly granted to
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the User by this License Agreement are reserved by Flagship.
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2. Disassembly. The User understands and agrees that it shall
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not copy the program into any machine-readable or printed form,
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except for archival or for back-up purposed in accordance with
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the terms of this Agreement. The User will not reverse engineer,
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decompile, disassemble, translate, merge into another computer
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program or otherwise modify the software.
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3. Transfer of software. The User will not sublicense, assign,
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or transfer the license, the software, or any rights under this
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Agreement without the prior written consent of Flagship.
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4. Non-disclosure. The User, its employees and agents will
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hold the software in trust and confidence and shall not disclose
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the source code or other confidential information received
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through use of the software.
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5. Fees. A corporation or home user may use the software to
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host its own server, without a fee, provided it does not charge
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for its use directly or indirectly. Any home server, business,
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or corporation that charges for use of its server, directly or
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indirectly, shall be subject to licensing fees. Inclusion of a
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Ventrilo server as part of any rental or membership package shall
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be subject to a licensing fee which is calculated for servers
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which are configured to handle a maximum number of clients at any
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one time ("Maxclients") as US$0.10 multiplied by the number of
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servers multiplied by the number of Maxclients per server
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utilizing the Ventrilo software.
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As of the date of signing this Agreement User has _____ servers
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each configured for _____________ Maxclients, resulting in an
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initial licensing fee of US$__________________. User shall
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immediately report to Flagship any change in the number of
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servers or Maxclients in its system and its MONTHLY fee shall be
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adjusted accordingly at the beginning of the next month.
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6. Updates and new versions. In the event that updates or new
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versions of the software are developed, Licensor may at its
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discretion, make updates and new versions available to the User
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upon payment of a fee. Flagship may require the return of the
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original software to Flagship, or require that the User
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discontinue use of older versions of the software. If software
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is updated and made available to the User, the User may use the
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update only in accordance with the terms and conditions of this
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Agreement.
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7. This Agreement is effective upon opening of the software
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package, or its initial use if downloaded, and shall continue,
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unless terminated earlier in accordance with the terms herein.
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The User may terminate this Agreement at any time by returning
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the software and all copies and extracts therefrom to Flagship.
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8. Limited Warranty; Limitation of liability. Flagship
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warrants only that the software shall perform substantially in
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accordance with accompanying documentation under normal use for
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the period the license is valid. The entire and exclusive
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liability and remedy for breach of this Limited Warranty shall
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be, at Flagship's discretion, either (1) refund the used portion
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of any prepaid fee after notifying Flagship of a material defect
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or (2) electronically update defective software with corrected
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software to eliminate a defect. The User shall assume
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responsibility for the selection of the software and for the
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installation, use, and results obtained from the software. The
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entire risk as to the quality and performance of the software is
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borne by the User.
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FLAGSHIP EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, NON-
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INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
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PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF
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THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR
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THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF
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PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE
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LIMITED WARRANTY.
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No action for the above Limited Warranty may be commenced after
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one (1) year following the expiration date of the warranty. IF
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IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAY,
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THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY
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(90) DAYS FROM THE DATE THE SOFTWARE IN QUESTION WAS FIRST
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SUPPLIED TO CUSTOMER. If a limitation is not allowed, the above
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limitation may not apply to the User.
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9. Jurisdiction and Venue. This Agreement and the terms herein
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shall be governed by the laws of the state of Illinois. All
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disputes hereunder shall be resolved in Madison County, Illinois.
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10. Miscellaneous. This Agreement constitutes the entire
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understanding of the parties, and merges all prior
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communications, representations, and agreements. This Agreement
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may be modified only by a written agreement signed by both
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parties. If any provision of this Agreement is held invalid or
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unenforceable for any reason, such invalidity of unenforceability
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shall not affect any of the remaining provisions of this
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Agreement.
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Agreed this _____ day of __________________, 20____.
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FLAGSHIP INDUSTRIES, INC. USER
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By: __________________________ By:__________________________
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Brian Knapp, President
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__________________________
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(Print Name)
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__________________________
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(Address)
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__________________________
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