APPENDIX III

Material in this appendix was obtained from the Software Publishers Association, 1730 M Street,NW, Suite 700, Washington, DC 20036 and is included in this manual with their permission.

DEFINING SOFTWARE LICENSE AGREEMENTS

The following pages contain examples of software license agreements. These give the purchaser specific rights with regard to the use of a manufacturers copyrighted software.

SAMPLE INDIVIDUAL LICENSE

Intuit uses the following language for its QuickBooks product:

Copy and Use Restrictions
 
Although you are encouraged to make a backup copy of the Software for your own use, you are not allowed to make unlimited copies. The Software is protected by copyright law that pertain to computer software. It is illegal to make copies of the Software except for backups. It is illegal to give copies to another person, or to duplicate the Software by any other means, including electronic transmission. The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the software to human-perceivable form. You may not modify, adapt, translate, rent, lease or create derivative works based upon the Software or any part thereof.
 
(From Intuit's "QuickBooks")

Notice that Intuit prohibits electronic transmission of this software, and includes language prohibiting modification of the application.

Central Point Software uses the following language:

Central Point Software grants to you the end user the right to copy the enclosed SOFTWARE onto a single computer and the right for you and others to use that copy of the SOFTWARE on that single computer. You may copy the software onto multiple computers (office, home, lap-top) provided that only one copy of the SOFTWARE is used at any time and such use is by you.
 
Where the SOFTWARE is copied onto multiple computers, or is used on a network or file server, you must purchase a number of copies of the SOFTWARE equal to the number of users who will use the SOFTWARE.
 
(From Central Point's "PC Tools")

Notice that Central Point allows you to make copies of this software for remote use.

Lotus uses the following language in its single-user license:

Lotus Software Agreement
 
If you do not agree with these terms and conditions, do not install the software and return this entire package within 30 days of your purchase for a full refund.
 
USE
 
You (an entity or a person) may use one copy of the software products identified above ("Software") on a single computer. You may use the Software on a network provided you have purchased Software equal to the maximum number of copies in use at one time. The Software is "in use" on a computer when it is resident in memory (i.e. RAM) or installed (executable and other files) on the hard disk or other storage device. Software installed on a server for distribution purposes only is not considered "in use."
 
If the Software is stored on a computer other than a network server, then the primary user may also use the Software on his/her home and/or laptop computer, provided the Software is used on only one computer at a time.
You may make one (1) archival copy of the Software.
 
(From Lotus' "Freelance Graphics")

Notice that Lotus provides very specific definitions for "in use."

PC Dynamics includes the following individual license with its Energizer Bunny Screen Saver program. Screen saver programs are typically licensed to a single computer.

Software License Agreement
 
PC Dynamics, Inc., provides this program and licenses its use under the terms and conditions stated herein. You assume responsibility for the selection of the program to achieve your intended results, and for the installation, use and results obtained from the program.
 
This agreement gives you the right to:
a.use the program on a single machine;
b.copy the program into any machine-readable or printed form for backup or modification purposes in keeping with your use of the program on the single machine;
c.modify the program and/or merge it into another program for your use on the single machine (any portion of this program merged into another program will continue to be subject to the terms and conditions of this Agreement); and,
d.transfer the program and license to another party if the other party agrees to accept the terms and conditions of this Agreement. If you transfer the program, you must at the same time either transfer all copies whether in printed or machine-readable form to the same party or destroy any copies not transferred; this includes all modifications and portions of the program contained or merged into other programs.
 
You may not use, copy, modify, or transfer the program, or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this license. If you transfer possession of any copy, modification or merged portion of the program to another party your license is automatically terminated.
 
(From PC Dynamics' "Energizer Bunny Screen Saver")

Notice that PC Dynamics specifies the terms of transfer of the software.

SAMPLE CONCURRENT LICENSE

Borland International uses the following language for its concurrent license.

No-Nonsense License Statement
 
This software is protected by both United States copyright law and international copyright treaty provisions. Therefore, you must treat this software just like a book, except that you may copy it onto a computer to be used and you may make archival copies of the software for the sole purpose of backing-up our software and protecting your investment from loss.
 
By saying "just like a book," Borland means, for example, that this software may be used by any number of people, and may be freely moved from one computer location to another, so long as there is no possibility of it being used at one location while it's being used at another or on a computer network by more than one user at one location. Just like a book can't be read by two different people in two different places at the same time, neither can the software be used by two different people in two different places at the same time. (Unless, of course, Borland's copyright has been violated or the use is on a computer network by up to the number of users authorized by additional Borland licenses as explained below.)
 
LAN Pack Multiple-Use Network License
 
If this is a LAN Pack package, it allows you to increase the number of authorized users of your copy of the software on a single computer network by up to the number of users specified in the LAN Pack package (per LAN Pack -- see LAN Pack serial number).
 
Use on a Network
 
A "computer network" is any electronically linked configuration in which two or more users have common access to software or data. If more than one user wishes to use the software on a computer network at the same time, then you may add authorized users either by (a) paying for a separate software package for each additional user you wish to add or (b) if a LAN Pack is available for this product, paying for the multiple-use license available in the LAN Pack. You may use any combination of regular software packages or LAN Packs to increase the number of authorized users on a computer network. (In no event may the total number of concurrent users on a network exceed one for each software package plus the number of authorized users installed from the LAN Pack(s) that you have purchased. Otherwise, you are not using the software "just like a book.") The multiple-use network license for the LAN Pack may only be used to increase the number of concurrent permitted users of the software logged onto the network, and not to download copies of the software for local workstation use without being logged onto the network. You must purchase an individual copy of the software for each workstation at which you wish to use the software without being logged onto the network.
 
Further Explanation of Copyright Law Provisions and the Scope of This License Statement
 
You may not download or transmit the software electronically (either by direct connection or telecommunication transmission) from one computer to another, except as may be specifically allowed in using the software on a computer network. You may transfer all of your rights to use the software to another person, provided that you transfer to that person (or destroy) all of the software, diskettes and documentation provided in this package, together with all copies, tangible or intangible, including copies in RAM or installed on a disk, as well as all back-up copies. Remember, once you transfer the software, it may only be used at the single location to which it is transferred and, of course, only in accordance with copyright law and international treaty provisions. Except as stated in this paragraph, you may not otherwise transfer, rent, lease, sub-license, time-share, or lend the software, diskettes, or documentation. Your use of the software is limited to acts that are essential steps in the use of the software on your computer or computer network as described in the documentation. You may not otherwise modify, alter, adapt, merge, decompile or reverse-engineer the software, and you may not remove or obscure Borland copyright or trademark notices.
 
(From Borland's "Paradox for Windows")

Notice that Borland uses a "just like a book" explanation for its concurrent-use license. As Borland explains it, the software should be "treated like a book," i.e., no more than one person can use a book (or its software) at one time.

Microsoft uses the following language for its Office Professional for Windows product:

Microsoft License Agreement
 
This is a legal agreement between you (either an individual or an entity) and Microsoft Corporation. By opening the sealed software packages and/or by using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including printed materials and binders or other containers) to the place you obtained them for a full refund.
 
This License Agreement is your proof of license. Please treat it as valuable property.
 
1. Grant of License. This Microsoft License Agreement ("License") permits you to use one copy of the specified version of the Microsoft software product identified above, which may include user documentation provided in "on-line" or electronic form ("Software").If this package is a License Pack, you may make and use additional copies of the Software up to the number of Licensed Copies authorized above. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer or by more than one user at any time. If you have multiple Licenses for the Software, then at any time you may have as many copies of the Software in use as you have Licenses. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use." If the anticipated number of users of the Software will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to ensure that the number of persons using the Software concurrently does not exceed the number of Licenses. If the Software is permanently installed on the hard disk or other storage device of a computer (other than the network server) and one person uses that computer more than 80% of the time it is in use, then that person may also use the Software on a portable or home computer.
 
2. Upgrades. If the Software is an upgrade from another product, whether from Microsoft or another supplier, you may use or transfer the Software only in conjunction with the upgraded product, unless you destroy it. If the Software is an upgrade from a Microsoft product, you now may use that upgraded product only in accordance with this License.
 
3. Copyright. The Software (including any images, "applets," photographs, animations, video, audio, music and text incorporated into the Software) is owned by Microsoft or its suppliers and is protected by United States copyright law and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software, nor print copies of any user documentation provided in "on-line" or electronic form.
 
4. Other Restrictions. This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this License on a permanent basis provided you transfer this License, the Software, and all accompanying printed materials, retain no copies, and the recipient agrees to the terms of this License. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law.
 
5. Dual Media Software. You may receive the Software in more than one media. Regardless of the type or size of media you receive, you may use only the media appropriate for your single designated computer or network server. You may not use the media on any other computer or computer network, or loan, rent, lease or transfer them to another user except as part of a permanent transfer (as provided above) or other use expressly permitted by this License.
 
(From Microsoft's "Office Professional for Windows, Version 4.0")

Notice that Microsoft includes specific language about upgrades. Also the issues of dual media software, software metering, and copying technical documentation are addressed.

SAMPLE NETWORK LICENSE

McAfee uses the following license agreement for a network application:

License Agreement
 
Before opening the diskette package, carefully read the following terms and conditions. Opening this diskette package indicates your acceptance of these terms and conditions. If you do not agree with them, promptly return the package unopened for a full refund of your money.
 
McAfee provides this Software and licenses its use. You assume responsibility for the selection of this Software to achieve your intended results, as well as for the installation, use and results obtained from this Software.
 
Definitions
 
A Network is defined as a single physical interconnection of personal computers within one (1) building that does not include phone, RS-232, or other point-to-point connections generally considered external bridges or gateways.
 
License
 
You may:
a. Use the Software on one (1) File Server having a maximum of one hundred (100)users if you have purchased the 100 user version or a maximum of two hundred and fifty (250) users if you have purchased the 250 user version;
 
b.Copy the Software into any machine-readable or printed form for backup or modification purposes in support of your use of the program;
 
c. Modify the Software and/or merge it into other software for your use (Any portion of his Software merged in other software will continue to be subject to the terms and conditions of this Agreement).
 
You must reproduce and include the copyright notice on any copy, modification or merged portion, in whole or in part, except as expressly provided for in this license. If you transfer possession of any copy, modification or merged portion of the Software to another party, your license is transferred to the new party
 
Terms
 
The license is effective until terminated. You may terminate at any point by destroying the original Software together and all of the copies, modifications and merged portions in any form. Also, McAfee has the option to terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement.
 
Upon such termination, you agree to destroy the Software and all copies, modifications, and merged portions in any form.
 
(From McAfee's "SiteMeter")

Notice that McAfee clearly states its definition of a network.

SAMPLE SITE LICENSE AGREEMENT

A site license is often negotiated on an individual basis between the software vendor and the organization making the purchase. The following partial contract is an example of the way a Site License Agreement might be structured, and the types of provisions that might be included in such an agreement. It is not intended to be used as a form, however, since structure and content of each contract must be tailored to meet the needs of the situation in which it is to be used, and the law of the jurisdiction that will govern the transaction.

Site License Agreement
 
This agreement is made and entered into on [date] by and between [company], a corporation located at [address], hereafter referred to as "Vendor," and [company], a corporation located at [address], hereafter referred to as "Licensee."
 
Background
 
A. Vendor is the developer and owner of the computer software product described in Exhibit A ("Licensed Software").
 
B. Licensee desires to obtain a license to copy, install, and use the Licensed Software on multiple computers located at the Site specified in Exhibit A.
 
Now, therefore, the parties hereby agree as follows:
 
I. Grant of Rights.
 
a. License to Use Software. Vendor grants licensee a non-exclusive, non-transferable, license to install and use the software identified in Exhibit A ("Licensed Software"), in executable form only, on up to [_____] workstations located at the site specified in Exhibit A ("Site"), and to use the associated written documentation provided by Vendor ("Documentation").
 
(Alt.) License to Use Software. Vendor grants licensee a non-exclusive, non-transferable, license to install and use the software identified in Exhibit A ("Licensed Software"), in executable form only, on all computer systems now or in the future owned or leased by Licensee and located at the site specified in Exhibit A ("Site"), and to use the associated written documentation provided by Vendor ("Documentation").
 
b. Right to Copy Software. Licensee may copy the Licensed Software to the extent necessary to exercise the foregoing license, and for backup and archival purposes. Licensee shall reproduce Vendor's copyright notices and other proprietary notices on all copies of the Licensed Software, and all copies shall be subject to all terms, conditions and obligations of this Agreement.
 
c. Right to Copy Documentation. Licensee may copy the Documentation to the extent necessary to exercise the foregoing license. Licensee shall reproduce Vendor's copyright notices and other proprietary notices on all copies of the Documentation, and all copies shall be subject to all terms, conditions and obligations of this Agreement.
 
(Alt.) Neither Licensee nor any person using the Licensed Software pursuant to this license shall have any right to copy or reproduce in any manner the Documentation. Upon request, Vendor will provide additional copies of Documentation to Licensee for use in connection with and under this license, at Vendor's then-current list price for such Documentation.
 
d. Restrictions on Use. The foregoing rights to copy, install, and use the Licensed Software shall be subject to the following restrictions:
 
1. Licensee may not copy or allow copies of the Licensed Software to be made, except as specifically allowed under this Agreement;
 
2. Licensee shall not use the Licensed Software in, or allow others to use the Licensed Software in a network, multiple CPU or multiple-user arrangement, except within the confines of the Site;
 
3. Licensee shall not resell, lease, sublicense or distribute the Licensed Software to any person, firm or entity and;
 
4. Licensee shall not modify or alter the Licensed Software or Documentation in any manner.
 
(Sample license provided by the Software Publishers Association)

FONTS

Adobe uses the following language for its Type Library font package:
 
Typeface End User License Agreement
 
NOTICE TO USER:
 
THIS IS A CONTRACT. BY OPENING THIS PACKAGE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of the Agreement, return this media envelope, UNOPENED, along with the rest of the package, to Adobe Systems Incorporated ("Adobe") or the location where you obtained it.

This package contains metric information, digitally-encoded machine-readable outline font programs (the "Outline Font"), related documentation and either bitmap screen font data (the "Bitmap Fonts") or Font Foundry(TM), a software program which generates Bitmap Fonts from the enclosed Outline Fonts. The Bitmap Fonts, Outline Fonts, Font Foundry, and any Bitmap Fonts generated from the Font Foundry are collectively referred to as "the Software." The term "Software" shall also include any upgrades, modified versions and copies of the Software licensed to you by Adobe. The printed material included with the Software is referred to as the "Documentation." Adobe grants to you a non-exclusive license to use the Software and the Documentation provided you agree to the following:

1. Use of the Software. You agree that you will use the Outline and Bitmap Fonts to reproduce and display typefaces solely for your own customary business of personal purposes on a single printer, typesetter, film recorder or other output device which either contains a PostScript(TM) language interpreter or is attached to a central processing unit which utilizes the Adobe Type Manager(TM) software, SuperATM(TM) software or the Display PostScript(TM) system. This means that the Outline and Bitmap Fonts can be used by any number of people with central processing units connected to that single output device as long as they use the Outline and Bitmap Fonts on only that single output device. If you need to use the Outline and Bitmap Fonts on more than one output device, you need to upgrade to a multi-system license. You may also use the Bitmap fonts on any number of screens with a resolution of 120 dots per inch ("dpi") or less and on your single output device. If your software package contains Font Foundry, you may not generate Bitmap Fonts with a resolution of greater than 120 dpi for use on screens or 300 dpi for use on your LaserJet® or compatible printer and any Bitmap Fonts you generate are subject to the terms of this Agreement, including restrictions and transfers.
 
2. Copyright. The Software is owned by Adobe and its suppliers, and its structure, organization, and code are the valuable trade secrets of Adobe and its supplier. The Software is also protected by the United States Copyright Law and International Treaty provisions. Therefore you must treat the Software just as you would any other copyrighted material such as a book. In other words, you may not copy the Software or the Documentation except that you may make one backup copy of the Software. You may not install your backup copy on any machine if your primary copy is installed. Of course, you may copy the Software onto one or more computers as permitted in the "Use of the Software" section, in which case the original copy enclosed with this package should serve as your backup copy. Also, you must make sure that any copies that you are permitted to make pursuant to this Agreement contain the same copyright and other proprietary notices which appear on or in the Software. Any Bitmap Fonts generated from Font Foundry must contain the same proprietary notices as the Outline Fonts from which they are generated. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any rights to intellectual property rights in the Software.
 
3. Transfer. You may not rent, lease, sublicense, or lend the Software or Documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement and transfer (or destroy), the Software including all copies, updates and prior versions, and all documentation to such person or entity and provided that you retain no copies, including copies stored on a computer.
 
4. Dual Media Software. If this package contains both 3.5" and 5.25" disks, then you may only install the disks appropriate for a single computer. You may not install the other disks on another computer or loan, rent, lease or transfer them except as part of the permanent transfer of all Software and Documentation as described above.
 
5. Limited Warranty. Adobe warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Adobe's option, the replacement of the Software or the refund of the license fee you paid for the Software. ADOBE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADOBE MAKES NO WARRANTIES EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
 
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. For further warranty information, please contact Adobe's Customer Support Department.
 
6. Governing Law and General Provisions. This Agreement will be governed by the law in force in the State of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export law, restrictions or regulations. This Agreement may only be modified in writing signed by an authorized officer of Adobe.
 
Notice to Government End Users: If this product is acquired under the terms of a: GSA contract: Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. DoD contract: Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013. Civilian agency contract: Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement. Unpublished-rights reserved under the copyright law of the United States.
(from Adobe's "Type Library")
 
Notice that Adobe addresses dual media software and transfer rights.

SHAREWARE

The following is a typical example of a Shareware agreement:

License Agreement
 
You should carefully read the following terms and conditions before using this software.
 
Shareware Version
 
You are hereby licensed to: use the Shareware Version of the software for a 21 day evaluation period; make as many copies of the Shareware version of this software and documentation as you wish; give exact copies of the original Shareware version to anyone; and distribute the Shareware version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission, with one exception: Disk Vendors approved by the Association of Shareware Professionals are permitted to redistribute WinZip, subject to the conditions in this license, without specific written permission.
Unregistered use of WinZip after the 21-day evaluation period is in violation of federal copyright law.
 
Evaluation and Registration
 
This is not free software. This license allows you to use this software for evaluation purposes without charge for a period of 21 days. If you use this software after the 21 day evaluation period a registration fee of $29 is required. Payments must be in US dollars drawn on a US bank, and should be sent to Nico Mak, PO Box 919, Bristol, CT 06011- 0919. Credit card ordering and quantity discounts are available, as described in the section Ordering Information/Order Form. When payment is received you will be sent a registered copy of the latest version of WinZip.
 
One registered copy of WinZip may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both.
You may access the registered version of WinZip through a network, provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network.
 
Governing Law
 
This agreement shall be governed by the law of the State of Connecticut.
 
Disclaimer of Warranty
 
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. In particular, there is no warranty for the optional virus scanning feature(WinZip does not scan for viruses, it simply runs external programs that claim to perform this function). Because of the various hardware and software environments into which WinZip may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

(From Nico Mak Computing's "WinZip" version 5.0a)
 
Notice that Nico Mak allows Win Zip to be loaded on to multiple computers if it is designated for use by a single person, or if it is loaded on a single workstation, it may be used by multiple people.
 
As you can see from these excerpts, publishers have their own way of communicating the way their software can be used.

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