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| | telnet 2000 License and Maintenance Agreement
- telnet software inc. (tsi) supplies telnet 2000 (the program) exclusively
under tsi's published terms and conditions only. No alternative terms and/or
conditions presented by the customer (you), by whatever means, will be binding on
tsi unless specifically accepted in writing by a duly authorized officer of tsi.
No claimed verbal modifications will be accepted, under any circumstances.
Should tsi choose to quote a (customer) purchase order number on tsi's invoice,
doing so does NOT constitute any acceptance of terms or conditions of such
purchase order which may be in addition to or in conflict with tsi's published
terms and conditions of sale, which alone form the whole and sole basis of the
agreement between tsi and you. Any such notation will be for the express purpose
of assisting you in your own internal accounting routines.
- Registration or submission of an order for telnet 2000 (by any
normal
commercially available means, including, but not limited to: mail, e-mail,
internet submission and fax) will indicate your unreserved
consent to and acceptance of tsi's published terms and conditions, and
specifically to this License & Maintenance Agreement.
- You acknowledge unreservedly that immediately upon
fulfillment of your order by tsi, or its duly authorized agent(s), this will
create a binding contract between tsi and you which does not
permit the return of any part of the agreed sale for any reason
whatsoever.
- You acknowledge that this agreement is a non-exclusive,
non-transferable license to use the program for your sole benefit, and that no
property in the program shall pass, accrue to, or vest to you, and that you may
not dispose of the program, and, in particular, may not sell, let, or assign the
program, or this license, or any interest therein or any rights herein.
tsi makes no warranty as to the benefit or use to be derived from the
program. It is your responsibility to determine the benefits or otherwise of the
program in your own environment before entering into this
binding agreement with tsi. If you are at all unsure of this, tsi urges you
most strongly to utilize tsi's free 30 day program evaluation period, available
for download from: http://www.telnetsoftware.com/download.htm. Data processing
standards dictate that any program be thoroughly tested with non-critical data
before relying on it. By entering into this License Agreement you hereby assume
the entire risk of using this program. Any ultimate liability of tsi will be
limited exclusively to a free replacement of the program or, at tsi's discretion
a refund of the maximum of the initial paid purchase price. Under no
circumstances will tsi be liable for any further amount of deemed damages, loss
of profits or any other peripheral claim.
Your purchased licenses may be distributed by you either directly to a
local workstation, or through a network, provided that you have obtained
sufficient individual licenses for the program covering all workstations that
will access the software through the network. One registered copy of the program
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. E.g. if 10 different
workstations will access the program on the network, each workstation must have
its own license, regardless of whether the workstations use the program at
different times or concurrently.
You are hereby authorized to distribute as many copies of
the evaluation version of the program, in its unmodified
form via electronic means, as you wish.
By submission of order, you hereby agree and acknowledge that the price
quoted per tsi's published price list is the net value due
and receivable by tsi. In the event that your country of residence requires you
to withhold any remittance or other forms of tax, then the total charge must be
"grossed-up" before remittance, such that the net amount received by
tsi is in accordance with the published price list. This applies equally to the
initial license fee, to any upgrade fees and to any future maintenance fees
which may become payable in due course.
Technical support is included free of charge during the 30 day evaluation
period, and free of charge for a period of 1 year from the
point of purchase. Technical support will be available by
e-mail or by telephone (at tsi's discretion) if tsi deems that to be the better
alternative. Should tsi, at its sole discretion, determine that this facility
is being abused, tsi will have the sole right, without compensation to you, to
withdraw technical support at any point, having served notice of it's intention
to do so. NO support will be provided under any circumstances after year 1 if
you chose not to take up the maintenance/upgrade plan.
After year 1 you will be offered an optional maintenance/upgrade plan.
The cost will be either US$ 250, or, 15% of the then current license price
(multiplied by your number of licenses), whichever is the
greater. Upon acceptance and settlement of the charge for the year, tsi will immediately e-mail the latest version of the program available.
You will then be entitled to a further year of technical support from your
original anniversary date. Alternatively you may upgrade at any time for 50% of
the then current license price (multiplied by your number of licenses) without
buying the maintenance plan.
Should you decide not to take up the optional maintenance/upgrade plan
after year 1, or any subsequent year, you will NOT be permitted to take this up
subsequently (to gain access to a later release level for example) without
paying all or any backlog maintenance which would have been billed had you
entered the maintenance plan. Alternatively you may simply upgrade without
buying maintenance for 50% of the then current license price (multiplied by your
number of licenses).
Settlement of all or any charges is due within 30 days of invoice date.
Delinquent accounts will attract a late fee of 1.5% per month on the total sum
due and payable, from the invoice date to point of settlement.
tsi is a Nevada, USA registered and resident corporation. This agreement
is governed by the laws of, and subject to the jurisdiction of, the State of
Nevada, USA. However, at its sole discretion, tsi may, in
the event that it is required, opt to replace the law and jurisdiction with that of the place of residence of you, the customer.
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