Information on Site & Distribution Licenses and Custom Versions Corporate and Governmental Site License This is a license for use of the software within your company or goverment agency, and is not transferable. This allows internal use and copying of the software for as many sites / computers as contracted for. (See MAILER.TXT for Site License price schedule). An unlimited Site License allows unlimited copying of the software for internal use by your company or government agency. Distributing, repackaging, or reselling of the software to third parties is not allowed. All licenses are prepaid. Distribution License Commercial and Governmental Use This allows distribution of the SPUTTER software with software that is distributed by your company or government agency. This license is non-exclusive and non-transferable. Please complete and return the application for a distribution license on the reverse side of this form. Once we receive the completed application, you will be sent a written quote for a one time Distribution License fee. A sample Distribution Agreement is enclosed. All licenses are prepaid. Private Use This license is not necessary for clubs or user groups distributing the software on a SHAREWARE basis, providing that the entire SPUTTER package with accompanying documentation files is included in the distribution, and no more than a nominal fee (not to exceed $10) is charged for such distribution. Custom Versions of the Software If you require any modifications or changes to the software, please include detailed written information describing all changes you are interested in. Customization fees will be based on the extent of the modifications required to the software so it performs as you describe. Depending on the changes requested, please allow six to eight weeks for custom versions of the software. Availability of Source Code It is the policy of VERSAWARE, Inc. not to release source code of its products. SAMPLE SITE LICENSE VERSAWARE 30 JENNIFER STREET LITTLETON, MA 01460 USA 508-486-3083 VERSAWARE hereby grants [ORGANIZATION NAME] a site license for [NUMBER OF SITES/COMPUTERS LICENSED] computers for the use of the following software programs: SPUTTER SOUND SYSTEM. This is a perpetual license for the use of the software within your company, and is not transferable. This license allows internal use and copying of the software by as many users/ machines as contracted for. Distribution, repackaging, or reselling of the software, to third parties, is not allowed under this agreement. The LICENSOR warrants that it is sole owner of the software and has full power and authority to grant this license herein without consent of any other party. VERSAWARE hereby disclaims all warranties relating to this software, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose. VERSAWARE will not be liable for any special, incidental, consequential, indirect or similar damages due to loss of data or any other reason, even if VERSAWARE or an agent of VERSAWARE has been advised of the possibility of such damages. In no event shall VERSAWARE's liability for any damages ever exceed the price paid for the license to use the software, regardless of the form of the claim. The person using the software bears all risk as to the quality and performance of the software. This agreement shall be construed and enforced in accordance with the laws of the STATE OF MASSACHUSETTS. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Middlesex county, Massachusetts. The parties hereby consent to in personam jurisdiction of said courts. COMPANY: [ORGANIZATION NAME] ADDRESS: [ORGANIZATION ADDRESS] CITY: [ORGANIZATION'S CITY] STATE: XX ZIP CODE: 00000 COUNTRY: [ORGANIZATION'S COUNTRY] AUTHORIZED SIGNATURE: _____________________________________ TITLE: _______________________ DATE: _______________ VERSAWARE AUTHORIZED SIGNATURE: _________________________ TITLE: President DATE: ______________________ SAMPLE DISTRIBUTION LICENSE AGREEMENT VERSAWARE 30 JENNIFER STREET LITTLETON, MA 01460 USA 508-486-3083 This agreement entered into, by and between VERSAWARE, a Massachusetts company, located at 30 Jennifer Street, Littleton, Massachusetts 01460 (herein after referred to as "LICENSOR"), and a CORPORATION located at (herein after referred to as "LICENSEE"). This contract allows LICENSEE to DISTRIBUTE the program(s) developed by LICENSOR referred to as THE SPUTTER SOUND SYSTEM with software developed by LICENSEE. This perpetual license of THE SPUTTER SOUND SYSTEM software by LICENSOR TO LICENSEE IS NON-EXCLUSIVE AND NON-TRANSFERABLE. LICENSEE shall pay LICENSOR a one time fee of US $ in exchange for said license. This is a license for distribution for use with . The LICENSOR warrants that it is sole owner of the software and has full power and authority to grant this license herein without consent of any other party. VERSAWARE hereby disclaims all warranties relating to this software, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose. VERSAWARE will not be liable for any special, incidental, consequential, indirect or similar damages due to loss of data or any other reason, even if VERSAWARE or an agent of VERSAWARE has been advised of the possibility of such damages. In no event shall VERSAWARE's liability for any damages ever exceed the price paid for the license to use the software, regardless of the form of the claim. The person using the software bears all risk as to the quality and performance of the software. This agreement shall be construed and enforced in accordance with the laws of the STATE OF MASSACHUSETTS. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Middlesex county, Massachusetts. The parties hereby consent to in personam jurisdiction of said courts. This agreement can only be modified by mutual written consent of both parties. COMPANY: _________________________________________ _________________ AUTHORIZED SIGNATURE DATE _________________________________________ TITLE _________________________________________ _________________ PRESIDENT OF VERSAWARE DATE APPLICATION FOR DISTRIBUTION LICENSE (Note there is no obligation in completing the application for a quote. Please print or type.) NAME: ____________________________________________________ COMPANY: ____________________________________________________ TITLE: _________________________________ DATE:____________ ADDRESS: ____________________________________________________ CITY: _______________________________ STATE: __________ ZIP CODE: ____________ (COUNTRY:) __________________________ TELEPHONE #: (_____)_____________ FAX #: (____)_____________ PLEASE COMPLETE AS BEST AS POSSIBLE. 1) I am interested in distributing the progams(s) (check all that apply) SPUTTER ___ File Manager SPUTMON ___ Event Monitor SPUT ___ Sound File & Text Player Utility SPUTROL ___ ROL File Player Utility 2) In what quantity do you estimate distributing the software indicated above? ________ copies. This is per year ____ or one time ____ (check only one). 3) Please describe the intended usage of the VERSAWARE programs indicated in question 1. If possible, please describe the software packages(s) that you intend to distribute with or using the VERSAWARE programs, and their price or price range. Also, please list any other relevant information (feel free to attach additional sheets): 4) State the names(s) of the software package(s)/program(s) which will be distributed with the VERSAWARE programs. 5) Incorporated in what state/country ______________________.