LICENSING FOR ALPHA MENU Effective 11/15/91 If you find ALPHA MENU of value, you are encouraged to register your copy by mailing your registation fee of $25 and become a supporter. A license is required for use of ALPHA MENU by corporations and institutions, and for its commercial distribution. A license agreement form is enclosed. The license is for perpetual, non-exclusive use of the current version. If you have special requirements, such as licensing for an unlimited number of copies, or customization, please feel free to submit them in writing. Purchase orders and invoicing are acceptable. You may request a special license for: A fixed number of copies or an unlimited number of copies. See the discount schedule. Customization of messages and documentation, an additional fee may be required depending on the extent of changes. Permission to include with your company's commercial products. See the commercial distribution schedule. 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. ALPHA MENU Number of users(copies) Price per copy 1 to 5 $ 25.00 6 to 10 $ 23.00 11 to 50 $ 21.00 51 to 125 $ 19.00 Over 125: unlimited $2400.00 Regruadless of quanity, only one set of materials will be sent to you. You may then make as many copies of ALPHA MENU as are licensed. Licensed and registered users of ALPHA MENU will receive notification of future upgrades. DATA MASTERS of JAX P.O. BOX 17338 JACKSONVILLE, FL 32245-7338 AGREEMENT NON-EXCLUSIVE END USER SOFTWARE LICENSE This Agreement is entered into this _____ day of _______, 19___, by and between Data Masters of Jax P.O. Box 17338 Jacksonville, FL 32245-7338 hereinafter referred to as Vendor, and _________________________________, located at _______________________________________________________________ hereinafter referred to as Company, agree as follows: 1.0 LICENSE TO USER VENDOR'S PROGRAM 1.1 Vendor, for the consideration named, hereby grants to Company and its corporate affiliates, a non-exclusive license to use the proprietary computer program called ALPHA MENU ("Software"). 1.2 Company shall pay vendor a one-time fee of ___________________ Dollars ($___________) 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 version 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, and will exercise the same care and diligence to protect the Vendor's proprietary property as it does to protect its own. 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 Agree- ment, 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 Florida, 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. Vendor: Company: Data Masters of JAX ____________________________ P.O. Box 17338 ____________________________ Jacksonville, FL 32245-7338 ____________________________ By __________________________ By _____________________________ Title _________________________ Title __________________________ Date _________________________ Date __________________________