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diff --git a/licenses/ventrilo b/licenses/ventrilo new file mode 100644 index 000000000..454267116 --- /dev/null +++ b/licenses/ventrilo @@ -0,0 +1,128 @@ + Computer Software License Agreement + + Flagship Industries, Inc. + P.O. Box 198 + Maryville, Illinois 62062 + +This is a computer software license agreement entered into +between Flagship Industries, Inc. ("Flagship") and +________________________________ ("User") for the use of Ventrilo +2.0 Software, an internet-based communication software. Flagship +hereby grants to the User a non-exclusive license to use the +software in accordance with the terms of this agreement. As +consideration for said license, the User agrees as follows: + +1. Reservation of rights. All rights not expressly granted to +the User by this License Agreement are reserved by Flagship. + +2. Disassembly. The User understands and agrees that it shall +not copy the program into any machine-readable or printed form, +except for archival or for back-up purposed in accordance with +the terms of this Agreement. The User will not reverse engineer, +decompile, disassemble, translate, merge into another computer +program or otherwise modify the software. + +3. Transfer of software. The User will not sublicense, assign, +or transfer the license, the software, or any rights under this +Agreement without the prior written consent of Flagship. + +4. Non-disclosure. The User, its employees and agents will +hold the software in trust and confidence and shall not disclose +the source code or other confidential information received +through use of the software. + +5. Fees. A corporation or home user may use the software to +host its own server, without a fee, provided it does not charge +for its use directly or indirectly. Any home server, business, +or corporation that charges for use of its server, directly or +indirectly, shall be subject to licensing fees. Inclusion of a +Ventrilo server as part of any rental or membership package shall +be subject to a licensing fee which is calculated for servers +which are configured to handle a maximum number of clients at any +one time ("Maxclients") as US$0.10 multiplied by the number of +servers multiplied by the number of Maxclients per server +utilizing the Ventrilo software. + +As of the date of signing this Agreement User has _____ servers +each configured for _____________ Maxclients, resulting in an +initial licensing fee of US$__________________. User shall +immediately report to Flagship any change in the number of +servers or Maxclients in its system and its MONTHLY fee shall be +adjusted accordingly at the beginning of the next month. + +6. Updates and new versions. In the event that updates or new +versions of the software are developed, Licensor may at its +discretion, make updates and new versions available to the User +upon payment of a fee. Flagship may require the return of the +original software to Flagship, or require that the User +discontinue use of older versions of the software. If software +is updated and made available to the User, the User may use the +update only in accordance with the terms and conditions of this +Agreement. + +7. This Agreement is effective upon opening of the software +package, or its initial use if downloaded, and shall continue, +unless terminated earlier in accordance with the terms herein. +The User may terminate this Agreement at any time by returning +the software and all copies and extracts therefrom to Flagship. + +8. Limited Warranty; Limitation of liability. Flagship +warrants only that the software shall perform substantially in +accordance with accompanying documentation under normal use for +the period the license is valid. The entire and exclusive +liability and remedy for breach of this Limited Warranty shall +be, at Flagship's discretion, either (1) refund the used portion +of any prepaid fee after notifying Flagship of a material defect +or (2) electronically update defective software with corrected +software to eliminate a defect. The User shall assume +responsibility for the selection of the software and for the +installation, use, and results obtained from the software. The +entire risk as to the quality and performance of the software is +borne by the User. +FLAGSHIP EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, NON- +INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR +PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF +THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR +THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF +PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE +LIMITED WARRANTY. + +No action for the above Limited Warranty may be commenced after +one (1) year following the expiration date of the warranty. IF +IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAY, +THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY +(90) DAYS FROM THE DATE THE SOFTWARE IN QUESTION WAS FIRST +SUPPLIED TO CUSTOMER. If a limitation is not allowed, the above +limitation may not apply to the User. + +9. Jurisdiction and Venue. This Agreement and the terms herein +shall be governed by the laws of the state of Illinois. All +disputes hereunder shall be resolved in Madison County, Illinois. + +10. Miscellaneous. This Agreement constitutes the entire +understanding of the parties, and merges all prior +communications, representations, and agreements. This Agreement +may be modified only by a written agreement signed by both +parties. If any provision of this Agreement is held invalid or +unenforceable for any reason, such invalidity of unenforceability +shall not affect any of the remaining provisions of this +Agreement. + +Agreed this _____ day of __________________, 20____. + +FLAGSHIP INDUSTRIES, INC. USER + + +By: __________________________ By:__________________________ + Brian Knapp, President + + + __________________________ + (Print Name) + + + __________________________ + (Address) + + + __________________________ |