OPTIMUS,
LLC, hereafter referred to as Optimus, licenses to ________________________,
hereafter referred to as Licensee, rights to install the Optimus proprietary
“Find-A-Part” internet software, hereafter referred to as SOFTWARE, on the
internet site operated by Licensee. In
consideration of the right to use of SOFTWARE, Licensee agrees to the following
conditions:
1.
The
SOFTWARE format, structural logic, html code and graphics are the copyrighted
property of Optimus and cannot be copied, transferred or utilized in any other
format or on any other web site, server or computer without the express written
consent of Optimus.
2.
Licensee
shall not reverse engineer, recompile, disassemble, modify, translate, make any
attempt to discover the source code of the SOFTWARE, or create derivative works
from the SOFTWARE.
3.
The
term of this agreement is for one year.
Agreement shall automatically renew on date agreed below on a
year-to-year basis unless either party notifies of its intent to cancel this
agreement. Cancellation notice can be
made at any time by giving 30 days notice of cancellation. Upon cancellation, Licensee agrees to
return the SOFTWARE provided to operate “Find-A-Part” and to continue to
acknowledge the software property rights as indicated in item 1 (one) above.
4.
Licensee
may not rent, loan or subcontract this software to any other party.
5.
Rights
to use of this software is contingent on maintaining active purchases with
Optimus and is subject to cancellation should Licensee purchases from Optimus
be less than $20,000.00 each calendar
year.
6.
Access
rights to SOFTWARE data are subject to Licensee complying with the Optimus
standard conditions of sale and to maintaining payments current within agreed
terms of 30 days.
7.
Optimus,
does not warrant that the functions contained in the SOFTWARE will meet your
requirements or that the operation of the program will be error free. OPTIMUS does not warrant that the user will
enter all items required for a complete installation and/or use thereof. OPTIMUS disclaims any responsibility for the
accuracy or adequacy of any positions taken by the user in their use of this
SOFTWARE.
8.
Licensee
acknowledges copyright laws and international copyright treaties; as well as
other intellectual property laws and treaties protect the SOFTWARE. Licensee agrees to treat the SOFTWARE just
as any other copyrighted material.
THIS AGREEMENT IS GOVERENED BY THE LAWS OF THE STATE OF TENNESSEE.
ACCEPTED and AGREED TO THIS THE _______ DAY OF _______________, 2004.
_________________________ _________________________ _______________
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