Re: perforce SCM licensing issues
On Mon, Sep 17, 2007 at 12:26:18PM +0100, Sam Clegg wrote:
> "
> In principal, we also do not object to have Perforce binaries included
> in the non-free part of the debian distribution, as long as it is clear
> that you are the sole distributor and maintainer of the packages and
> Perforce is in no way liable for their content and support.
> "
>From the Perforce licensing policies, it's pretty clear that any
distribution of Perforce in non-free would require a special agreement
with Perforce, which can sort of be inferred from the fact that the
email you received says 'In principal'...
At the bottom of
http://www.perforce.com/perforce/doc.072/manuals/p4guide/index.html:
"
Perforce software and documentation is available from
http://www.perforce.com. You may download and use Perforce programs,
but you may not sell or redistribute them. You may download, print,
copy, edit, and redistribute the documentation, but you may not sell
it, or sell any documentation derived from it. You may not modify or
attempt to reverse engineer the programs.
"
The standard Perforce commercial EULA, from
http://www.perforce.com/perforce/contracts/commercial.pdf
PERFORCE End User License Agreement
1. Introduction
This is a License Agreement ("Agreement") between Perforce
Software, Inc., a California corporation
("Perforce"), and ________________________________________
("Customer"), in which Perforce
grants Customer certain rights to use the software program
PERFORCE: The Fast Software
Configuration Management System.
2. Definitions
A. "Program" shall mean the machine-readable object code of the
computer software program or
programs described in the Program Description attached as
Attachment A to this Agreement, and
such additional Releases of such programs as shall be made
available by Perforce to Customer
from time to time.
B. "Release" shall mean any version of a Program or any
materials which are made commercially
available by Perforce at or after the delivery of a
Program, including any software provided for the
purpose of improving the functions or performance of the
Program, expanding the capability or
ease of operation of the Program, or for the purpose of
fixing errors in program logic, together
with Documentation.
C. "Documentation" shall mean the user manual(s) and any other
materials supplied or made
available by Perforce for use with the Program.
D. "Software" shall mean, collectively, the Program and the Documentation.
E. "License File" shall mean an ASCII file containing an encoded
license string which enables the
Program to operate in a specified configuration.
F. "Delivery Date" shall mean the date that Perforce transfers
or allows Customer to transfer a
License File for the Program to Customer's location by
electronic mail or file transfer over a
network.
G. "Effective Date" shall mean the date upon which both parties
have signed this Agreement.
H. "License Fee" shall mean the fee for licensing the Program or
Programs specified in this
Agreement.
I. "Software Support" shall mean support and maintenance
services for Programs described in
Attachment B to this Agreement.
J. "Software Support Fee" shall mean that applicable annual
fee due for Software Support in
accordance with Section 7 of this Agreement.
K. "Per Human Being" shall describe that form of software
license which restricts the licensed
software to being used by a specified maximum number of
individual users, irrespective of
whether such use is concurrent.
L. "Platform" shall mean the combination of a particular type of
computer and a particular operating
system, or version of an operating system.
M. "Initial Term" shall mean one (1) year from the Delivery Date.
N. "Renewal Term" shall mean any terms subsequent to the Initial
Term as defined in Paragraph
10(A).
Perforce End User License Agreement
Page 1
2007-09-07
3. Items Provided by Perforce
A. Perforce shall furnish Customer with the Software, as it is
described in Attachment A. Program
will be made available to be downloaded in machine-readable
object code form by electronic file
transfer. The Documentation will be delivered
electronically as machine readable text files
suitable for printing. Customer may copy, print, or
reproduce the Documentation without
restriction, provided that all copyright and other
proprietary notices are reproduced substantially
similar to the originals.
B. Perforce shall furnish to Customer one copy of the Program
modules for each computer on which
it is to run as designated in Attachment D.
C. Perforce shall furnish to Customer a License File which will
enable the Program to operate in the
configuration specified in Attachment D.
D. Customer acknowledges and agrees that it has independently
verified that the Software is
appropriate for the purposes for which Customer intends to
use it, and that Customer did not rely
upon any skill or judgment of Perforce in such selection.
4. Grants of License
A. In consideration of Customer's one-time payment of the
License Fee, Perforce grants to Customer
a world-wide non-exclusive license for Customer's employees
and contractors to install and use
the Software for Customer's own direct internal business
use in the configuration specified in
Attachment D.
B. The license granted in paragraph 4(A) above shall expire 60
days from the Delivery Date if
Perforce has not received the License Fee. When the license
expires for this reason, the Program
will cease to function. Such cessation of functionality is
by design, and is not a defect in the
Program. In this event, Perforce will restore the Program
to functionality on the first business day
following the day upon which Perforce receives the License Fee.
C. Customer may make any additional copies of the Software to
the extent necessary for use of the
Program. In addition, Customer may copy the Software for
archival or backup purposes. Customer
shall reproduce and include copyright or other proprietary
notices on any copies in substantially
the same form as appears in or on the original copies
provided to Customer.
D. The Program is configured by Perforce to support the number
of users specified in Attachment D.
The Program is licensed on a Per Human Being basis, with
the maximum number of users
permitted to use the server being that quantity specified
in Attachment D. Customer understands
that the Program enforces this limitation, and that any
failure of the Program to perform in
conformance with the Documentation in response to users in
excess of the number specified in
Attachment D is not a defect in the Program.
E. Perforce hereby reserves all rights in and to the Software
that are not specifically granted by this
License Agreement.
5. Software Support
A. In consideration of Software Support Fees paid by Customer,
Perforce will provide Software
Support as described in Attachment B. The Software Support
Fee for the Initial Term is included
in the License Fee.
B. During the Initial Term, and any Renewal Terms for which
Customer has paid Software Support
Fees, Perforce will supply, or make available, at no
additional charge to Customer, any new
Releases.
Perforce End User License Agreement
Page 2
2007-09-07
6. Delivery Schedule
A. Perforce shall deliver or make available to Customer via
electronic distribution the items to be
furnished under Section 3 of this Agreement upon receipt
from Customer of a bona fide purchase
order or payment or combination thereof representing the
full License Fee.
7. License and Software Support Fees
A. License Fees. The one-time License Fee is based on the total
number of users the Program is
configured to support, in accordance with the pricing
schedule set forth in Attachment C. The
License Fee covers Customer's installation, copying, and
use of the Software.
B. Software Support Fees. The License Fee includes the Software
Support Fee for the Initial Term
of this Agreement. If Customer elects to purchase Software
Support for any subsequent Renewal
Terms, then the Software Support Fee due for such Renewal
Terms shall be the support fee which
Perforce charges its new customers as of the date Perforce
receives Customer's purchase order for
support renewal. Payment of Support Renewal Fees must be
received by Perforce no later than
thirty (30) calendar days following the end of the current
Initial Term or Renewal Term; if it is
not, Perforce may, at its sole discretion, impose a 10%
support reinstatement surcharge on the
Software Support Fee.
C. Additional users. Customer may increase the number of users
the Program is configured to
support, by paying an additional one-time License Fee for
each additional user. For the Initial
Term of this Agreement, the additional License Fee shall be
in accordance with the pricing
schedule in Attachment C. For any Renewal Terms, the
additional License Fee shall be the then-
current License Fee Perforce charges its new customers. In
either case, the Support Fee portion of
the additional License Fee will be pro-rated down so as to
extend only to the anniversary of the
Delivery Date.
D. Per Human Being licensing. It is the intention of the parties
that the License Fee is paid on a Per
Human Being basis, as described in Sections 2(K) and 4(D)
of this Agreement. The parties
acknowledge that it is possible for one human to log onto
two systems at a site, resulting in the
appearance of two users, although the parties intend that
Customer pay for only one license in
such case.
8. Warranties and Indemnification
A. Perforce warrants that Perforce has the legal right to grant
Customer the license as set out in this
Agreement, and that the Software does not infringe any
third party intellectual property or other
rights.
B. Perforce warrants that there are no pending or threatened
lawsuits concerning any aspect of
Software and that Software has not been published in such a
way as to lose any of its copyright
protection.
C. Perforce warrants that Program is in substantial compliance
with the Program specifications and
descriptions referred to in Attachment A and the
Documentation; provided, however, that Perforce
shall not be liable under this warranty if Customer has
failed to incorporate all upgrades provided
to Customer by Perforce.
D. Perforce's liability under the warranties set forth in
clauses A, B, and C of this Section 8 is limited
to the License and Software Support Fees paid to Perforce
by Customer under this Agreement.
Perforce End User License Agreement
Page 3
2007-09-07
E. DISCLAIMER OF WARRANTIES. WITH THE EXCEPTION OF THE WARRANTIES SET
FORTH ABOVE, PERFORCE PROVIDES NO WARRANTY WHATSOEVER ON ANY
PROGRAM HEREUNDER, EXPRESS, IMPLIED OR OTHERWISE. EXCEPT FOR THE
WARRANTIES SET FORTH ABOVE, PERFORCE DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES WITH
RESPECT TO THE PROGRAM, AND ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
F. NO CONSEQUENTIAL DAMAGES. EXCEPT AS SET FORTH IN PARAGRAPHS 8(G)
AND 13(F) BELOW, NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS AND
LOSS OF PROFITS), EVEN IF IT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES.
G. Notwithstanding any other provision of this Agreement,
Perforce shall defend, indemnify and hold
harmless Customer and its officers, directors,
shareholders, employees, accountants, attorneys,
agents, affiliates, subsidiaries, successors and assigns
against any claim or threat of claim that the
Software infringes any intellectual property right of any
third party. Perforce shall pay the court
costs, legal fees and litigation expenses as they are
incurred, and any damages finally awarded or
settlement agreed upon, resulting from any such claim or
threat of claim, provided that Customer
(i) promptly gives Perforce written notice of any such
claim, (ii) gives Perforce full authority to
defend any such claim, and (iii) provides Perforce with all
information and assistance Perforce
requests in connection with such defense.
H If a temporary or permanent injunction is obtained against
the use of any part of the Software for
the reason that it infringes any third party's intellectual
property rights, Perforce shall, at its option
and expense, either (i) procure for Customer the right to
continue to use the Software, or (ii)
modify the Software so that it becomes non-infringing. If
Perforce selects the second option,
Perforce's obligation to keep the Software in substantial
compliance with the Documentation shall
remain unaffected.
I. EXCLUSIVE REMEDY. THE PROVISIONS OF THIS
SECTION 8 STATE THE
EXCLUSIVE LIABILITY OF PERFORCE, AND THE EXCLUSIVE REMEDY OF
CUSTOMER, WITH RESPECT TO ANY CLAIM OF PATENT, COPYRIGHT, OR TRADE
SECRET INFRINGEMENT.
9. Intellectual Property
A. Customer acknowledges and agrees that it obtains no ownership
rights in the Software under the
terms of this Agreement, and that Perforce has and retains
all right, title, interest and ownership in
and to the Software, and in any copies or updates of the
Software whether made by Customer or
Perforce.
B. The Software constitutes proprietary information and trade
secrets of Perforce, whether or not any
portion of the Software is or may be the subject of a valid
copyright or patent.
C. Customer may not alter any proprietary markings on the
Software, including copyright, trademark,
trade secret, and patent legends.
D. Any authorized copies of the Software made by Customer shall
contain a reproduction or
equivalent of the copyright notice or other proprietary
markings appearing on the Program and
Documentation delivered by Perforce.
E. Customer may not decompile, disassemble, or reverse engineer
the Program.
Perforce End User License Agreement
Page 4
2007-09-07
F. Perforce shall retain the copyright to all enhancements to
the Software.
10. Term and Termination
A. The Initial Term and each subsequent Renewal Term of the
Agreement shall be renewed
automatically for subsequent one-year terms ("Renewal
Terms") unless either party notifies the
other in writing, at least thirty (30) days prior to the
expiration of the current Initial or Renewal
Term, of its intent to cancel the renewal. The renewal of
this Agreement pursuant to this provision
shall not be considered a renewal of Customer's Software
Support for the Renewal Term; Software
Support must be expressly renewed by Customer as set forth
in Paragraph 7(B) of this Agreement.
B. Either party shall have the right to terminate this Agreement
in the event that the other party
breaches its obligations under sections 9, 10, or 12 of
this Agreement. Intent to terminate shall be
made by a written notice setting forth the details of the
breach. Termination shall become effective
thirty (30) days from the date that the notification of
intent to terminate was given, unless the
breaching party has corrected the breach prior to the end
of that thirty (30) day period.
C. If this Agreement is terminated by Perforce pursuant to
Paragraph 10(B), Perforce may, at its sole
discretion, revoke the license granted under Paragraph 4(A)
of this Agreement. If Perforce notifies
Customer in writing that its License has been revoked,
Customer shall, within fifteen (15) days of
such notice, (i) discontinue all use of the Software and
(ii) certify to Perforce in writing that it has
complied with the requirements of this Paragraph 10(C).
D. Notwithstanding clause B above, either party shall have the
right to terminate this Agreement
effective immediately if a petition of bankruptcy is
granted against the other party, the other party
makes an assignment for the benefit of creditors, or the
other party admits to being unable to meet
its obligations as they come due; and either party shall
have the right to terminate this Agreement
effective immediately if a petition of bankruptcy is filed
by or against the other party and if such
petition is not dismissed by the bankruptcy court within
sixty (60) days after its filing. Intent to
terminate shall be made by a written notice to the party by
or against which bankruptcy is filed.
E. Survival Provisions. The parties' rights and obligations
under Sections 2, 8, 9, 11, 12, and 13 of
this Agreement survive any termination or expiration of
this Agreement. The parties' rights and
obligations under Section 4 of this Agreement survive any
termination or expiration of this
Agreement, except termination pursuant to Paragraph 10(B)
of this Agreement. Upon any
termination or expiration of Agreement, all rights granted
by Perforce to Customer, except those
mentioned in this paragraph, shall revert to Perforce.
11. Arbitration and Mediation
A. With the exception of Section 13(F) below, if any dispute
arises under the terms of this
Agreement, the parties agree to select a mutually agreeable
neutral third party to help them
mediate it. If the mediation is unsuccessful, the parties
agree that the dispute shall be decided by
binding arbitration under the rules issued by the American
Arbitration Association. The decision
of the arbitrator shall be final. Costs and fees (other
than attorneys fees) associated with the
mediation or arbitration shall be shared equally by the
parties. Each party shall be responsible for
its attorneys' fees associated with arbitration.
12. Assignment and Delegation
A. Neither party may sell, transfer, assign, delegate, or
subcontract any rights or obligations under
this Agreement without the prior written consent of the
other party. Consent shall not be
unreasonably withheld.
Perforce End User License Agreement
Page 5
2007-09-07
B. Notwithstanding clause A above, if a party sells or transfers
to a single entity all or substantially
all of its business to which this Agreement relates, that
party may, without the other party's
consent, assign or delegate its rights or obligations under
this Agreement to that entity.
C. When an assignment or delegation is made pursuant to clause B
above, Perforce will provide a
License File to the transferee upon receipt of copies of
properly executed documents which effect
such assignment or delegation.
13. General
A. Applicable Law. This Agreement shall be construed pursuant to
substantive law of the State of
California, excluding any choice of law rules.
B. Taxes. Perforce shall be entitled to collect from Customer,
in addition to the other amounts payable
under this Agreement, all local, state and federal excise,
sales, use, personal property, gross
receipts and similar taxes (excluding payroll taxes and
taxes imposed on or measured by
Perforce's net income) levied or imposed by reason of the
transactions under this Agreement.
Customer shall, upon demand, pay to Perforce an amount
equal to any such tax(es) actually paid
or required to be collected or paid by Perforce.
C. Public Reference. Customer consents to the public use of its
name as a customer of Perforce,
unless Customer notifies Perforce in writing that it
withholds such consent.
D. Modification. This Agreement may not be modified or amended
except by written notice which
is signed by authorized representatives of each of the parties.
E. No Waiver. The failure of either party to exercise any right
or the waiver by either party of any
breach, shall not prevent a subsequent exercise of such
right or be deemed a waiver of any
subsequent breach of the same of any other term of the Agreement.
F. Equitable Remedies. The parties recognize that money damages
may not be an adequate remedy
for any breach or of any obligation hereunder by Customer
involving intellectual property or use
of the Program beyond the scope of the license granted by
this Agreement. The parties therefore
agree that in addition to any other remedies available
hereunder, by law or otherwise, Perforce and
any third party from whom Perforce has licensed software or
technology may be entitled to seek
injunctive relief against any such continued breach by
Customer of such obligations.
G. Exclusive Jurisdiction and Venue. Any cause or action arising
out of or related to this
Agreement, including an action to confirm or challenge an
arbitration award, may only be brought
in the courts of applicable jurisdiction in California at
Alameda County, and the parties hereby
submit to the jurisdiction and venue of such courts.
H. Written Notice. Any written notice from one party to the
other required by this Agreement shall
be deemed made on the date of mailing if sent by certified
mail or overnight courier and addressed
to the address specified below. Written notice sent by any
other means shall be deemed made on
the date it is received by the party to whom it is
directed. Notice sent by facsimile or by electronic
mail shall not be deemed "written notice" as contemplated
by this Agreement.
I. Entire Agreement. This Agreement, including its
Attachments, constitutes the sole and entire
agreement of the parties with respect to the subject matter
hereof and supersedes any prior oral or
written promises or agreements. There are no promises,
covenants or undertakings other than
those expressly set forth in this Agreement.
J. No Election of Remedies. The pursuit by either party of any
remedy to which it is entitled at any
time shall not be deemed an election of remedies or waiver
of the right to pursue any other
remedies to which it may be entitled.
Perforce End User License Agreement
Page 6
2007-09-07
K. Independent Contractors. Nothing in this Agreement shall be
deemed or construed by the
parties or by any other entity to create an agency,
partnership or joint venture between Customer
and Perforce.
L. Severability. If any provision of this Agreement or any
Attachment hereto is held invalid or
otherwise unenforceable, the enforceability of the
remaining provisions of this Agreement and the
Attachments will not be impaired thereby.
M. Government Regulations. In the event of any conflict between
the provisions of this Agreement
and any statute of the United States government, or any
regulation of any agency of the United
States government, the provisions of such statute or
regulation shall take precedence.
N. Attachments. Attachments A, B, C, and D hereto are
incorporated into and made part of this
Agreement.
14. Signatures
Perforce and Customer have read this Agreement and agree to be
bound by its terms, in witness
whereof the authorized representatives of each party have
affixed their signatures below.
Customer Perforce
Software, Inc.
_________________________________
_________________________________
Signature Signature
_________________________________
_________________________________
Name (Print or Type) Name (Print or Type)
_________________________________
_________________________________
Title Title
_________________________________
_________________________________
Date Date
Perforce's
mailing address:
Customer's mailing address:
Perforce
Software, Inc
_________________________________ 2320 Blanding Avenue
Alameda, CA 94501
_________________________________ USA
_________________________________
_________________________________
Perforce End User License Agreement
Page 7
2007-09-07
Attachment A: Program Description
The Program to be delivered as per this Agreement, PERFORCE —
The Fast Software
Configuration Management System, is a software configuration
management system, providing
repository, versioning, change control, shared access,
integration, communication, auditing, and
reporting services for groups of engineers, technicians and
managers developing, maintaining
and releasing production software.
The Program functions as described in the PERFORCE Users' Guide.
Perforce maintains a published list of Platforms on which the
Program is supported.
PERFORCE is a connection-based client/server system operating
across heterogeneous
platforms. The Program version of PERFORCE is comprised of a
principal server program, p4d,
one instance of which runs on a server machine and manages
access to the central repository, or
"depot," in the Server Installation; and a principal client
program, p4, instances of which are
invoked locally on each host machine containing a Client
Workspace. The Program also
includes all other modules for which a link to either a user
manual or release notes is provided at
any time on the "Documentation" page of Perforce's web site
(http://www.perforce.com/
perforce/technical.html). Other utility, administration and
demonstration programs may be
included as well.
Typically each user will have his/her own dedicated client
installation, which contains copies of
files from the repository at particular revisions. The server
comprises a request handler, a data
manager and a file librarian. The data manager implements
database services and maintains a
control meta-database describing the status and history of
versioned files in the depot and
transactions against the depot. The librarian implements an
archive of versioned files. The
request handler acts as an executive, sequencing actions and
managing communication with the
client.
PERFORCE provides a transactional change model based on atomic
submissions of multiple
files as one transactional "change." PERFORCE provides a
mechanism for selectively
maintaining synchronization of client work areas with the server
so that client installations can
be reliably brought up to date. Once fetched, client files are
localized on the client.
PERFORCE supports parallel development (branching) and
integration and reconciliation of
parallel changes. PERFORCE provides for reporting from the depot
on the status of clients, file
change histories, and work in progress.
Perforce End User License Agreement
Page 8
Attachment A
2007-09-07
Attachment B: Terms and Conditions of Support
1. Services Provided
In consideration of the Software Support Fee(s) paid by Customer
and Customer's agreement to
meet the responsibilities set forth below, Perforce shall
provide to Customer the following
Technical Assistance and Maintenance services:
Technical Assistance
A. Perforce shall assist Customer in diagnosing errors and
malfunctions which occur when the
Program is used by Customer.
B. Perforce shall provide support services to Customer to
attempt to correct diagnosed errors
and malfunctions. Perforce is not responsible for errors or
malfunctions caused by any
hardware or any third party operating system.
C. All Technical Assistance shall be performed between 8:00 a.m.
and 5:00 p.m., Pacific Time,
Monday through Friday, holidays excluded.
D. Perforce will provide Technical Assistance by email or telephone.
E. Perforce makes the following specific commitments to response
to requests for Technical
Assistance from Customer:
1. to accept/acknowledge the support request via email or
phone within one (1) business
day of receipt of request;
2. to inform Customer of current known status of the
problem and enter a Job Report in
Perforce's tracking system when appropriate;
3. to provide a response within three (3) business days
detailing Perforce's analysis and/or
assessment, including options and estimated time for resolution;
4. to make best effort, for bona fide defect or problem
report, to develop a software fix or
workaround in a timely fashion;
5. for support calls identified by Customer as "urgent,"
to provide a proposed resolution
or response within one (1) business day.
Maintenance
F. Perforce will make each Release of Program published during
the term of the Software
Support Agreement available to Customer for download as
provided in Paragraph 3(A). All
such downloads must be initiated by Customer. Perforce
shall make best efforts to provide
Releases that implement corrections and shall make best
efforts to assist Customer in using
the Program in a way that can avoid diagnosed errors,
malfunctions and defects.
G. Customer is not entitled to receive any new software from
Perforce which Perforce does not
deem to be a part of the Program. For example, Customer is
entitled to all updates and
upgrades to the Program, but should Perforce release
another software package with related
but different functionality under a different product name,
Customer would not be entitled to
such software as an update or upgrade to the Program.
Perforce End User License Agreement
Page 9
Attachment B
2007-09-07
H. Customer is entitled to download, at no additional cost,
versions of the Program for any
additional Platforms available from Perforce as listed in
Perforce's published offering of
products, provided that the aggregate configuration of
users supported among all servers
does not exceed the Licensed Configuration.
I. From time to time, Perforce may choose to cease maintenance
of certain Platforms.
Perforce will do this in two steps. First, the Platform
will be designated as "Obsolescent,"
which means Perforce will make new Releases available for
that Platform only upon explicit
customer request. No less than one year after being
designated "Obsolescent," the Platform
will be designated as "Discontinued," which means Perforce
will no longer make new
Releases available for that Platform at all. Platforms
shall be designated "Obsolescent" or
"Discontinued" on Perforce's web site; it shall be
Customer's responsibility to check the
web site for changes in designation of any given Platform.
J. The designation of a Platform as either "Obsolescent" or
"Discontinued" shall not affect
Perforce's obligation to provide Technical Assistance as
set forth in paragraphs A through E
of this section.
K. Customer has the right to change the server IP addresses,
port numbers, and/or Platforms in
the Licensed Configuration at no additional cost at any
time upon written notification to
Perforce.
2. Customer Responsibilities
A. Customer will make its best commercially reasonable efforts
to keep current with the latest
Release of Program provided by Perforce.
B. Customer shall designate the appropriate number of
individuals as contact(s) for Software
Support, as agreed by the parties. The total number of
contacts is not to exceed two (2)
contacts per hundred (100) users. Customer has the right to
change the contacts at any time
upon written notification to Perforce.
C. In the event that Customer fails to meet its responsibilities
as set forth in the preceding two
paragraphs, Perforce's sole remedy shall be that it may, at
its option, decline to provide
technical support until Customer has complied.
Perforce End User License Agreement
Page 10
Attachment B
2007-09-07
Attachment C: Price Schedule
1. License Fees
The License Fee is based on the number of users purchased under
this Agreement, according to
the table below:
Users 1 – 20: $800 each
Users 21 - 50: $750 each
Users 51 - 100: $700 each
Users 101 - 250: $650 each
Users 251 – 500: $600 each
Users 501 – 1,000: $550 each
Users in excess of 1,000: $500 each
Example: The total License Fees for an initial purchase of 30
users would be $800 each for the
first 20 persons (i.e. $16,000) plus $750 each for the 21st
through 30th persons (i.e. $7,500), for
a total of $23,500.
2. Software Support Fees
Initial Software Support Fees comprise $160.00 of the above
license fees at all price tiers.
Support can be renewed for subsequent years, at the pricing then
in effect.
Perforce End User License Agreement
Page 11
Attachment C
2007-09-07
Attachment D: Licensed Platform Configuration
The Licensed Configuration for
__________________________________ (Customer), detailing
the specific Platforms for which the Program will be supplied
and to which this Agreement
applies, is as follows:
Server Licensing Information:
Server IP Address:
___________________________________________________________
Server port number:
___________________________________________________________
(The IP address and port number are required in order to
prepare the License File.)
Type of computer:
___________________________________________________________
Operating System:
___________________________________________________________
Number of Users:
___________________________________________________________
Designated Technical Support Contact(s):
Name: _____________________________________________________________________
Title:
_____________________________________________________________________
Email:
_____________________________________________________________________
Phone:
_____________________________________________________________________
Perforce End User License Agreement
Page 12
Attachment D
2007-09-07
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