OFFICIAL: DeScribe Licence Text and Explanation
Mark F. Johnson
------------------------
Mark,
Let me know if you have further questions.
-=Merrylee Croslin=-
Below it the entire text of the New DeScribe 5.0 License
Agreements, Press Releases, Warranties, and other materials.
____________________________________________________________
DeSCRIBE, INC. ANNOUNCES FINAL RELEASE OF VERSION 5.0
Naples, FL, September 23, 1994 - DeScribe, Inc. announces today
the final release of its highly acclaimed DeScribe Word Processor
version 5.0. Winner of OS/2 Professional's 1994 Best New OS/2
Application Award, DeScribe 5.0 is a robust 32-bit application
setting new standards on a variety of different platforms,
including Windows 3.x, Windows for Workgroups, and Windows NT,
not to mention its native platform, OS/2.
With over 100 new product enhancements and changes, DeScribe
version 5.0 is a major upgrade to an already mature, professional
word processing application. Included among its many new
features are new graphic filters, REXX support via macros,
support for revision marking, simple math capabilities in tables,
automatic footnote definition, context sensitive menus, extensive
support of typographical characters, and stretchy frames which
grow and shrink with the text.
DeScribe 5.0 furthermore provides the ability to link and flow
text through multiple frames as well as an Auto Lookup Glossary,
allowing for immediate typo correction and abbreviation
expansion. New DeTours online tutorials, new DeNotes online
layout instructions, as well as enhanced Merge and Envelope
interfaces make DeScribe now even easier to learn and to use!
"I felt most immediately comfortable with DeScribe -- more
comfortable, in fact, than with WordPerfect for OS/2 despite
several years of experience with WordPerfect for DOS. DeScribe
was clean, fast, and configurable -- exactly what I like in a
word processor." ...Nicholas Petreley, InfoWorld
"DeScribe 5.0 doesn't just fill every check box on a Features
Comparison chart, it adds new rows to the chart... 5.0 is the
Killer App OS/2 users are waiting for." ...James P. Lennane,
CEO, DeScribe, Inc.
All registered users of DeScribe 4.x CX (Standard Edition) can
upgrade to version 5.0 for only $99 until November 30, 1994.
Those who further wish to obtain the Subscription Edition service
may do so for an additional $75.
Registered purchasers of DeScribe 5.0 SE (Subscription Edition)
will receive free updates, upgrades and unlimited telephone
support through December 31, 1995. Registered DeScribe 4.x users
who possess Subscription Edition status will receive the 5.0
upgrade without charge.
DeScribe 5.0 is available from major dealers with distribution
from Micro Central. DeScribe 5.0 CX (stand-alone) is available
in the U.S. and Canada for US$159 and US$299 for the
Subscription Edition. The LAN versions of DeScribe are available
in 5 paks for US$895. Enterprise licenses are available directly
from DeScribe for corporations with over 100 users.
This press release was created and produced using the DeScribe)
Word Processor 5.0
_______________________________________________________________
September 26, 1994
Dear New DeScribe 5.0 Customer:
With the release of DeScribe 5.0, DeScribe, Inc. has taken major
steps to protect its intellectual property rights. In order for
these steps to be effective DeScribe needs the support and
cooperation of its customer base.
The protection steps which DeScribe has taken are as follows: -
All copies of DeScribe 5.0 are being shipped with an Initial
Expiration Date (IXD). The Product will not function after this
date unless the Expiration Date has been extended. - All copies
of DeScribe Products must be Registered to obtain Support, to
execute a Continuing License Agreement or to be returned with a
Return Materials Authorization (RMA). - Purchasers of DeScribe
5.0 will be required to sign a Continuing License Agreement
(CLA), as a prerequisite for obtaining a Continuing License and
Expiration Date extensions. A copy of this agreement is included
in this package. - DeScribe will automatically mail Extended
Expiration Date disks, at no charge, to all eligible customers at
least 30 days in advance of any Expiration Date. This event will
occur at approximately six month intervals or until a new release
of the licensed DeScribe product is available. You will then
have the option to either upgrade or to obtain a set of Unlimited
Expiration Date Disks. - Unlimited Expiration Date product will
be placed in an escrow, managed by a third party, unrelated to
DeScribe, Inc. In the event DeScribe, Inc. cannot perform its
commitments under this plan the escrow agent shall release the
Unlimited Expiration Date disks for the cost of material and
shipping only. As an added benefit, Extended Expiration Date
disks will include the most recent bug fixes.
DeScribe has internally debated the strengths and weakness of
this plan for over four months. The entire software industry
recognizes something must be done to protect software against
piracy. There is no perfect solution. Unfortunately, just as at
airport security checkpoints, the overwhelming majority of
customers who are honest will be inconvenienced to prevent the
actions of an unscrupulous few.
As a software vendor there is no feeling more angering or
helpless than to discover one of your products has been stolen
and is now being joy ridden along the "Information Superhighway".
The only point to prevent such theft is at the source. It's the
same dilemma many auto owners have faced. Is it better to
prevent the theft of a car or to try to recover it after its
stolen? The answer to that question is obvious, particularly to
those who have had their vehicle expropriated. In the near
future, we at DeScribe expect one of the major vendors to address
this problem. At that time DeScribe will seriously consider
adopting their proposed solution. Until that happens we ask you
to work together with DeScribe as we initiate this program.
If in the event our proposal is unacceptable we will issue full
credit for your copy of DeScribe provided the enclosed software
license envelope is unopened.
We hope we will have your support in our efforts.
A final point concerns the much delayed documentation for
DeScribe 5.0. DeScribe has been working diligently with its
contractor QUE books. We believe the delays have been necessary
to insure the closest possible conformance between the final
DeScribe 5.0 product and the documentation. The documentation
has been written since July 1994 however the final editing passes
have taken much longer than expected. Your copy of the
documentation should be in your hands no later than October 31,
1994. The "Help" shipped with the product is fully up to date.
We apologize for the delay. In the interim, we recommend you
enjoy one of DeScribe 5.0's newest features by clicking the right
mouse button to display context sensitive action menus.
With best regards,
James P. Lennane C.E.O. & Chairman
_______________________________________________________________
DeScribe Word Processor LICENSE AGREEMENT
INTRODUCTION:
DeScribe, Inc. grants to Purchaser a nonexclusive,
nontransferable license to use the PRODUCT according to the terms
set forth in this Agreement and the provisions contained in the
accompanying materials included with the PRODUCT. Purchaser
agrees to hold the PRODUCT in confidence and to take all
reasonable steps to prevent unauthorized disclosure, distribution
or use of the PRODUCT.
DeScribe, Inc., in an effort to protect its intellectual property
rights and to maintain the integrity of its Purchasers has
implemented certain policies relating to the PRODUCT and its use.
All purchases made outside the United States will be subject to a
$30 (thirty) dollar International Registration Fee to be applied
to the maintenance of the Purchaser's account and to cover all
costs of shipping license renewal materials.
DEFINITIONS: The following definitions apply to terms as they
appear in this Agreement: 1. Company, Our, We, and Us means
DeScribe, Inc. located at 4820 Bayshore Drive, Naples, Florida,
33962. 2. You, Yourself, and Your mean anyone who acquires or
uses this PRODUCT. 3. Software means the computer programs
contained in this PRODUCT, together with all code, techniques,
software tools, formats, designs, concepts, methods, and ideas
associated with those computer programs. The term also includes
all copies of any part of the Software as well as any copies of
the documentation and other printed materials contained in the
PRODUCT. 4. PRODUCT means the Software, documentation, and other
items accompanying this Agreement. 5. Package means the media
containing the Software and/or the PRODUCT.
PRODUCT EXPIRATION DATE:
PRODUCT is being shipped with an INITIAL EXPIRATION DATE (IXD)
which will cause PRODUCT to cease functioning upon reaching the
(IXD). Purchaser shall provide for uninterrupted use of PRODUCT
by signing the enclosed CONTINUING LICENSE AGREEMENT (CLA) and
forwarding same to DeScribe, Inc. The (CLA) shall provide
Purchaser with no charge periodic license renewals and
uninterrupted usage.
After acceptance of the (CLA), DeScribe, Inc. shall forward
periodic license renewals to its customers in the form of
EXTENDED EXPIRATION DATE (EXD) DISKS. DeScribe, Inc. will
automatically mail (EXD) disks, at no charge, to all eligible
customers at least 30 days in advance of any expiration date.
LIMITED WARRANTY:
DeScribe, Inc. provides a 30 (thirty) day Limited Warranty to
the original purchaser of PRODUCT. Terms and conditions of the
Limited Warranty are included in the package with PRODUCT and are
incorporated in this Agreement by reference.
RETURN OF PRODUCT:
DeScribe, Inc. SHALL NOT ACCEPT RETURN OF PRODUCT AFTER RECEIPT
OF A (CLA). Terms and conditions for return of PRODUCT are
specifically stated and included in the package with PRODUCT and
incorporated in this Agreement by reference. REGISTRATION OF
PRODUCT IS A REQUIREMENT FOR RETURN OF PRODUCT. Purchaser is
directed to read the return of PRODUCT policy included with
PRODUCT.
TECHNICAL SUPPORT:
DeScribe, Inc. shall provide support services to Purchasers in
accordance with its defined support policy plans. REGISTRATION
OF PRODUCT IS A REQUIREMENT FOR PURCHASER ACCESS TO SUPPORT
SERVICES. Purchaser is directed to read the support policy plan
included with PRODUCT.
PRODUCT UPGRADES AND UPDATES:
DeScribe, Inc. may at any time upgrade or update the PRODUCT.
DeScribe, Inc. has the right to charge a fee for upgrades and
updates. License renewals are provided at no charge but do not
include updated or upgraded code but will include "bug fixes".
TERMINATION:
This Agreement is effective until terminated. Termination of the
Agreement revokes both the license and Purchaser's right to use
the PRODUCT. This Agreement is automatically terminated if
Purchaser violates any part of this Agreement.
RESTRICTED RIGHTS:
This PRODUCT and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is DeScribe, Inc., 4820 Bayshore Drive,
Naples, Florida, 33962.
If this PRODUCT was purchased in the United States, then this
Agreement is governed by the laws of the State of Florida. If
this PRODUCT was purchased outside of the United States, then
local law may apply.
CONFIRMATION:
DeScribe, Inc. shall notify each Purchaser - Licensee by letter
confirming the purchase and affirming the status of the
Continuing License Agreement. DeScribe, Inc. reserves the
option of refusing to accept from Purchaser a Continuing License
Agreement. In such case, DeScribe, Inc. agrees to refund the
purchase price in accordance with its refund policy, with no
deductions for restocking fees.
ENTIRE AGREEMENT:
This Agreement, including those referenced enclosed materials is
the entire Agreement between the parties and supersedes all prior
agreements, understandings, promises, and representations,
written or oral, with respect to the subject matter of this
Agreement. No modification of the terms of this Agreement will
be valid unless in writing and signed by both parties. If there
are any questions concerning this Agreement, please contact in
writing DeScribe, Inc., 4820 Bayshore Drive, Naples, Florida,
33962.
___________________________________________________________________
LIMITED WARRANTY AND POLICY FOR RETURN OF PRODUCT
LIMITED WARRANTY:
- This warranty applies only to the original party purchasing
this PRODUCT. The original party purchasing this PRODUCT shall
be deemed the Licensee.
- Warranty period shall be for a period of 30 (thirty) days from
date of purchase.
- DeScribe, Inc. warrants that, upon delivery, the original
program disks and accompanying media are free from physical
defects in material and workmanship for warranty period.
- Technical support is available only after registration and
shall be provided in accordance with the DeScribe, Inc. Support
Policy Plan.
- DeScribe, Inc. warrants to you that the PRODUCT will perform
without error during the warranty period. Error is defined as a
failure to perform substantially in accordance with the user's
manual.
- DeScribe, Inc. and its suppliers do not and cannot warrant the
performance or results you may obtain by using the PRODUCT.
DeScribe, Inc. and its suppliers make no warranties, express or
implied, as to performance, noninfringement of third party
rights, merchantability, or fitness for any particular purpose.
- Should physical defects in material and/or workmanship occur
within the warranty period, your sole remedy shall be return of
the defective disk for replacement. All replacement disks will
be warranted for 30 (thirty) days from the date you received the
replacement.
REFUND POLICY FOR RETURN OF PRODUCT:
- Purchaser MUST BE REGISTERED and shall have 30 (thirty) days
from date of purchase within which to exercise right of return of
PRODUCT.
- PRODUCT may not be returned without a RETURN OF MATERIAL
AUTHORIZATION (RMA) issued by DeScribe, Inc..
- Purchaser must provide to DeScribe, Inc., proof of purchase
verifying that PRODUCT was purchased within 30 (thirty) days
prior to request for (RMA).
- Upon verification by DeScribe, Inc., of purchase date and
Purchaser's compliance with 30 (thirty) day requirement,
DeScribe, Inc. shall issue an (RMA) to Purchaser for return of
PRODUCT.
- DeScribe, Inc. shall not accept direct return of PRODUCT
without the issuance of an (RMA) from DeScribe, Inc.
- PRODUCT purchased from a retailer and/or supplier will require
Purchaser to receive an (RMA) issued by DeScribe, Inc. for
return of PRODUCT to retailer and/or supplier and to provide a
copy of (RMA) to retailer and/or supplier at time of return.
- To validate a return of PRODUCT, ALL ORIGINAL MATERIALS
furnished to Purchaser by DeScribe, Inc., and/or retailer, and/or
supplier, must be returned to DeScribe, Inc. or
retailer/supplier.
- Purchaser shall pay all costs of shipping for return of
PRODUCT.
- ACCEPTANCE OF A CONTINUING LICENSE (CLA) BY DeSCRIBE, INC.,
SHALL VOID ALL RIGHTS OF PURCHASER TO RETURN PRODUCT TO DeSCRIBE,
INC. OR ITS THIRD PARTY VENDORS.
- DeScribe, Inc. shall not issue an (RMA) for PRODUCT which has
been issued a (CLA).
- DeScribe, Inc. shall not issue an (RMA) after INITIAL
EXPIRATION DATE (IXD).
- Refund payment amount, when made directly by DeScribe, Inc.,
shall be the verified purchase amount less the greater of $35 or
10% of the purchase amount which shall be applied to restocking
charges. Refund payment will not exceed the current DeScribe,
Inc. posted retail price of the PRODUCT.
9/19/94
___________________________________________________________________
CONTINUING LICENSE AGREEMENT (CLA)
I/we understand that the DeScribe Word Processor and its source
code, the PRODUCT, is a COPYRIGHTED computer software program and
that DeScribe, Inc. is granting me/us a nonexclusive,
nontransferable LICENSE to use this PRODUCT.
It is agreed that all reasonable steps will be taken to prevent
unauthorized distribution and/or use of the PRODUCT. It is
further agreed, in order to protect the intellectual property
rights of DeScribe, Inc., that I/we will not make any copies of
the PRODUCT to sell or give away to others, nor to use the
PRODUCT on more than one computer at a time unless authorized in
writing by DeScribe, Inc. It is further understood and agreed,
that there is NO AUTHORIZATION given by DeScribe, Inc. to
install the PRODUCT on a bulletin board service or allow access
to the PRODUCT via a bulletin board service or any other
"information super highway", nor to allow distribution as
"shareware" or "freeware".
I/we commit to protecting the intellectual property rights of
DeScribe, Inc. and its PRODUCT and by signing below acknowledge
that I/we have read this agreement, understand it, and agree to
its terms.
Upon receipt of a signed (CLA), DeScribe,Inc. agrees to provide
Licensee with periodic license renewals of the PRODUCT which will
allow for uninterrupted usage. DeScribe, Inc. reserves the
right to issue a license renewal which will never expire.
DeScribe, Inc. shall also have the option of refusing to accept
this Agreement. Such refusal will result in DeScribe, Inc.
refunding the purchase amount which will not exceed the current
DeScribe, Inc. posted retail price of the PRODUCT.
______________________________________ Signature of License
__________________________ ______________________________________
PRODUCT Serial Number Print Name
__________________________ ______________________________________
Date Company Name
_________________________________________________________________
DeScribe, Inc. revises License Agreement to protect intellectual
property rights
Naples, FL - September 23, 1994 - In an attempt to protect its
intellectual property rights, DeScribe, Inc. is including a
revised License Agreement with all shipments of its newly
released DeScribe Word Processor version 5.0 Under the new
Agreement, all copies of the product will be shipped with an
Initial Expiration Date after which the product will no longer
function. Purchasers who register their copy and sign a
Continuing License Agreement will then automatically receive a
new Extended Expiration Date copy approximately every six months.
The revised License Agreement reflects a growing concern among
many in the software industry over the protection of software
against piracy. In revising the Agreement, DeScribe has
attempted to formulate a policy which causes users minimal
inconvenience while simultaneously adhering to a primary
strategic principle: Intellectual property is the most important
asset of a technology company and must therefore be protected.
By protecting its products against piracy in this way, DeScribe
is better able not only to secure its own investments, but also
to continue to provide its customers with the highest level of
technology and support.
Copies of the product accompanying each license renewal will
include all recent "bug fixes". Upon any new release of the
licensed DeScribe product, the user will have the option to
either upgrade or to obtain a set of Unlimited Expiration Date
disks.
Unlimited Expiration Date product will be placed in escrow,
managed by a third party, unrelated to DeScribe, Inc. In the
event that DeScribe, Inc. cannot perform its commitments under
this plan, the escrow agent shall release the Unlimited
Expiration Date disks for the cost of material and shipping only.
In the near future, we at DeScribe expect one of the major
vendors to address this problem. At that time DeScribe will
seriously consider adopting their proposed solution.
A further change instituted by DeScribe, Inc. is the requirement
that all products be registered to qualify for support, execution
of a continuing license, or to return materials to either
DeScribe or its dealers.
This press release was created using the DeScribe) Word Processor
5.0
__________________________________________________________________
_______________________________________________________________
Mark Johnson | "Quia vidisti me Thoma, credidisti;
Saint Joseph's College | beati qui non viderunt,
US231 South, Box 915 | et crediderunt."
Rensselaer, Indiana |
47978 | Evangelium secundum Ioannem, (20:29)
ma...@saintjoe.edu |
_______________________________________________________________
Larry Bauer
Sorry, DeScribe, this just doesn't cut it. You've lost me as a potential
customer. I was waiting for 5.0 to come out to buy an OS/2 word
processor, and you just blew it.
-Larry Bauer
lab...@u.washington.edu
David Charlap
>
>REFUND POLICY FOR RETURN OF PRODUCT:
>
>- Purchaser MUST BE REGISTERED and shall have 30 (thirty) days
>from date of purchase within which to exercise right of return of
>PRODUCT.
>
>- PRODUCT may not be returned without a RETURN OF MATERIAL
>AUTHORIZATION (RMA) issued by DeScribe, Inc..
So far, OK...
>- Purchaser must provide to DeScribe, Inc., proof of purchase
>verifying that PRODUCT was purchased within 30 (thirty) days
>prior to request for (RMA).
In addition to the registration. So, if I buy it and immediately
don't like it, I have to register the stupid thing, wait for their
computer to process the registration, and then get an RMA number.
Then I have to send it back with the receipt. And if the whole
process takes longer than 30 days, you're screwed.
I smell lawsuits if they try and enforce this...
>- PRODUCT purchased from a retailer and/or supplier will require
>Purchaser to receive an (RMA) issued by DeScribe, Inc. for
>return of PRODUCT to retailer and/or supplier and to provide a
>copy of (RMA) to retailer and/or supplier at time of return.
This is a beaute. If you return it to your dealer and didn't get an
RMA first, the dealer can't return it to DeScribe. Guess what's going
to happen? The dealers are going to stop selling DeScribe to avoid
the problems.
...
>- ACCEPTANCE OF A CONTINUING LICENSE (CLA) BY DeSCRIBE, INC.,
>SHALL VOID ALL RIGHTS OF PURCHASER TO RETURN PRODUCT TO DeSCRIBE,
>INC. OR ITS THIRD PARTY VENDORS.
Excuse me? Didn't I have to accept a CLA in order to register the
product? And isn't that registration a prerequisite for getting an
RMA.
Now I think they don't ever intend to honor any returns.
...
>- DeScribe, Inc. shall not issue an (RMA) after INITIAL
>EXPIRATION DATE (IXD).
This had better be printed clearly on the box. Suppose I buy a
package and the IXD is already expired. I've now paid $200+ for what
are effectively blank disks. If I get a CLA (in order to unlock the
program and start using it), then I lose my right to return it. But
that doesn't matter, because after the IXD, I can't return it, even if
it's one day old.
>- Refund payment amount, when made directly by DeScribe, Inc.,
>shall be the verified purchase amount less the greater of $35 or
>10% of the purchase amount which shall be applied to restocking
>charges. Refund payment will not exceed the current DeScribe,
>Inc. posted retail price of the PRODUCT.
And on top of this, they won't refund the entire price anyway.
This has got to be the worst return policy ever. I've seen department
stores with policies like this. They're all out of business.
DeScribe corp. has got to be run by total idiots.
...
>CONTINUING LICENSE AGREEMENT (CLA)
>
>I/we understand that the DeScribe Word Processor and its source
>code, the PRODUCT, is a COPYRIGHTED computer software program and
>that DeScribe, Inc. is granting me/us a nonexclusive,
>nontransferable LICENSE to use this PRODUCT.
So, I can never sell or give my copy to anybody either. Most software
companies will allow be to give or sell my copy as long as I give/sell
all copies of the software and documentation with it.
---------
This entire policy sounds like a competitor wrote it. It seems to me
that any copmany adopting such a policy will drive itself into
bankrupcy within a year.
Someone high up in DeScribe was conned into this lovely scheme.
(Based on a previously posted letter by DeScribe's founder,
Mr. Lennane, it seems he asked Microsoft, Lotus, and WordPerfect for
advice regarding this issue.) I think the big boys geve DeScribe's
management these ideas and convinced them that they'll work.
---------------------+--------------------------------------------------------
David Charlap | The contents of this message are not the opinions of
da...@visix.com | Visix Software, or of anyone besides myself.
Visix Software, Inc. +--------------------------------------------------------
Member of Team-OS/2 |
---------------------+