Self-Help Desk Licensing
Self-Help Desk is licensed on a subscription basis. Just like a magazine subscription, a subscription to Self-Help Desk is paid every year in advance for the anticipated number of users and includes the right of each user to use the database for one year. The price to renew a subscription is 25% of the currently listed price and includes free updates to the software as well as free product technical support (see below for details). When a License Pack expires, you must renew the subscription to continue receiving benefits.
If you decide NOT to renew the yearly subscription, you will not be entitled to free product updates support.
Subscriptions are purchased in the form of License Packs. A License Pack is the licensing of a particular number of users. You can purchase License Packs in various sizes, with the cost of each license decreasing with volume.
We have made it easy for you to comply with your license agreement by:- tracking the number of active users in the application (User Visits view)
- providing a place to record License Packs (License Packs view)
- telling users in the [DBAdmin] role when the number of users exceeds the allowable licenses.
We hope that these features will help you in your efforts to comply with your license agreement.
License Packs View
You must create License Pack documents in this view to reflect the number of licenses that you have purchased from wareSource. License packs are valid for one year. If the total number of valid license pack licenses is less than the number of active users, users in the [DBAdmin] role will be warned (with a dialog box) when they open the application.
When you renew your yearly subscription (see "Subscription Renewal" below), you can extend the date of existing license packs by another year or add new license pack document(s) with the same number of users. In one year you will be reminded that your subscription is due. If you have decided never to renew your subscription, you can set a date far in the future.
The Compliant? field in the Application Settings also indicates "No" when the number of active users exceeds the number of valid license packs. You are compliant when the total number of valid License Packs meets or exceeds the total number of active users.
Rotating Licenses
Every time a user opens the application, the user name is recorded along with the first date/time, last date/time, and total number of visits. Anyone who is listed as the requester of a Problem Report or Service Request (even though that person never opens the application) is also considered a user. You can view the total number of users, and hence, the number of licenses you must purchase to comply with your license agreement with wareSource.
You can also use this view to delete inactive users so that additional users can access the application and benefit from the application. If a deleted user accesses the application again or is a requester of service, however, a new record is created, and you are accountable for having sufficient License Packs to cover the usage. This view can also give you a general sense of whether the application is being utilized in the way you intended.
Rotating licenses are limited to single legal-entity corporations/organizations, or agencies within the government. Subsidiaries, franchises, or other such independent entities, whether partially or wholly owned, are considered their own site, and must independently license the software. Should a company be purchased by or merged with another company, the license only applies to the original organization.
NOTE: Be sure to check privacy laws in your country, which may prohibit tracking user activity. Because the record does not specify which documents have been read, this minimal level of tracking is generally acceptable in most countries. If not, please contact us for a version of the software that disables this feature. In this case, you must manually track the application usage and license compliance.
Multiple Database Instances
The application is designed to help you comply with the license agreement by tracking the number of people using the application. Users can access a replica copy of the database on any server or from a replica on their local hard drives (for mobile and remote users). All user activity replicates to all of the replicas of the database.
If you have created multiple instances application (not replica copies), you can apply the license packs to each instance, but are responsible for aggregating the total number of users. The user license allows that user to access any instance of the Self-Help Desk application.
Product Guarantees and Product Support
We unconditionally guarantee the technical operation of Self-Help Desk or will fix it promptly. If not still not satisfied, your money for any unused months (prorated) will be returned. In turn, you must be sure to follow our recommendations on installation and operation of the product and to install any code updates that we provide. We also assume that you have fully evaluated and tested the software prior to licensing and deploying it and have found it to meet your requirements.
Your license for Self-Help Desk includes one year of free upgrades, technical support via telephone, email, and IM through Google Talk (kent.at.wareSource@gmail.com). Only one designated representative from your organization will be authorized to contact our service department. Additional persons can contact us on a paid per-incidence basis.
For obvious reasons, we cannot support the underlying Domino or Notes code. Support of modifications to the Self-Help Desk code are not supported, though we can be contracted on a fee basis to troubleshoot problems you are having. Product usage support (product deployment, strategy, publication design, and product customization) is also available at consulting rates.
We can also assist you in writing connectors to the databases of other Notes-based help desk systems (such as for escalation and tracking purposes), again on a paid consulting basis.
Product Code and Content Updates
wareSource will deliver product code and updates in the form of a new design template. You can apply the design changes to your production databases by performing a design refresh (or replace). Every attempt will be made to limit disruption to your production data, and if it is necessary to make changes to things such as field names, we will provide the necessary conversion agents.
Self-Help Desk Pricing
Self-Help Desk licenses are purchased in License Packs. Every user opening the application must have a license.
| License Pack Users | License Pack Price | Price per User |
| 5 | $300 | $60 |
| 10 | $500 | $50 |
| 50 | $1,500 | $30 |
| 100 | $2,500 | $25 |
| 500 | $10,000 | $20 |
| 1000 | $15,000 | $15 |
| 5000 | $50,000 | $10 |
| 10000 | $80,000 | $8 |
When you purchase License Packs, you should account for the total number of active users to take advantage of volume pricing. Often it is less expensive to over-estimate and have extra licenses than to try to purchase an exact number. For example, if you have 75 users, it is less expensive to purchase a 100-pack than to purchase a 50-pack, two 10-packs, and one 5-pack.
When your total number of licenses reaches 100, you will receive the version of the application template with the source code.
The "Enterprise" license pack covers all users in a single corporate entity or government agency. It can not, however, be used by a parent company to license all of its subsidiaries or by one subsidiary to license other subsidiaries or the parent company. The "Enterprise" license pack pricing is the equivalent of three 10,000 license packs.
All prices and terms valid of March 25, 2004 and are subject to change without notice. Prices are in US dollars.
Prices do not include the Domino Server, Notes client, or operating system software, which you must purchase separately. Price does not include content authoring software for any tutorials that you develop.
Subscription Renewal
You can protect your investment in Self-Help Desk by renewing your subscription every year. If you decide NOT to renew the yearly subscription, you will not be entitled to ongoing product updates or to free product support.
Your subscription provides free access to major and minor upgrades to Self-Help Desk. With a subscription, you can upgrade Self-Help Desk at any time without purchasing new licenses.
Subscriptions also provide you with free technical support to your technical liaison to wareSource. Your annual subscription to Self-Help Desk includes technical support via telephone, email, and our on-line support forum. Only one designated representative from your organization will be authorized to contact our service department. Additional persons can contact us on a paid per-incidence basis.
Subscriptions cost 25 percent of the current license price at the time of renewal for each year of coverage. The annual fee does not increase during the subscription term, regardless of what upgrades and enhancements become available during that time. Coverage begins at the time of purchase and expires in one year.
Subscriptions are sold like any license you would purchase for a software product. Once you purchase the subscription, you are entitled to add a new License Pack document to Self-Help Desk to cover the number of application users. You can purchase future subscriptions at the time of the original purchase (the best way, as you are guaranteed the current license price) or wait until right before the original license pack expires.
Subscriptions are optional coverage you purchase to protect your investment in Self-Help Desk. If you choose not to purchase a subscription before your original license expires, you can continue to use your original software. You are not enabled to install new releases of the software and can no longer receive technical support. You will need to purchase new licenses at full price when you upgrade to a more recent version.
Licensing Details
wareSource and its suppliers grant to Customer a nonexclusive and non-transferable license to use the Self-Help Desk database template provided by wareSource or any of its agents.
BY USING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE.
Licensing of a single Self-Help Desk database template or the entire suite of Self-Help Desk templates allows you:
- Copy the Self-Help Desk database template and create databases from the template on Domino Servers or Notes clients owned and operated by your corporation or organization (or on a 3rd party hosted server).
- Create an unlimited number of database applications from the template.
- Replicate the databases to other Domino Servers or Notes clients.
- Create additional content documents or modify the existing content documents.
Under this license, you cannot:- sell, rent, or otherwise transfer the license or sub-license to other corporations or organizations to use the software as stated in this agreement
- sell derivative "products" created with the Self-Help Desk software or derivatives of the software to other corporations or organizations.
Customer agrees to maintain and reproduce all copyright notices on all copies, in any form, of the Software and documentation in the same form and manner that such copyright notices are originally included on the Software.
The software product is licensed, not sold. The customer does not acquire any intellectual property rights used in constructing the software under this license agreement. Customer agrees not to copy, in whole or in part, decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-readable form. Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of wareSource. Customer shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of wareSource. Customer shall implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with wareSource.
SOURCE CODE LICENSE
Under this license you can modify the code but may not disassemble the software, include its code in other database designs, or significantly change the original purpose and scope of each template design. Under this license agreement you may not resell the modified software or produce or sell any software derived from the code contained in the software.
Modifications to the source code can be made by employees, subcontractors, consultants, and independent contractors of the customer, and all such persons shall be bound by this license agreement. The source code is considered confidential information and the customer shall not disclose this information to third parties except to perform their job duties on behalf of the customer under this agreement. Unauthorized disclosure of confidential information entitles wareSource to seek an injunction to restrain the customer from disclosing this information in whole or part, and has the right to pursue other remedies, including a claim for losses and damages.
LIMITED WARRANTY
wareSource warrants these aspects of the Self-Help Desk database (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software substantially conforms to its published specifications and warrants that the software does not violate or infringe any copyright of a third party. Except as expressly granted in this Agreement, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's sole and exclusive remedy and the entire liability of wareSource and its suppliers under this limited warranty will be, at wareSource or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does wareSource warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. Being based on the Notes/Domino platform, wareSource assumes no responsibility for errors or limitations of this platform.
This warranty does not apply if the Software (a) has been altered, except by wareSource, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by wareSource, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in hazardous activities.
This warranty does not apply if the Software is licensed for beta, evaluation, testing or demonstration purposes for which wareSource does not receive a license fee.
DISCLAIMER
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL EITHER PARTY OR THEIR SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF EITHER PARTY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall either party or their suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
None of the foregoing limitations will any way limit a party from pursuing all of its rights and remedies available under applicable copyright law.
This Agreement is effective until terminated. Customer may terminate this Agreement at any time by destroying all copies of Software including any documentation. This Agreement will terminate immediately without notice from wareSource if Customer fails to comply within 30 days to any provision of this Agreement. Upon termination, Customer must destroy all copies of Software in its possession or control.
Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.
This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software.
wareSource retains the right to change the pricing and licensing policies at any time, applicable to any new licenses granted.
YEAR 2000 COMPLIANCE
wareSource warrants that its software is year-2000 compliant and that it will record, store, process, calculate and present calendar dates falling on or after (and, if applicable, during spans of time including) January 1, 2000, in the same manner, and with the same functionality, data integrity and performance as the licensed software records, stores, processes, calculates, and presents calendar dates on or before December 31, 1999. wareSource also warrants that the software will lose no functionality as a result of introducing records that contain dates falling on or after January 1, 2000. This warrant is dependent and conditional upon the year-2000 compliance of Lotus Notes and Domino and any underlying operating systems, and that the products are installed and operated according to vendor instruction and best-practices available.