PRODUCT SCHEDULE
Customer Legal Name / LAWRENCE L. JETT, JR.Street Address / RR 8, BOX 1228
City / DONIPHAN
State/Province / MO
Postal Code / 63935
Country / USA
Contact Name / LAWRENCE L. JETT, JR.
Phone / 573-996-2835
Fax / N/A
Email /
Codes Contact
* Is the installation address the same as above: x Yes No. If “No”, please provide full installation address including country: .
GENERAL PROVISIONS
1. Order. Customer hereby orders the Licensed Products and Services described on Exhibit A. Customer agrees that this order shall be governed by the terms and conditions of the most current written license agreement (including any Windchill addendum, if applicable) between PTC and Customer (“License Agreement”), as supplemented by this Product Schedule. In the event of conflict between this Product Schedule and the License Agreement, the terms and conditions of this Product Schedule shall prevail with respect to the conflicting terms. Capitalized terms used herein and not otherwise defined have the meanings set forth in the License Agreement.
If this Product Schedule includes consulting services, such services will be governed by the most current written Global Services Agreement between PTC and Customer and any Statement of Work that specifies that it governs such services, or such other written agreement between PTC and the Customer that specifies that it governs such consulting services.
2. Shipping and License Grant. Shipping of all Licensed Products will be FOB shipping point. Upon shipment of the Licensed Products or upon PTC providing electronic access to the Licensed Products, PTC hereby grants Customer a License to the Licensed Products listed on Exhibit A to this Product Schedule. The License Term for all Licensed Products will be perpetual (subject to earlier termination pursuant to the License Agreement), unless a different License Term is specified on Exhibit A.
3. Maintenance. The initial Maintenance Plan(s) selected on Exhibit A, if any, shall commence upon shipment of the Licensed Products. Maintenance Services will not be provided during the Warranty Period unless purchased as part of a Maintenance Plan. Maintenance Services may not be purchased after shipment unless Customer pays or has paid the applicable fees for Maintenance Services for the entire period from shipment.
The Licensed Products ordered herein and additional terms and conditions are set forth on the following pages.
CUSTOMER
Authorized Signature
Name / LAWRENCE L. JETT, JR.Title / CADD ADMIN/DEVELOPER
Date / 09-27-05
DESCRIPTION OF LICENSING BASIS:
The Licensed Products in the following suites of products are Registered User Products: Windchill and ProductView (except PartsLink Catalog, ESI and the ProductView Adapters, which are all Designated Server Products).
The Licensed Products in the following suites of products are Concurrent User Products: Pro/ENGINEER (except Pro/ENGINEER Application Programming Toolkit, which is a Registered User Product); Pro/INTRALINK (except Pro/INTRALINK Toolkit Access, which is a Registered User Product); CADDS; Pro/DESKTOP; Pro/CONCEPT; and InterComm (except where the InterComm product description includes the term “enabled,” in which case such InterComm Licensed Product is a Registered User Product, and except that InterComm EDA Compare and InterComm EDA Conduit are Designated Server Products).
The Info*Engine Adapters, the ESI Adapters and the InterComm Interfaces are all licensed on the basis that one License is required for each instance of a system to which the applicable product connects.
Where a Licensed Product is a package that contains software from different suites of PTC products, the licensing basis of each component of the package shall be as set forth above. The Windchill PDMLink and Windchill ProjectLink Registered User Licenses bundled with the Pro/ENGINEER Flex3C Package are Licensed on a Registered User basis and must be assigned in combination to a single Pro/ENGINEER user (i.e., Customer cannot assign to two different users and cannot assign to users outside of the group of Pro/ENGINEER users).
PRODUCT-SPECIFIC PROVISIONS
The following two paragraphs apply solely to Licensed Products from PTC’s suite of Windchill software:
“Light Users” refers to Permitted Users who primarily work within the following organizations or functional areas within Customer’s organization: manufacturing, production; purchasing; finance; quality; sales; service and support; and marketing, provided, however, that any Permitted User who has substantial duties within the following areas shall not be considered a Light User: product engineering; manufacturing engineering; application engineering; product management; Windchill system administration; program office; and procurement engineering. “Heavy Users” refers to Permitted Users who are not Light Users. Customer shall assign Light User Licenses only to Permitted Users who are Light Users and shall not assign (or reassign) Light User Licenses to Heavy Users unless and until Customer pays the applicable upgrade fee(s) for software and maintenance.
“External Users” refers to Permitted Users who are vendors, third parties and others external to the Customer and its affiliates. Customer shall assign External User Licenses only to Permitted Users who are External Users and may reassign an External User License to another External User at no additional license fee, provided that an External User License may not be used by more than one External User during any calendar month.
The following paragraph applies solely to Licensed Products from PTC’s suite of CADDS software: Usage License Fees apply to all CADDS products.
The following paragraph applies solely to Licensed Products from PTC’s suite of InterComm software: Whenever a Unix version of InterComm software incorporates Mainsoft's MainWin Dedicated Libraries, the following additional terms apply:
o A 3 to 1 ratio may not be exceeded between the numbers of users with access to the InterComm software and the number of Licenses purchased; and
o Mainsoft's proprietary rights and the Libraries are protected to the same degree as the terms and conditions of the Agreement and Licensor makes no representations or warranties on behalf of Mainsoft. Microsoft Corporation is a third party beneficiary of this License Agreement.
The following paragraph applies solely to purchases of Pro/FICIENCY: Customer has the option to host Pro/FICIENCY for Customer’s internal use on servers maintained by Customer. Customer also has the option to receive available upgrades for the remaining years of the License Term after the initial (1st or 2nd – circle one) year of the License for an annual upgrade charge of five percent (5%) of the initial order. The content of Pro/FICIENCY may be accessed only by the Registered User for whom the License is purchased.
The following paragraph applies solely to purchases of PTC University: Customer has the option to host Self-Paced PTC University for Customer’s internal use on servers maintained by Customer. Customer also has the option to receive available upgrades and support services for the remaining years of the License Term after the initial (1st or 2nd – circle one) year of the License for an annual upgrade charge of $. The content of PTC University may be accessed only by the Registered User for whom the License is purchased.
The following paragraph applies to uses of the ESI Adapter in a non-production environment: For use of an ESI Adapter in a non-production environment, up to 75 of Customer’s developers may have desktop access to the ESI Adapter solely for testing, pre-production implementation and support of the ESI Adapter.
Oracle Components: To the extent any Oracle software or documentation is included in or with the Licensed Products (the “Oracle Software”), Customer understands and agrees that the Oracle Software is subject to a restricted use license and may only be used in conjunction with the Licensed Products, and that Customer will not modify the Oracle Software or publish the results of any benchmark tests run on the Oracle Software. Oracle Corporation is a third party beneficiary of the License Agreement.
The following paragraph applies solely to purchases of maintenance for Pro/CONCEPT and Pro/DESKTOP: The Maintenance Plan for Pro/CONCEPT does not include technical support, and entitles Customer only to New Releases. Maintenance is no longer available for Pro/DESKTOP.
Exhibit A to Product Schedule
Customer Name:
SOFTWARE:
Qty / Part # / Product / License Term (if not perpetual)1 / PKG-3635-F / Pro/ENGINEER FlexAdvantage MDO Package
MAINTENANCE:
Qty / Part # / Product1 / MD0-3635F-T1 / Pro/ENGINEER FlexAdvantage MDO Package
SERVICES:
Qty / Part # / Product2 ChPS (051005)