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Get to know partnership agreement - Fast Report generator net

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Get to know partnership agreement - Fast Report generator  net Powered By Docstoc
					License Agreement № FRD _____

Victoria Seychelles                                             Date: __ _____________ 20__

Fast Reports, Inc. with its principal place of business at Oliaji Trade Center Victoria
Seychelles hereinafter referred to as the Licensor in the person of Philippenko Michael
(CEO), acting under by-law on the one part and ----------------------, hereinafter referred to
as the Partner, registered and established in accordance with the <your country> in the
person of------------------------------------------------------------------------------------------- acting
under ----------------------------------------from the other part, together called PARTIES and
separately PARTY, governed by the law of Seychelles, have made the present
Agreement ( further called “Agreement”) about the following:

1. General concepts

1.1. “The Product” is considered to be any Program Product of Fast Reports, Inc.. The full
list is available in Enclosure.
1.2. “The area of Agreement” is the area of <countries>.
1.3. “Client(s)” are persons, who want to purchase the Product.
1.4. “NFR Product version” is the Product’s copy, which is transferred to the Partner for
only independent use under the terms of the present Agreement and is not meant for
sale or other assignment to third Parties.

2. Subject of an Agreement

2.1. The Licensor gives the Partner non-exclusive rights (ordinary license) for usage and
Fast Reports program product distribution(further called “Products”) on the territory of the
Agreement within the limits and by means as noted below.
2.2. The Licensor gives the Partner the following non-exclusive rights:
a) A right to distribute the Product’s copies by organizing channels of distribution in
accordance with the method described in item 3.12. of the present Agreement. Product’s
copies distribution
by other means is not allowed;
b) A right of independent usage of one NFR Product version in accordance with the
License Agreement, included in Product delivery, in the following form and methods in
addition to those mentioned in the License Agreement, included in Product delivery:
reproduction of one NFR Product version copy on one PC (notebook) for presentation to
Clients as well as reproduction of one NFR Product version copy on one PC of
designers without a right of public access or Clients access and commercial enclosure
working up.
2.3. The Partner doesn’t have a right to copy the Product except cases, explicitly
provided by the present Agreement. At that a record made in electronic media as well as
a record in PC memory is also considered to be a reproduction, except the case when
such record is temporary and is an integral and essential part of engineering process, the
only goal of which is lawful usage of a record.
2.4. The Partner has a right to get NFR Product version during Agreement validity and
terms, mentioned in item 3.17. of the Present Agreement.

3. Special conditions

3.1. A Licensor guarantees that he has all rights, provided to a Partner under the present
Agreement.
3.2. A Licensor gives a Partner both technical and other advisory support, connected with
Product use in accordance with the present Agreement as well as Licensing Agreement
composed of the Product.
3.3a. A Licensor has the right to change the conditions of the present Agreement in
accordance with established procedure, including price policy as to a Product. A Licensor
covenants (is obliged ) to make one-sided changes at one time only with respect to all
Partners and inform them about such changes at least 30 calendar days before coming
those changes into effect by placing such at Licensor’s web site and by e-mail address,
stated by a Partner in article 9 of the present Agreement.
3.3b. All minor updates (from version 4.7 to 4.8 and so on) free. All major upgrades (from
version 4.* to 5.* and so on) for 1/2 of actual cost.
3.4. A Partner has the right for discounts when purchasing the following Product’s
examples provided by the Licensor. The system of discounts for a Partner is determined
by Amendment № 2 as to the present Agreement.
3.5. A Partner covenants to place the information about the Product in his official price list
as well as in the list of the services provided with prices indicated but not lower than
those published at Licensor’s website.
3.6. A Partner has the right to include to the price some additional services at the
expense of his discount when purchasing the Product’s examples such as reports design
services, Product set up, enclosure integration, etc.
3.7. A partner doesn’t have the right to sell the Product at prices lower than indicated at
website
http://fast-report.com/en/buy/ at Licensor’s website. Discounts for Clients can be provided
only in written form with the Licensor.
 3.8. A Licensor covenants to place at his website information about a Partner as well as
contact information, back up services and reference to a Partner’s website.
 3.9. A Partner purchases the Product as stated in the Agreement.
 3.10. Receiving application for an invention and projects development as well as
Licensor’s reports from the Licensor’s website by e-mail or telephone calls received from
Clients who chose the Licensor’s Products, a Partner doesn’t have the right to offer
Clients some other computer programs, meant for report generation.
3.11. The Partner is obliged to purchase the Product’s copies from the Licensor’s website
www.fast-report.com and pay for orders through registration service of Fast Reports, Inc.
or in a different way offered by the Licensor.
3.12. The Product distribution should be carried out as follows: The Partner makes the
Licensor a request for purchasing one or several copies of the Product with the following
payment at the price, indicated at the Licensor’s website www.fast-report.com on the
order day with discount, mentioned in Enclosure №2. When ordering The Partner
specifies himself as a Payer and the Client as a Receiver of the Product’s copy. After
payment ,the Licensor presents the Partner Product’s copy with a registration key as well
as licensing agreement to give it to the Client. The methods and the Product’s usage
extent are determined by the Licensor in the licensing agreement.
3.13. The Partner has a right to use the Licensor’s logotypes when advertising and
placing information about the Product at the Partner’s website.
3.14. In case of claims or bringing an action concerning rights breach of third parties,
directly dealt with the present Agreement, the Partner informs the Licensor, who is
obliged to settle a claim or to take other steps in order to avoid loss and expenses of the
Partner.
3.15. The Product is a result of intellectual activity as well as the object of author's rights
as a computer program, regulated and protected both by Seychelles legislation about
intellectual property and law of nations.
3.16. The Partner is obliged to protect the Licensor’s rights in accordance with the
licensing agreement. The Partner is obliged to inform the Licensor without delay about
any cases of breaching terms of agreement by Clients.
3.17. The Partner has a right to receive for free one NFR version of the Product under
the following conditions:
a) To place at the website the Licensor’s logotype, indicating a title “The official partner of
“Fast reports” referred to the Licensor’s official site;
b) To keep the Product’s logotype as well as the title and reference at the website for the
whole duration of agreement:
c) To stop using free NFR version of the Product as well as its copies in view of
denunciation;
d) In the course of year from the time of receiving the NFR version of the Product to sell
Product’s copies to the sum of not less than two charges of Product’s version chosen by
him;
In case of non-compliance to sub item 3.17. d) the Partner is obliged to purchase the
NFR version of the Product at the Partner’s price.

4. Parties’ responsibility

4.1. The Parties are responsible for disregarding of provision (non-compliance) or
improper compliance of terms of Agreement in accordance with the legislation.

5. Solution and applicable law

5.1. The present Agreement is regulated by legislation of Russian Federation. All issues
should be decided in accordance with Russian law regulations, except private
international law regulations of Russian Federation.
5.2. Disputes between the Parties under the present Agreement are solved by
negotiations or examined in arbitrage in Rostov-on-Don in accordance with arbitration
code of practice of Russian Federation.

6. Contract termination

6.1. Effect of the present Agreement can be determined at any moment by its
denunciation mutually agreed by the Parties and recorded in written form.
6.2. In case of determination or liquidation of one of the Parties the order of rescinding
Agreement is determined by Seychelles legislation.

7. Force irresistible circumstances

The Parties are completely or partly free of responsibility for default on an obligation
under the present Agreement, if it was a result of force irresistible circumstances such as
natural disasters, strikes, wars, adoption of statutes as well as by-laws by state
authorities, precluding discharge of the Agreement, etc., which took place after making of
the present Agreement as a result of force irresistible circumstances.

8. Currency of Agreement

8.1. The present Agreement will take effect after signing by both Parties and will act
during twelve months since signing.
8.2. If neither of the Parties wants to terminate an Agreement in a written form within 30
days before termination of Agreement, it will be extended up to the following 12 months.
8.3. The present Agreement is drawn up in English language in duplicate and has equal
legal effect. One of the duplicates is at Licensor’s and the other one is at the Partner’s.
9. Legal addresses, bank requisites and Parties signatures.

                                                        Date: ___ __________________ 20__

                 The Licensor                                     The Partner
Requisites                                           Requisites
Fast Reports, INC.
Oliaji Trade Center Victoria Seychelles
CREDIT APPLICATION
Company Information


Company Name: Fast Reports Inc.
Contact Person: Michael Philippenko
Billing Address: Oliaji Trade Center
City/State/Zip: Victoria Seychelles
Phone: +7 (863)2270740
FAX: +7 (863) 2270740

Bank Reference
Name of Bank: Aizkraukles Banka
Address: 23 Elizabetes str., Riga, LV-1010, Latvia
Account No.: LV09AIZK0001140029850 (IBAN)
S.W.I.F.T. Code: AIZK LV 22
Intermediary bank:
 Deutsche Bank Trust Company Americas, New
York, USA
 SWIFT BKTR US 33
 acc 04412459
                The Licensor                                      The Partner
              Fast Reports, Inc.
Enclosure №1 to the Agreement № FRD ___ of                     “___“ ___________ 20__.

Licenses cost:

FASTREPORT4 VCL                                                           Single   Team     Site
Basic Edition                                                             $79      $279     $1 490
Standard Edition                                                          $179     $579     $3 590
Professional Edition                                                      $249     $779     $4 790
Enterprise Edition                                                        $349     $1 179   $6 790
FastReport4 Designer                                                      $79
FastReport 4 Basic Edition
                          update with FastReport 2
                                                                          $39
                          update with FastReport 3 Basic Edition
FastReport 4 Standard Edition
                          update with FastReport 2                        $139
                          update with FastReport 3 Basic Edition          $139
                          update with FastReport 3 Standard Edition       $99
                          update with FastReport 4 Basic Edition          $99
FastReport 4 Professional Edition
                          update with FastReport 2                        $199
                          update with FastReport 3 Basic Edition          $209
                          update with FastReport 3 Standard Edition       $169
                          update with FastReport 3 Professional Edition   $139
                          update with FastReport 4 Basic Edition          $169
                          update with FastReport 4 Standard Edition       $69
FastReport 4 Enterprise Edition
                          update with FastReport 2                        $299
                          update with FastReport 3 Basic Edition          $309
                          update with FastReport 3 Standard Edition       $269
                          update with FastReport 3 Professional Edition   $239
                          update with FastReport 3 Enterprise Edition     $199
                          update with FastReport 4 Basic Edition          $269
                          update with FastReport 4 Standard Edition       $169
                          update with FastReport 4 Professional Edition   $99
FASTREPORT®.NET                                                           Single   Team     Site
Basic Edition                                                             $99      $299     $1 490
Win forms Edition                                                         $299     $999     $2 990
Win forms + Web forms Edition                                             $349     $1 199   $3 490
Professional Edition                                                      $499     $1 599   $5 990
Upgrade                                                                   Single   Team     Site
from Basic Edition to:
Win forms Edition                                                         $200     $700     $1 500
Win forms + Web forms Edition                                             $250     $900     $2 000
Professional Edition Edition                                              $400     $1 300   $4 500
from Win forms to:
Win forms + Web forms Edition                                             $50      $200     $500
Professional Edition                                                      $200     $600     $3 000
from Win forms + Web forms to:
Professional Edition                                                      $150     $400     $2 500
Prolonging technical support for one year:                                Single   Team     Site
Basic Edition                                                             $30      $90      $449
Win forms Edition                                                         $90      $300     $899
Win forms + Web forms Edition                                             $109     $360     $1 049
Professional Edition Edition                                              $150     $480     $1 799
FastReport Studio                                                         Single   Team     Site
Developer Edition                                                         $349     $799     $6790
FastReport Studio Business Edition                                        $249
FastReport Studio Designer                                                $99
FastCube                                                                  Single   Team     Site
Standard Edition                                                          $179     $579     $3590
Professional Edition                                                      $249     $779     $4790
FastReport Server                                                         $499
FastQueryBuilder                                                          $69
FastScript                                                              $79
FastReport VCL Olap Pack                                                Single   Team     Site
FastReport4 VCL 4.8 Standard + FastCube VCL 1.6 Standard                $329     $1,049   $6,469
FastReport4 VCL 4.8 Professional + FastCube VCL 1.6 Professional        $449     $1,399   $8,629




                The Licensor                                       The Partner
              Fast Reports, Inc.


              ______________                                       _______________
Enclosure №2 to the Agreement № FRD ___ of             “___“ _________ 20__.

Partners’ discounts depend on Product cost for Clients.

 The Partner has the following discounts when purchasing Product’s copies from the
Licensor, which depend on monthly number of sold licenses.


                           1-10 registrations          25 % from order sum total
                           11-20 registrations         30 % from order sum total
                           21-30 registrations         35 % from order sum total
                           31 and more registrations   40 % from order sum total

The Partner has an opportunity to have extra discounts if he takes part in certification
program. The terms of certification are determined by the Licensor and placed at the
Licensor’s website.

                 The Licensor                                     The Partner

              Fast Reports, Inc.


              _______________                                    ______________

				
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