XINET

Thank you for your interest in the Xinet Developer Program. The information requested in the application below will help us understand your company’s needs and goals with regard to developing customized solutions that integrate with Xinet technology and our core software products: Xinet FullPress, Xinet WebNative, Xinet WebNative Venture and Xinet WebNative Portal.

In order for your company to be considered for membership in the Xinet Developer Program, all sections of this questionnaire must be completed accurately. This application shall only be valid in conjunction with the Xinet Developer Program terms and conditions including acceptance of the Software Developer License Agreement described below.

All applications reviewed are considered confidential. Xinet responds to applicants within 5-10 business days. If you have questions about the Xinet Developer program, contact developer@xinet.com.

Company Background
Please provide details about your company, including its background and history.

Company Name:

Year Incorporated:

Number of Employees:

Privately or Publicly Held:

Private Public

Name of Parent Company:

Company Web Site URL:

Please provide a brief
company description:

Development Plans
While most Xinet products have been designed with customization in mind, the availability and scope of potential integration with third-party products or other custom programming varies depending on the integration requirements. For example, if your development project entails accessing the server filesystem in a “Xinet-aware” fashion, it’s a much larger project than creating basket plug-ins, display customization, or database integration with Xinet WebNative Venture.

Please provide us with as much information as possible in this section of your application so we can determine the scope of your proposed project and evaluate its integration requirements.

How do you and/or your customers currently use Xinet products?

Why do you want to become
a Xinet Developer?

What development project(s)
do you envision?
Describe the functionality and behavior of the resulting integration.

Which development platforms are you interested in?
For a list of specific platforms and OS versions that Xinet supports, please go to the Tech Specs page.

	Server:

	Sun Microsystems Solaris

	Silicon Graphics IRIX

	Red Hat Linux

	Microsoft Windows 2000 or 2003 Server

	Apple Mac OS X Server

	Client:

	Apple Mac OS X

	Apple Mac "Classic" (OS 9)

	Microsoft Windows

Will you develop for in-house use or commercial distribution and re-sale?

	Development for in-house use

	Development for commercial distribution and re-sale/PC

If for in-house use, list the Xinet software serial number(s) for the machine(s) you will use:
(NOTE: If you chose “in-house”, above, this field is REQUIRED.)

If you intend to develop
for distribution and re-sale,
do you currently have a commercially-available product?
Please explain the functionality, features, and benefits of your product(s). For each product, include the pricing and licensing model.

Which industries and vertical markets do your products serve?

How many end-user installations do you have for each of your products?

What percentage of your installed base is currently using Xinet FullPress, WebNative, or WebNative Venture?

What percentage of your installed base would use your new Xinet-integrated product?

What is the sales and licensing model for your proposed product?
Please include price points and distribution model. If you’d like to offer your new product to international markets, please list countries.

Are your current products closely integrated with any products manufactured by other companies?
If so, please list these other products and explain the integration.

Does your product have
a Web interface?

Does your product have a database? If so, does it use a "fat client" model for database access?

Additional comments:
Please provide technical details about the way your current products are engineered or are integrated with other products.

Developer Program Terms and Conditions
This Xinet Developer Program application is only valid under the terms of the Software Development License Agreement set out below. Please scroll down and read all of the following terms and conditions carefully. If you and your company agree to be bound by all of the terms and conditions, check the box below the Agreement. If you do not agree to be bound by all of the terms and conditions, you cannot be a member of the Xinet Developer Program.

XINET SOFTWARE DEVELOPMENT LICENSE AGREEMENT

This software license agreement  (this "Agreement")  is a legal agreement between you (either as an individual or a business entity) and Xinet, Inc. a California corporation ("Xinet") for the use of the Xinet software issued to you under this Agreement,  including certain beta and other pre-release versions thereof, certain updates and upgrades thereof, and related documentation (collectively, the "Software").  

DO NOT use the Software until you have carefully read this Agreement.   BY USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, promptly return the unused and unkeyed Software to the place from which you obtained it for a full refund.  

1.  Grant of License.   Xinet grants to you a nonexclusive, nontransferable, time-limited license (without the right to sublicense) to use the Software only for the purpose of developing or testing application programs that run with Xinet’s software products.  You may use the Software only on one computer system, and you may make one copy of the Software solely for backup purposes.  You must ensure that the same copyright and other proprietary rights notices appearing in the original copy you receive from Xinet also appears in the backup copy.  You may not use the Software in production environments or for production purposes.  You may not transfer, sell, assign, rent, sublicense or distribute any copies of the Software to others.  Xinet reserves all rights not specifically granted to you. 

2.  Proprietary Rights.   As a licensee, you own the media on which the Software is originally recorded. The Software is copyrighted by and proprietary to Xinet and its suppliers. Xinet and its suppliers retain title and ownership of all copies of the Software.  Should Xinet provide you with any additional code, programs, or libraries (collectively, the "Materials") in connection with your use of the Software or any support services, you may use these Materials only in accordance with this Agreement.   The Materials are copyrighted by and proprietary to Xinet and its suppliers and Xinet and its suppliers retain title and ownership of all copies of the Materials.   Should Xinet authorize your distribution of any such Materials, you may distribute the Materials only as incorporated into your own software application programs in machine-readable code and only for use on or in conjunction with servers that are running Xinet’s commercial software products in accordance with Xinet’s End User Software License Agreement.  The nonexclusive license set forth in this Agreement is not a sale of the Software or any copy. You agree to hold the Software in confidence and to take all reasonable steps to prevent unauthorized disclosure.  Subject to the foregoing, you own all right, title, and interest in and to the software that you develop with the assistance of the Software to the extent that the software you develop is a copyrightable work.

3.	No Other Rights.   Except as stated above, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises, or licenses in respect of the Software. You MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DISASSEMBLE, OR DECOMPILE THE SOFTWARE OR ANY COPY, IN WHOLE OR IN PART.   Xinet reserves the right to alter Software or any other Materials supplied to you at any time, under its sole discretion, and you acknowledge that Xinet is under no obligation to maintain existing Software or other Materials that any applications, programs, or software developed by you may rely on.  Unless otherwise agreed to in writing by Xinet, you may not make any statements that any application or software developed by you is "certified" or that its performance is guaranteed by Xinet.   You acknowledge that Xinet is free to enter into any area of development, including areas which may compete with applications, software, or products developed by you, and Xinet has no obligation to inform you of Xinet’s development plans at any time.   

4.	 Term.   This Agreement is effective until (i) the expiration of all software license keys provided by Xinet to you for the purpose of allowing you to use the Software, or (ii) as earlier terminated as set forth in this Section 4.  Xinet may terminate this Agreement immediately for any reason; provided, however, if Xinet terminates this Agreement, and you have not breached any term or condition of this Agreement, then Xinet will pay to you a pro-rata refund of fees paid by you based on the number of days remaining in the term for such payment.  Upon any termination or expiration of this Agreement, all license rights shall immediately terminate.

5.	 Warranty Disclaimer.  THE SOFTWARE AND ANY RELATED SUPPORT, SERVICES, AND MATERIALS PROVIDED TO YOU BY XINET ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND.   XINET DOES NOT MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE OR ANY RELATED SUPPORT, SERVICES, OR MATERIALS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.


6.	 Limitation of Liability.  IN NO EVENT SHALL XINET'S AGGREGATE LIABILITY UNDER THIS AGREEMENT, OR FOR BREACH HEREOF, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, (i) EXCEED AMOUNTS PAID OR PAYABLE BY YOU TO XINET IN THE PAST TWELVE (12) MONTHS; OR (ii) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS OR PROSPECTIVE BUSINESS INCOME; OR (iii) INCLUDE ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES.  THIS LIMITATION WILL APPLY EVEN IF XINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.  

7.	 Confidentiality.  If you are using any beta or other pre-release version of the Software (the "Beta Software"), you may not disseminate or in any way disclose the Beta Software, or any part thereof, to any person, firm or business; provided, however, that you may disclose the Beta Software to your employees and consultants who need to access such Beta Software and who have previously agreed to be bound by a confidentiality obligation consistent with the obligation set forth in this Section 7.  You will treat the Beta Software with the same degree of care as you accord to your own confidential information, but in any event with no less than reasonable care. 

8.	 Export.   You acknowledge that the laws and regulations of the United States restrict the export and re-export of the Software. You agree that you will not export or re-export the Software or media in any form without the appropriate United States and foreign government approval.

9.	 Choice of Law.   This Agreement will be governed by the laws of the State of California, without regard to conflicts of law provisions thereof.  Any action to enforce any of the rights herein or interpret any provision hereof shall be brought and adjudicated in a state or federal court located in Alameda County, California, and each party irrevocably submits to the jurisdiction of any such court.

10. U.S. Government Restricted Rights Legend.   The Software (including the documentation) is provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at 252.2277013.

11. Integration.   You acknowledge that you have read this Agreement, understand it, and that by installing the Software you agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Xinet and you which supersedes any proposal or prior agreement, oral or written, and any other communications between Xinet and you relating to the subject matter of this Agreement.   No variation of the terms of the Agreement or any different terms will be enforceable against Xinet unless Xinet gives its express consent, including an express waiver of the terms of this Agreement, in writing signed by an officer of Xinet.

I AGREE
By checking this box I agree to be bound by the terms and conditions of the Software Developer License Agreement shown above. As an individual and as an authorized representative of the company which is applying to join the Xinet Developer Program, I confirm that I have the authority to enter into this Agreement.

Program Membership
With enrollment in Xinet's Developer Program, you'll receive a Software Developer's Kit (SDK) license for each of your development platforms. For the duration of your membership term, you'll also receive on-line access to product administration manuals, API documentation, TechNotes, Release Notes, Xinet's standard technical support services, and all SDK software releases (including public betas as they are made available).

Please indicate preferred level of Developer Program Membership:

	$3000	Program membership for one year with MULTIPLE development platforms.

	$2000	Program membership for one year with a SINGLE development platform.

	$900	Program membership for three months with MULTIPLE development platforms.

	$600	Program membership for three months for a SINGLE development platform.

Primary Contact Information
Please provide us with contact information for the primary person we should correspond with if we have any questions about your company's application.

First Name:

Last Name:

Title:

Address:

City:

State/ Province:

Zip/Postal Code:

Country:

Phone:

Fax:

E-mail:

Technical Contact Informationt
Please provide the name of the technical contact for your development project.

Same as Primary Contact:
(leave fields below blank)