Bunker Hill FORE software
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MEMORANDUM
March 27, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: FORE! Reservation License Agreement
Leisure Services Manager Gil Spence recommends City Council approval of the
Reservations License Agreement with FORE for software for the tee time reservation
and point of service system for the Bunker Hill Golf Course.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mictlael c. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
GiI D. Spence, Leisure Services Manager
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MEMORANDUM
March 27, 2006
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manag~
SUBJECT: FORE! Reservation License Agreement
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the
Reservations License Agreement with FORE for software for the tee time reservation
and point of service system for the Bunker Hill Golf Course.
DISCUSSION
The Fiscal Year 2006 golf operations budget contains $15,000 to purchase the
equipment and software to institute a point of service system for the pro shop and snack
bar and a reservation system for tee times.
With a point of service system we will better track inventory in the pro shop and snack
bar and improve staff efficiency by allowing green fees and other pro shop items to be
collected in the snack bar. During slow play periods, one staff person will work both the
pro shop and snack bar, so allowing them to collect money at any register will be very
helpful.
Recreation Division Manager Pat Prevenas has worked with the staff of the Information
Services Department to select and purchase the equipment and City Attorney Barry
Lindahl has reviewed the license agreement.
ACTION STEP
The action requested is that the City Council approve the Reservations License
Agreement with FORE! Reservations, Inc.
GDS:et
attachment
FORE! Reservations LICENSE AGREEMENT
This License Agreement is entered into this 25th day of March, 2006, between FORE! Reservations, Inc., an Illinois corporation
("FORE!"), and City of DuBuque,("Licensee").
WHEREAS, Licensee is the owner and/or operator of Bunker Hill Golf Course.,("Course");
WHEREAS, FORE! is the developer and owner of a customer database and reservations software system for use by golf courses
(the "Software"); and
WHEREAS, Licensee wishes to obtain a non-exclusive license to use the Software in Licensee's operation of the Golf Course and
FORE! wishes to license the Software to Licensee on the terms and conditions set forth herein:
NOW, THEREFORE, in consideration of the promises contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Grant of License. FORE! grants to Licensee a non-exclusive, non-transferable, limited license to use the Software. The
Software is owned by FORE! and is being licensed, not sold to Licensee.
2. Copyright The Software is protected by United States copyright laws and intemational treaty provisions. Therefore, Licensee
may not copy the Software, except that Licensee may (a) copy the Software solely for backup or archival purposes or (b) copy the software to the computer
systems identified on Schedule A.
3. Transfer and Use Restrictions. Licensee may use the Software solely for the purpose of managing the Golf Course. Licensee
may not sell, license, lend, or otherwise transfer the Software to others. Neither Licensee nor any consultant retained by Licensee may reverse engineer,
decompile, disassemble, or customize the Software including but not limited to, any software interface to automate the sale of tee times with Software
through the Intemet or any Intranet site.
4. Duration and Tennination. The initial term of this License Agreement shall be one year from the date of this License Agreement.
This License Agreement shall be automatically renewed for successive one year terms unless the Licensee or FORE! shall give the other party written
notice of nonrenewal at least 30 days prior to the expiration of the initial license term or any renewal term. FORE! may terminate this License Agreement at
any time if Licensee fails to comply with the terms of this License Agreement. Upon termination of this License Agreement, (i) Licensee shall return the
Software and all copies to FORE! and (ii) Licensee shall sign a statement certifying that it has deleted the Software from the hard drive of all computers to
which it was copied and that it has returned the Software and all copies to FORE!.
5. Fee. The fee for the initial term of this License Agreement shall be $500.00, payable upon the execution of this License
Agreement. The license fee for each renewal term shall be determined by FORE!. The installation fee for the product is $800 per day plus travel costs with
a minimum of one day on site. The license fee for any renewal term shall not exceed the license fee for the prior term by more than the percentage
increase in the Consumer Price Index for All Urban Consumers (CPI-U), as announced by the Bureau of Labor Statistics, for the most recent twelve-month
period.
6. Umitsd Warranty. FORE! warrants that the Softvvare will perform substantially in accordance with the accompanying printed
materials and shall be free from defects in material or workmanship under normal use or service for a period during the initial lease term only of 90 days
from the date of receipt. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied
warranty, so the above restrictions may not apply to Licensee.
7. Licensee Remedies. FOREt's entire liability and Licensee's exclusive remedy shall be, at FORE!'s option, either (i) repair or
replacement of the Software that does not meet FORE!'s Limited Warranty and that is returned to FORE!, or (ii) refund of a prorated portion of the license
fee provided that the Software is returned to FORE!. This Limited Warranty is void if failure of the Software resulted from accident, abuse or misapplication.
Any replacement Software will be warranted for the remainder of the original warranty period.
8. NO OTHER WARRANTIES. To the maximum extent pennttted by applicable law, FOREI disclaims all other warranties,
either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to
the Software and the accompanying written materials. This limited warranty gives you specific rights. You may have other rights, which vary
from state to s_.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent pennltted by applicable law, In no event shall
FOREI be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of
business infonnation, or other pecuniary loss) arising out of the use or inability to use the Software, even If FOREI has been advised of the
possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
10. Updates. FORE! will provide Licensee, at no additional cost, any updates, error corrections, modifications, or enhancements
(collectively "Updates") for the Software, when such Updates are developed by FORE! and generally made available to other Licensees of the Software at
no additional cost. Any other Updates developed by FORE! will be offered to Licensee at the same fee offered to other Licensees. Determination of
whether an Update will be made available at no additional fee or will be made available only for an additional fee is the sole and exclusive right of FORE!
11. Support Services. FORE! shall provide Licensee telephone access to FORE! personnel during normal business hours to help
Licensee in answering routine questions with respect to the Software.
12. Entire Agreement. This License Agreement shall constitute the entire understanding of the parties with respect to the subject
matter hereof and supersedes any and all prior understandings and agreements, written or oral, relating thereto. Except as otherwise provided herein,
FORE! may amend the terms and conditions of this License Agreement by giving Licensee at least 60 days prior written notice thereof and giving Licensee
the option to terminate this License Agreement within 30 days of receipt of such notice.
13. Notices. All notices referred to herein shall be sufficient if delivered by: (i) personal delivery; (ii) facsimile with confirmation; or
(iii) certified mail, return receipt requested to the respective parties at the addresses set forth above their signatures to this Agreement, or such other
addresses as they shall from time to time fumish to each other by written notice.
14. Governing Law. This License Agreement shall be govemed by and construed in accordance with the substantive laws of the
State of Illinois.
15. Attorneys' Fees. In any action for breach of this license Agreement, the prevailing party shall be entitled to its reasonable
attomeys' fees and out-of-pocket expenses.
16. Severability. In the event that any provision of this license Agreement shall be invalid or unenforceable, such invalidity or
unenforceability shall not invalidate or render unenforceable any other provision hereof.
17. Counterparts. This License Agreement may be executed in one or more counterparts, each of which shall be an original, but all
of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, each of the parties has caused this License Agreement to be executed as of the date first written above.
FOREI RESERVATIONS, INC.
5019 Grand Avenue
Western Springs, IL 60558
Bunker Hill Golf Course
2200 Bunker Hili Road
Dubuque, IA 52001
By:
By'
Harry R. Ipema
President
SCHEDULE A TO
LICENSE AGREEMENT
MANUFACTURER MODEL DESCRIPTION
SERIAL NUMBER
FORE! Sell LICENSE AGREEMENT
This License Agreement is entered into this 25th day of March, 2006, between FORE! Reservations, Inc., an Illinois corporation
("FORE I"), and City of DuBuque,("Licensee").
WHEREAS, licensee is the owner and/or operator of Bunker Hill Golf Course.,("Course");
WHEREAS, FORE! is the developer and distributor of a customer database and Point of Sale software system for use by golf
courses (the "Software"); and
WHEREAS, Licensee wishes to obtain a non-exclusive license to use the Software in licensee's operation of the Golf Course and
FORE! wishes to license the Software to Licensee on the tenns and conditions set forth herein;
NOW, THEREFORE, in consideration of the promises contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Grant of License. FORE! grants to Licensee a non-exclusive, non-transferable, limited license to use the Software. The
Software is Distributed by FORE! and is being licensed, not sold to Licensee.
2. Copyright. The Software is protected by United States copyright laws and intemational treaty provisions. Therefore, Licensee
may not copy the Software, except that Licensee may (a) copy the Software solely for backup or archival purposes or (b) copy the software to the computer
systems identified on Schedule A.
3. Transfer and Use Restrictions. Licensee may use the Software solely for the purpose of managing the Golf Course. Licensee
may not sell, license, lend, or otherwise transfer the Software to others. Neither Licensee nor any consultant retained by Licensee may reverse engineer,
decompile, disassemble, or customize the Software including but not limited to, any software interface to automate the sale of tee times with Software
through the Internet or any Intranet site.
4. Duration and Tennination. The initial term of this License Agreement shall be one year from the date of this License Agreement.
This License Agreement shall be automatically renewed for successive one year terms unless the Licensee or FORE! shall give the other party written
notice of non renewal at least 30 days prior to the expiration of the initial license term or any renewal term. FORE! may terminate this License Agreement at
any time if Licensee fails to comply with the terms of this License Agreement. Upon termination of this License Agreement, (I) Licensee shall retum the
Software and all copies to FORE! and (ii) Licensee shall sign a statement certifying that it has deleted the Software from the hard drive of all computers to
which it was copied and that it has retumed the Software and all copies to FORE!.
5. Fee. The fee for the initial term of this License Agreement shall be $500.00, payable upon the execution of this license
Agreement. The license fee for each renewal term shall be determined by FORE!. The installation fee for the product is $800 per day plus travel costs with
a minimum of three days on site. The license fee for any renewal term shall not exceed the license fee for the prior term by more than the percentage
increase in the Consumer Price Index for All Urban Consumers (CPI-U), as announced by the Bureau of labor Statistics, for the most recent r.velve-month
period.
6. Limited Warranty. FORE! warrants that the Software will perform substantially in accordance with the accompanying printed
materials and shall be free from defects in material or workmanship under normal use or service for a period during the initial lease term only of 90 days
from the date of receipt. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied
warranty, so the above restrictions may not apply to licensee.
7. Licensee Remedies. FORE!'s entire liability and Licensee's exclusive remedy shall be, at FORE!'s option, either (i) repair or
replacement of the Software that does not meet FORE!'s Limited Warranty and that is retumed to FORE!, or (ii) refund of a prorated portion of the license
fee provided that the Software is retumed to FORE!. This Limited Warranty is void if failure of the Software resulted from accident abuse or misapplication.
Any replacement Software will be warranted for the remainder of the original warranty period.
8. NO OTHER WARRANTIES. To the maximum extent pennittod by applicable law, FOREI disclaims all other warranties,
either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to
the Software and the accompanying written materials. This limited warranty gives you specific rights. You may have other rights, which vary
from s_ to s_.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent pennittod by applicable law, in no event shall
FOREI be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of
business infonnation, or other pecuniary loss) arising out of the use or inability to use the Software, even if FOREI has been advised of the
possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
10. Updates. FORE! will provide Licensee, at no additional cost, any updates, error corrections, modifications, or enhancements
(collectively "Updates") for the Software, when such Updates are developed by FORE! and generally made available to other Licensees of the Software at
no additional cost. Any other Updates developed by FORE! will be offered to Licensee at the same fee offered to other Licensees. Determination of
whether an Update will be made available at no additional fee or will be made available only for an additional fee is the sole and exclusive right of FORE!
11. Support Services. FORE! shall provide Licensee telephone access to FORE! personnel during normal business hours to help
Licensee in answering routine questions with respect to the Software.
12. Entire Agreement. This License Agreement shall constitute the entire understanding of the parties with respect to the subject
matter hereof and supersedes any and all prior understandings and agreements, written or oral, relating thereto. Except as otherwise provided herein,
FORE! may amend the terms and conditions of this License Agreement by giving Licensee at least 60 days prior written notice thereof and giving Licensee
the option to terminate this License Agreement within 30 days of receipt of such notice.
13. Notices. All notices referred to herein shall be sufficient if delivered by: (i) personal delivery; (Ii) facsimile with confirmation; or
(iii) certified mail, return receipt requested to the respective parties at the addresses set forth above their signatures to this Agreement, or such other
addresses as they shall from time to time furnish to each other by written notice.
14. Governing Law. This License Agreement shall be governed by and construed in accordance with the substantive laws of the
State of Illinois.
15. Attorneys' Fees. In any action for breach of this License Agreement. the prevailing party shall be entitled to its reasonable
attomeys' fees and out-of-pocket expenses.
16. Severability. In the event that any provision of this License Agreement shall be invalid or unenforceable, such invalidity or
unenforceability shall not invalidate or render unenforceable any other provision hereof.
17. Counterparts. This License Agreement may be executed in one or more counterparts, each of which shall be an original, but all
of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, each of the parties has caused this License Agreement to be executed as of the date first written above.
FOREI RESERVATIONS, INC.
5019 Grand Avenue
Western Springs, IL 60558
Bunker Hill Golf Course
2200 Bunker Hill Road
Dubuque, IA 52001
By:
Harry R. lpema
President
By:
SCHEDULE A TO
LICENSE AGREEMENT
MANUFACTURER MODEL DESCRIPTION
SERIAL NUMBER