ээээээээээээээээээээээээ ш здддддддддддддддддд© ш ш Ё Ё ш ш Ё /""\ Ё ш ш Ёд╥ O/O-: Ё ш ш Ё ╨ м / Ё ш ш Ё ╨ .ммм\_/мммм© Ё ш ш Ёб╫ / б . б Ё Ё ш ш Ёад©/ / Ё . Ё Ё Ё ш ш Ё тмммммм© / / Ё ш ш юдддддддддддддддддды ш ъъъъъъъъъъъъъъъъъъъъъъъъ жд© жд© ждддддд© жддд© жд© жддддд© жддддд© ждддддд© жд© ╨ Ё ╨ Ё ╨ здд╥ Ё ╨ ю© ╨ Ё сд╥ зды ╨ зддды с╥ зд╥ Ё ╨ Ё ╨ Ёжд©╨ Ё ╨ юдд╫ Ё ╨ ц╥ ю©╨ Ё ╨ Ё ╨ юд© ╨ Ё ╨ Ё ╨ Ё ╨ Ё╨ Ё╨ Ё ╨ здд╥ Ё ╨ Ёс╥ ю╤ Ё ╨ Ё ╨ зды ╨ Ё ╨ Ё сды ╨ ю╫ ю╫ Ё ╨ Ё ╨ Ё ╨ Ё с╥ Ё ╨ Ё ╨ юддд© ж╫ юд╫ Ё жд© сддддддды сды сды сды сддды сды сддддды сдддддды сды -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- In previous versions of Terminate, the following reward was posted: "Intershop Ltd will pay a cash reward of one hundred pounds sterling (°100) to the first person furnishing us with an address in the United Kingdom where writs may effectively be legally served on Mr Bo Bendtsen, original author of Terminate, believed now resident in South East London and previously resident at Kastanie Alle 14, 2620 Albertslund, DENMARK Radek Taus, Managing Director For and on behalf of INTERSHOP LIMITED Software Factory Rue du Moulin Isle of Sark GY9 0SA Confidential Telephone: (01481) 832650 [ Intershop Ltd believes that it is in everyones (except Bo Bendtsens) best interests that the copyright ownership of Terminate (and other matters) be established beyond reasonable doubt in a court of law. Unfortunately, in most english speaking jurisdictions, neither civil nor criminal actions can proceed in the defendants' absence. Both the Registered Office and trading addresses of Intershop Ltd are matters of public record at Companies House in Edinburgh. By contrast, Bo Bendtsen has behaved as a fugitive from justice and refused to divulge an address for service as he is legally obliged to do under The Business Names Act 1985. ]" We are pleased to say that we believe we have now received accurate information from two previous Terminate REGsites as to the fugitive Bo Bendtsens current domicile in south east London. Unfortunately, during the period that we kept observation (from 20th to 30th of March 1995) he was not seen to either enter or leave his domicile and did not answer the doorbell when we rang it. However, our General Manager, George Collins, has now made some progress in serving his *own* writs for defamation and breach of contract. The letter from GC reproduced below shows that we should not give up hope of being able to effectively serve Bo Bendtsen and his alias organisations with civil writs so as to avoid the alternative of having him arrested to face criminal prosecutions rather than civil actions. Therefore, a cheque for °100 has now been posted to Finland: " GEORGE COLLINS Rue du Moulin Isle of SARK GY9 0SA 26 May 1995 Abbott King & Troen, Solicitors & Danish Lawyers fao Michael Tackley Holbrooke House 14 Great Queen Street Your Ref: MOT\1827.2.1, 3.8 LONDON 'phone: 0171-430 1709 WC2B 5DG Not Faxed to: 01-71-83-14-441 Dear Sirs RE: George Collins -v- Bo Bendtsen, SerWiz Com, Strathrory Systems Ltd and George Collins -v- Bo Bendtsen & Others:- 95C Nos:954 - 960 Thank you for your four letters dated 11 May 1995 read by me today. (I have been away in London and Ireland attempting to serve the Defendants in these cases and I confirm that service has now been effective on SerWiz Com as a firm, Christen Hoegsberg as a partner in the firm of SerWiz Com, and Steve Stacher and Gary Smith. In this regard, I shall be away in the CIS for the next few weeks readying the release of the final version of Terminate and its' renamed replacement, currently code named "Project CAIN".) You say, in your first letter, that you "have been instructed to act for the above who have been informed that you are endeavouring to serve a Writ upon them claiming specific performance of an agreement, an injunction and damages." Before I send you the service copies of the High Court Writs can you confirm that a) you have accepted those instructions b) you act for all of the defendants and will accept service on behalf of all defendants (ie Bo Bendtsen as a natural individual, Bo Bendtsen as a partner in the firm of SerWiz Com, Christen Hoegsberg as a partner in the firm of SerWiz Com, Pia Muller as a partner in the firm of SerWiz Com, Dietmar Kneidl as a partner in the firm of SerWiz Com, Mike Dickson as a partner in the firm of SerWiz Com, and the corporation of Strathrory Systems Ltd) I seek specific and explicit clarification because it might be thought that there is an ethical conflict in your firm representing a) Christen Hoegsberg since your Mr Per Troen may be required as a witness in the complaint before the Law Society that Christen Hoegsberg held himself out as "Dan Law Solicitors" after leaving your firm despite not being qualified to do so in England and Wales. b) both Strathrory Systems Ltd and a [presumed] Director (Bo Bendtsen) of that corporation since, if the case is proved, he will have failed in his responsibilities towards the corporation and the shareholders of that corporation. I also seek to know under the provisions of the Business Names Act 1985 and the various Companies Acts: a) The names of all the proprietors or partners in the firm of SerWiz Com and the address at which they may effectively be served b) Whether Strathrory Systems Ltd is incorporated with Limited Liability, in which jurisdiction and where it's Registered Office is situate since none of these required details have been provided to the Registrar of Companies as both domestic and foreign corporations trading within England are required to do under penalty of law. Because for many months Bo Bendtsen had behaved as a fugitive and refused to answer his doorbell (even when police were present) the company for which I work offered the following reward: "Intershop Ltd will pay a cash reward of one hundred pounds sterling (°100) to the first person furnishing us with an address in the United Kingdom where writs may effectively be legally served on Mr Bo Bendtsen, original author of Terminate, believed now resident in South East London and previously resident at Kastanie Alle 14, 2620 Albertslund, DENMARK" Will you also accept the Writs that Intershop Ltd wishes to serve alleging breach of contract, copyright infringement and fraud? If so, can you formally confirm that you waive your rights to the reward so that it can be paid to another informant? Sincerely yours Dr G Collins PS: In my case, I regard the "Esq" as a superfluous archaism and both impolite and incorrect." -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Although Intershop Ltd's development of Terminate has so far cost a five figure sum, Intershop Ltd has now declared ALL versions of Terminate to be FREEWARE with no legal obligation on users to pay for their continuing use. This is to make it quite clear that Intershop Ltd has not received NOR WILL NOT RECEIVE one single penny from the Terminate program until legal action to clarify the situation has commenced. [ Equally, Intershop Ltd has no objection to people CHOOSING to register at any of the Registration Sites listed within the 1.60 and 1.70 distribution archives (now withdrawn from distribution) since it would otherwise be unfair that those Registration Sites hard work in support of Terminate go unrewarded. In this regard, we must make it quite clear that, despite the similarity in names, Intershop Ltd and the EIRE-GB and Electronic REGsite, Interstop (note the differing 7th letter) are entirely different, separate and distinct organisations with no overlap in ownership or control. Interstops' constitution was promulgated in 1988 while Intershop Ltd was only incorporated at the wish of Bo Bendtsen in January 1994.] Intershop Ltd hired an alternative programming team to develop Terminate only when it became clear that the original author of the program, Bo Bendtsen late of Albertslund, Denmark, did not intend to honour the promises he had made to his users, Registration Sites and Intershop Ltd. Normally, when it became clear that BB intended to welch on his agreements with Intershop Ltd, a commercial decision could have been taken to cut our losses and finish with him and Terminate. Unfortunately, due to the outrageous slurs of software piracy, etc made on both our company and its' employees, Intershop Ltd felt it had no alternative to delivering the features promised by BB - RIPscrip Graphics, a full script language and a full fax manager and in making our versions of Terminate look as much as possible like previous versions - even though not one line of code in versions 1.56, 1.57, 1.58, 1.59, 1.60, 1.70, 1.80, 1.81, 1.82, 1.83, 1.84, 1.85, 1.88 or 2.0n have been written by Bo Bendtsen. By this we give a clear signal that we own the copyright to ALL versions of Terminate - past, present and future - and anyone wishing to dispute this has the easiest task in proving `look and feel' leaving only the issue of ownership for a court to decide. Although we believe that a court of law (where the laws of perjury and evidence can help ensure a definitive conclusion) is the proper place to definitively decide these issues, we do not believe that slurs should go unanswered. We are, therefore, including the text of a number of messages. The first are from our General Manager, Dr George Collins, writing in the WEB: Terminated/ "Project CAIN" conference in Autumn 1994: ================================================================== BB> As most of you know, this program has been stolen from its BB> rightful owner, BO BENDTSEN, and has been widely distributed BB> by Collins in an attempt to undermine Bendsten's business. On 16 April 1994 in your bedroom at Albertslund, you agreed to written terms to sell the copyrights and publishing rights for Terminate to Intershop Ltd. You also confirmed that I could continue to operate or delegate the operation of your personal electronic REGsite, T-REGS until 15 April 1996. Theft, even of intellectual property, is a CRIMINAL OFFENCE in the British Isles and in Denmark. We have already published both my address and 'phone number and that of Intershop Ltd; why do you refuse to publish yours and instead behave as a fugitive from justice? I am willing (anxious would be the better word) to make an appointment to meet with you at any police station in Europe to test who is lying and who is the "Terminate thief". Which police station and what date and time? BB> "Dr" Collins has a track record that would make Josef Mengele BB> seem like a reasonable man. HE IS A CROOK WHO IS OUT TO BB> DEFRAUD YOU, THE USER, OF YOUR HARD-EARNED MONEY AND WHO WOULD BB> NAIL HIS OWN GRANDMOTHER'S PELVIS TO THE COFFEE TABLE IF IT BB> MEANT GETTING AN EXTRA FIVER OUT OF THE BARGAIN. I am NOT an MD. I have a PhD and do not really care whether you address me correctly and politely as Dr or any other epithet - although I will confess that having "Dr George Collins" on my Driving Licence makes life easier when I am stopped for speeding (forced grin). My paternal grandmother died when my father was seven; my maternal grandmother when I was in my twenties and at University. I remind you that you had the contractual right to re-purchase ALL the rights you agreed to sell to Intershop Ltd for two thousand pounds more than they paid you. Why do you risk gaol for fraud and put thousands of users worldwide to the inconvenience of writing away for new keyfiles simply to save the °2000 cost of re- purchasing the rights to Terminate? When you are in a hole because of the lies you have already told Bo, my advice to you is to stop digging and start negotiating... As you already know, my hand portable mobile 'phone number which goes most places I go is: +44 850 748376 Both parts of the advice that the renowned Fido warrior Ron Dwight gave you were good: Stage 1: Since you can not argue on the facts, remain aloof and above the fray. Stage 2: If non-reply fails, try subtle character assassination. Unfortunately you did not understand what he meant by subtle. If Interstop were really illegally operating the T-REGS electronic Regsite coded into version 1.41 at 136 Holland Street, Glasgow G2 4NB, why not get the police to close them down? (As you are well aware when you visited Interstop before Christmas 1993 to install T-REGS, their immediate next door neighbours are Strathclyde Police headquarters!) BB> "Dr" Collins has alienated nearly every individual BB> he has ever had any business dealings with, including Jeff BB> Woods from Telix. Included in the second archive file for Terminate 1.57 will be the original material for the Telix saga. Like you, Bo, Jeffrey L. Woods has told a series of self-serving lies and half-truths and the public will be able to make their own minds up whether the relationship was severed because Interstop printed false Telix labels without paying for them (again one must question why the police were not called: the reason being that his german partners, ELSA GmbH were paid by cheque for the provisional labels!) or because Jeffrey L. Woods was too shortsighted to read the actual text on my 1993 ONE BBSCON badge and had a fit of pique. Mmmm, I must admit that there are certain parallels here: both of you made an original wrong (in your view) decision and, instead of asking to re-negotiate a deal in an honourable and adult way, publish lies and half-truths under anothers' name rather than address the central issues. At least Woods chose a real person (Zack Jones) rather than an alias as his character assassin! BB> He isn't even a real "Dr". He bought his doctorate from the BB> USA. At my first University in England, the tuition fees were paid by the state. At my second, again in England, the tuition fees were meant to have been paid by the National Coal Board - I do not really feel that "who pays my course fees" is a subject germane or relevant to Terminate - but I am prepared to be corrected. At the third, as is usual with foreign students in the United States, I had to pay my own tuition and exam fees before my thesis was published. Perhaps you would care to outline your own academic career if you REALLY feel this is relevant? BB> He's Irish and has expressed support for the IRA. It is BB> believed that some proportion of his profits go towards this BB> gang of terrorists -- presumably this is why "Dr" Collin's BB> voice on BBS messages is always spoken by an actor called BB> "Radek". BB> He has several previous convictions for credit card fraud, BB> has gone profitably bankrupt four times in the past and has BB> left a trail of angered creditors, owing sums well in excess BB> of a million pounds. A tip, Bo: try and make your lies have a kernel of truth; avoid making statements that can be proven to be erroneous. On this test, Goebbels would be proud of the first paragraph, but would NOT have made the mistake of using the second. Yes, I plead guilty to being Irish. I'm originally from Johnstown, Co Waterford. And yes, my Grandfather was proud to have assisted in the fight for independence from Britain. I think many Americans (and others) do not realise that the original OFFICIAL Irish Republican Army (`stickybacks') was a `traditional' socialist colonial liberation movement and a member of the Third International. It has had a `truce' for more than 20 years. I do not believe that any of my family - if still alive - would wish to be associated in any shape or form with the PROVISIONAL IRA - I know I certainly don't. To set the record straight: both my Mother and Father served with distinction in the Second World War; my Mother in the Womens Royal Air Force and my Father in the Eighth Army. It is because of their (and my own) military service that under Sarks' somewhat quaint feudal laws, I am regarded as a loyal Subject of Her Majesty Queen Elizabeth II and have the permission of the Seigneur of Sark to reside where I do. The rest of your two paragraphs is totally and utterly false. Radek Taus is the Managing Director of Intershop Ltd. He is Czech and lives in Brno (but will be in London today and tomorrow if you wish to meet him). If we can track you down, he will eventually be giving evidence on oath in your trial, Bo. The court will be able to determine his bona fides. More free advice: You're right in thinking that you must AT ALL COSTS prevent people installing and using Intershop Ltd's Terminate 1.57. When they compare your illicit "Strathrory Systems Ltd 1.50" with 1.57 it would be no contest - even if 1.57 was priced at $200. The fact that 1.57 is FREE means that you are very unlikely to make more than the °70,000 you have already pocketed from Terminate. (Your 1.50 is single tasking, hogs processor time under OS/2 and still contains many of the bugs reported from 1.41. Your 1.50 still has no RIP, Scripts or adequate FAX or QWK support) Roderick Begbie and your other worshippers were doing quite a good job before: they'd stopped most people evaluating Intershop Ltd's version of Terminate by pretending it would not install and by filling this conference with rubbish are succeeding in making sysops and readers switch off. They've also done an excellent job in ensuring that the `good guys' are too scared to make genuine bug reports for 1.56 so 1) 1.57 won't be as good as it might otherwise be 2) We will replace some of the features in 1.56 with ascii documents to refute their claims in 1.57. BB> He has set himself up in Sark as part of a clever but BB> illegal tax dodge in order to wring more out of you, the BB> taxpayer. Tax dodges can be clever OR illegal. They can't be both. And now we get to the nub of the issue: Did you, Bo Bendtsen agree or not agree to sell your rights to Terminate to Intershop Ltd? And if yes, why? Who is lying - you or me? The deal that you did with Intershop Ltd meant that no tax authority anywhere in the world could have made an adequate claim for income tax against you: the signed contracts you hold (together with relevant testimony from Intershop Ltd) clearly prove that you relinquished ALL rights to income from Terminate (except for a small percentage from the gross for maintaining and developing the code and allowing use of your trademarks for two years. And we both know that you planned on pretending that Intershop Ltd had not even paid you that.) Had you not welched on the contract you made with Intershop Ltd almost all of the income received by Intershop Ltd on Sark would have been paid to me as wages. For example: Intershop Ltd earns °10,000,000 gross in 1995. Deductible expenses: °2,000,000. Gross profit taxable in Scotland (Intershop Ltd is a scottish registered corporation): °8,000,000. Lucky taxman! BUT if Intershop Ltd paid me °8,000,000 in wages in 1995 THEY pay no tax since wages paid to employees are deductible before corporation tax. There is no income tax or employee insurance on Sark. Therefore the full °8,000,000 would have been received into my bank account on Sark. I would have been feeling very generous towards the source of all my income: Bo Bendtsen, the author of my employers' program. And I dare say you planned to visit me regularly on the Isle of Sark and see how generous I was still feeling? (And OF COURSE you would have declared any cash gifts you received on Sark to the relevant authorities? - because I have no legal obligation to declare who I give un-birthday presents to...) Clever? Maybe. Illegal? No, unless you did not declare any gifts you were obliged to declare by law - but that would be your law breaking NOT mine or Intershop Ltds'... BB> His plan is to convince you all to part with your cash for his BB> new project, apparently called "Cain" but which is a carbon BB> copy rip-off of Bo Bendtsen's TERMINATE. There is no doubt BB> whatsoever that he will take the money and run, as he has in BB> the past. Your cash investment will not purchase you any BB> upgrades whatsoever due to "Dr" Collin's greed. One tiny flaw here, Bo: versions of Terminate subsequent to 1.41 (and that includes 1.50, 1.56 and 1.57) have been declared FREEware by Intershop Ltd. It is YOU who is requesting money from the public for Terminate still - NOT me or Intershop Ltd. And let's be clear about this: 1) "Project CAIN" will be a commercial program 2) Not a single line of the more than 210,000 lines of code in "Project CAIN" will have been written by you. 3) The bad smell of the name "Terminate" will not appear anywhere in it (although you will no doubt continue your campaign of character assassination since it now seems obvious that you do not know when your little plan has failed). 4) The upgrade policy for "Project CAIN" will not depend on trust: Except for the first 2,000 buyers (who will qualify for lifetime free upgrades) people will buy exactly what they see. If they don't like it they don't have to buy it and if they change their mind they can return the program within 28 days for a full refund. Additionally, buyers of "Project CAIN" will qualify for ONE (and one only - except for the first 2,000 buyers) free upgrade. To get round the mistrust of authors caused by *your* shenanigans with disabling legitimate keyfiles, Intershop Ltd intends to conclude an escrow contract with the National Computing Centre. This escrow contract will specify that, unless "Project CAIN" is updated regularly and on time, the full code for "Project CAIN" will be released as FREEware to the Public Domain (except for those proprietary, licenced elements within it.) BB> WHATEVER ELSE YOU DO, DON'T GET INVOLVED WITH ANYTHING "DR" BB> COLLINS HAS IN STORE FOR US. THE MAN IS SIMPLY A CRIMINAL BB> WITHOUT ANY IDEA OF MORALITY AND WHO IS EXPLOITING THE TRUST BB> FOUND IN BBS SYSTEMS AND IN THE SHAREWARE MARKETING SYSTEM TO BB> MAKE HIS OWN FRAUDULENT GAINS. BB> GEORGE COLLINS IS A CRIMINAL. HAVE NO DEALINGS WITH HIM. Ok, Bo. You no longer wish to play Marquis of Queensbury rules? You have crossed the Rubicon. If a liar unfairly accuses me of lying and criminality and feels immune from discovery because of the presumption that I will behave like a gentleman then I do not feel constrained by any duty of confidence any longer: I now intend to release the text of the private e-mail you sent to me and others (mostly registration sites and BETA Testers like Roderick Begbie) together with my replies (except where they *unfairly* drag in third parties). Folks can then form their own opinions as to who has been lying through their scandinavian pearlies and who has the criminal intent. Since we're talking about more than 2,000 messages here, I shall post some highlights in a message in this conference to ALL and the rest will follow in instalments: one instalment in Terminate 1.57 and the rest in Terminate 1.58 Don't you think that people are wondering why, in the past two months, none of the Registration Sites have commented on your claims that you did NOT make agreements with both myself and Intershop Ltd? We all know the truth is different, of course. 22 of these registration sites *including* Dietmar Kneidl in Germany and Ron Dwight in Finland saw your proposed joint press release announcing the sale of Terminate to Intershop Ltd. Many of them may have been thinking "Well, we know that Bo really did do a deal with Intershop Ltd. BUT Bo has not given any code to Intershop Ltd so if we leave the Church of Bo we will have nothing to sell. In this case, possession of the code is nine-tenths of the law!" Next week when they see that the new code for 1.57 published by Intershop Ltd has more functionality and elegance, what do you think their reaction is likely to be, Bo? Some of them have tried desperately to stay neutral but recently the more perspicacious have begun to create a little distance between you and your lies - do you really think that this trend will diminish? No, Bo this scandalous post today is the beginning of the end for you. Either talk voice (preferably face to face) to resolve the situation or you will inevitably find yourself in the criminal courts: you can not hide out for ever. I also remind you of the letter sent to you by my boss: INTERSHOP LIMITED Software Factory, Rue du Moulin, Isle of Sark GY9 0SA (0481)832650 International: +44 481 832 650 (Fax: +44 481 832 651) En cas de non-d┌livrance, prier de retourner ┘: If undelivered, please return to sender: Intershop Limited, Software Factory, Isle of Sark GY9 0SA Registered in Edinburgh:148474 Mr Bo Bendtsen Kastanie Alle 14 2620 Albertslund DENMARK 25 July 1994 Dear Mr Bendtsen Re: TERMINATE: Breach of Contract On Saturday 16 April 1994, after extensive negotiations, you agreed to sell the publishing and copyrights to Terminate to my company, Intershop Ltd, so that you could concentrate on programming and program development. Unfortunately, since your last telephone conversation with our new General Manager (and your former Publisher), Dr George Collins on 19 May 1994 you have neither written, telephoned or visited to explain your increasingly bizarre behaviour and complete and total lack of co-operation. We appreciate that you may have difficulties of a personal nature but can no longer tolerate a situation which is causing distress to users and registration sites and a considerable reduction in both current and future earnings for ourselves. We must therefore issue an ultimatum: If by 13:00hrs GMT Monday 15 August 1994 you have not 1) transferred to us every component and part of softwares (including unreleased softwares) created or licensed by you, including any additions thereto, whether it is a tangible or intangible part, and, without limitations, including computer executable software program code, non-executable data files, user documentation, user manuals, technical documentation, magnetic media, report generation software, report forms, instructions, marketing material, support procedures, and any other materials, devices, or information known as, or previously known as: Terminate, Terminate OS/2, Terminate-f-W, Terminate Lite, Terminate Plus, Terminate Junior, Terminate PROFESSIONAL 2) delivered to us a written schedule for maintaining, developing and improving Terminate Software 3) delivered to us a written schedule of your current contact addresses and telephone numbers 4) ceased and desisted from wrongly describing yourself as the publisher and copyright owner of Terminate 5) ceased and desisted from illicitly collecting or organising the collection of registration fees for Terminate then we reserve the right to take all or any of the following actions without further warning: a) commencing legal proceedings for breach of contract b) laying an information before the appropriate criminal prosecution authorities as to fraud c) obtaining interdicts and injunctions restricting any further copying or distribution of versions of our copyrighted Terminate software beyond 1.41 d) holding you liable for the costs of hiring an alternative programming team to maintain, develop and improve Terminate Software e) declaring Terminate software prior to but including version 1.41 to be Freeware and that all further Terminate development has ceased; this to be followed by the release to Shareware channels under a different name on 16 September 1994 of enhanced DOS and OS/2 Terminal software currently known by the development codename CAIN. We also formally give notice that our address for service of any legal notice, request, authorization, direction or other communication under the agreement shall be as follows: Intershop Ltd The Software Factory Rue du Moulin Isle of SARK GY9 0SA Telephone +44 1481 832650 Sincerely yours Radek Taus, Managing Director for & on behalf of INTERSHOP LIMITED PS: We know that you retained three copies of the original agreement, but, in case you have mislaid them, I include the text to refresh your memory: TERMINATE by Bo Bendtsen: Contract of Sale Bo Bendtsen, Author of Terminate, currently residing at Kastanie Alle 14, 2620 Albertslund in the Kingdom of Denmark (hereinafter referred to as 'Author') agrees to sell to Intershop Limited, a corporation having their registered office at 194 Woodlands Road, Glasgow, Scotland G3 6LN (hereinafter referred to as `Publisher') for the sum of four thousand pounds (°4,000) the rights to publish and all copyrights subsisting in Authors Datacommunications Software known as `Terminate'. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, as well as other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Author and Publisher also agree as follows: 1. Definitions. Whenever used in this Agreement, the following terms shall have the following specified meanings: A. 'Person' means any individual, corporation, partnership, trust, association or other entity. B. 'Unreleased' shall mean entirely new versions of Software by The Author or new versions of existing Software by The Author prior to commercial release by The Author, including commercial release by a licensee of The Author. C. 'Software' shall mean every component, service, or promotional part of software created or licensed by Author, including any additions thereto, whether it is a tangible or intangible part, and, without limitations, including computer executable software program code, non-executable data files, user documentation, user manuals, technical documentation, magnetic media, report generation software, report forms, instructions, marketing material, support procedures, and any other materials, devices, or information known as, or previously known as: Terminate, Terminate OS/2, Terminate-f-W, Terminate Lite, Terminate Plus, Terminate Junior, Terminate PROFESSIONAL 2. Delivery. Upon concluding this Agreement, The Author shall deliver to Publisher all Software including Unreleased Software on the condition that Publisher will comply with all provisions of this Agreement. 3. Costs Each party shall bear all costs and expenses incurred by it under or in connection with this Agreement. Nothing in this Agreement shall be construed as an obligation by either party to enter into a contract, subcontract, or other business relationship with the other party. 4. Ownership and Title. This Agreement shall serve to transfer from Author to Publisher all rights, title and interest to the Software as described in this Agreement except for trademark and trade secret ownership rights in and to the Software. 5. Representations and Warranties of The Author. A. The Author is making the Software available 'AS IS' and accordingly MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES i) OF MERCHANTABILITY, ii) OF FITNESS FOR A PARTICULAR PURPOSE, OR iii) ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE. B. The Author SHALL HAVE NO LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR ON ANY OTHER LEGAL OR EQUITABLE GROUNDS, FOR ANY LOSS OF USE, PROFIT OR REVENUE BY THE OTHER PARTY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES SUFFERED BY THE OTHER PARTY, ARISING FROM OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. 6. Trademarks and Maintenance Terminate, Terminate OS/2, Terminate-f-W, Terminate Lite, Terminate Plus, Terminate Junior, Terminate PROFESSIONAL are trademarks of The Author when applied in the field of Data Communications and no right to use such trademarks is granted to Publisher by this agreement EXCEPT that Author agrees for a period of two years to: A. allow Publisher to use Authors Trademarks B. maintain, develop and improve Terminate Software if the Publisher will annually remit to him one per cent (1%) of the gross revenues received by the Publisher from Terminate Software. 7. Reporting. Publisher acknowledges that an important purpose of this Agreement is to provide to The Author regular and substantial income from developing and maintaining the Software. Accordingly, Publisher agrees to provide The Author annually with accurate and complete reports of gross revenue from Software. 8. Miscellaneous. A. Notices. Any legal notice, request, authorization, direction or other communication under this Agreement shall be given in writing and be delivered in person or by first-class post (or overseas equivalent), properly addressed and stamped with the required postage, to the intended at the addresses listed above. Either party may change their address specified above by giving the other party notice of such in accordance with this Section. B. Nonwaiver. The failure of The Author to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of The Author' right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. C. Entire Agreement. This Agreement, including all attachments hereto, sets forth the entire Agreement and supersedes any and all prior Agreements of the parties with respect to the subject matter hereof. D. Amendment. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. E. Invalid Provision. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. F. Assignment. Publisher may not assign or transfer any of Publisher's rights, privileges or obligations hereunder. G. Applicable Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of Scotland and Author agrees and consents to the exclusive jurisdiction of the appropriate Scots Court. H. No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon either party. I. Implementation. Each party shall take such action (including, but not limited to, the execution acknowledgment and delivery of documents) as may reasonably be requested by the other party for the implementation or continuing performance of this Agreement. In witness whereof the parties subscribe their signatures this sixteenth day of April, nineteen hundred and ninety four: I. Podlaskova For and on behalf of Intershop Ltd Bo Bendtsen (Publisher) (Author) =================================================================== When Bo Bendtsen confined himself to small lies, I could ignore them: BB>This person was just a normal dealer of Terminate that got BB>annoyed of being kicked out and now suddenly believes in wonders. (the messages below will show that 1) far from being "just a normal dealer of Terminate" you delegated to me further responsibilities AND 2) that far from "being kicked out", it was *I* who tendered my resignation to you as early as 27 February 1994! Because Bo Bendtsen has now accused me, in Private Netmails to his Beta Test Team and others of being amongst other things a perverted child molester I am taking the unusual step of releasing verbatim the text of a selection of Private e-mail from and to him so that people may form their own opinion as to whether he is to be trusted in his libelous assertions In some rare cases characters have been replaced with asterisks to protect third parties. My commentary (if any) is enclosed between three dollar signs: д Private netmail/matrix дддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 315 [1-368] Uns Pvt Rcv From : Bo Bendtsen 27-Apr-94 13:52:52 2:231/111 To : George Collins 2:231/111.1000 Subj : Ron дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! ============================================================================= * Forwarded by Steve Stacher (2:443/888) * Area : NETMAIL * From : Ron Dwight, 2:220/22 (24-Apr-94 17:25:42) * To : Steve Stacher * Subj : BETA_TER and BETA_CHAT_TER ============================================================================= Hi Steve, According to the following message from Bo Bendtsen:- .... removed Because George will be very busy in the next couple of weeks on Sark, I have asked Ron Dwight of Finland (presently suspended from TEAM TERMINATE) to select new moderators for BETA_TER and BETA_CHAT_TER (if necessary). .... removed Would you care to take over the moderation of these two conferences? In my opinion, the current moderator is hurting the reputation of both TERMINATE and upsetting (unnecessarily) the beta testers. As an experienced moderator myself, I suggest that you simply publish, in the conference itself, the "rules" you require and then keep moderation, as much as possible, to NetMail. I know that you know how to moderate and hope you will undertake this task. It looks like I won't be around for much longer, but I am sure you can handle this task with ease. Thanks in advance. If you need to contact me voice, then feel free to call on +358-0-2983307, we are two hours in advance of your time . Cheers, ========================================================================= Hi Bo, I hope you see why I was concerned. Steve $$$Please compare the text of what Bo Bendtsen is quoting $$$Steve Stacher quoting Ron Dwight quoting Bo Bendtsen's $$$message to Ron Dwight above with the text below. $$$You notice the direct quotation from the agreed announcement? $$$At 12:54hrs on the afternoon on 17 April 1994 (the day $$$immediately after the 16 April 1994 in his Bedroom at Albertslund $$$when Bo Bendtsen had agreed to sell Terminate to Intershop Ltd, $$$he and I finished drafting the following Press Release for $$$posting in REGSITES.TER. The Netmail above can hopefully be $$$verified by both Ron Dwight and Steve Stacher if they are honest $$$and is good evidence that Bo Bendtsen actually sent the draft to $$$Ron Dwight at least: CONFIDENTIAL and SECRET!!!! ~~~~~~~~~~~~~~~~~~~~~~~~~~~ [So that the english is correct and there is no misunderstanding, the current Publisher, George, has corrected the language of my following statements. I have thought long and hard about the future of Terminate and how we can all keep the most money from our work]: * It was explained at the Darmstadt conference, 26-Feb-1994, that T-REGS was NOT the electronic version of the Eire-GB REGsite. On T-DAY, George Collins will cease to operate the Eire-GB REGsite. [Unless anyone has any better suggestions, on T-DAY the new Eire-GB player will be ******** Mc******, SysOp of ALMAC (the current Terminate support BBS in the British Isles) and Managing Director of Almac BBS Ltd. (One of ********'s other companies is Almac Computer Services Ltd, the IBM and Novell Netware Dealers in Scotland)] It was also explained at Darmstadt that, on T-DAY, the T-REGS electronic registration site would move outside the United Kingdom to that part of the world which Bo Bendtsen decided offered the best combination of: low taxation, good communications and political, meteorological and seismic stability. For the last few months George has been checking a short list of eleven locations in the world and I have now made my choice. The Isle of Sark, 30 kilometers west of Normandy in France is the smallest independent state in the British Commonwealth and George has now leased a cottage there, installed 5 telephone lines and will live there in Rue du Moulin, Sark. T-REGS will be operating from Sark after T-DAY. [When Duke William of Normandy successfully invaded England in 1066 Sark, Guernsey, Alderney and Jersey were part of the Dukedom of Normandy. The english crown eventually lost all its' possessions in France except for these Channel Islands. So (except for the German occupation during the Second World War) Sark has been politically stable for more than 1000 years. The parliament of Sark is called the Chief Pleas and the Head of State is the Seigneur, Michael Beaumont. Although Sark is the feudal possession of the English Crown, it is NOT in the United Kingdom (or European Community) nor is it a British Colony like Bermuda, Gibraltar, Hong Kong, Falkland Islands, etc, and the British Parliament does NOT legislate for Sark! Perhaps because of this, since 1561 there has never been any income tax on Sark. Nor is there any VAT. (There is an annual bicycle tax of °2.50). Because there is no crime, there is no police force and cars are not allowed on Sark roads (everyone walks, rides a horse or bicycle) Although Sark is a quiet, sleepy pleasant island it has one of the best, cheapest and most progressive telecommunications companies in the world. GT operates on Sark the latest type of System X, digital telephone exchange with a capacity for 330,000 telephone lines - although, currently, only about 800 lines are in use! There has never been an earthquake, tsunami or tornado in recorded history and the last volcanic activity was more than 7 million years ago.] It would seem sensible to collect my income on Sark from both T-REGS *and* REGsites, so I am pleased to confirm that, from T-DAY (which will be in May) REGsites will be calling SARK to collect their keyfiles (and will be invoiced from Sark) and the price per keyfile will be reduced from DM45 to °16 (currently about DM40). T-REGS will also collect from Sark the money for Terminate Lite and Plus licences (ie serialised Lite and Plus disk labels) on the following scale (as also announced at Darmstadt): 1 - 10 Terminate Lite/Plus Licenses = °59.95 each 10 - 49 Terminate Lite/Plus Licenses = °19.95 each 50 - 99 Terminate Lite/Plus Licenses = °10.00 each 100 - 199 Terminate Lite/Plus Licenses = ° 8.00 each 200 - 499 Terminate Lite/Plus Licenses = ° 6.00 each 500 - 999 Terminate Lite/Plus Licenses = ° 4.00 each 1000 - 1999 Terminate Lite/Plus Licenses = ° 2.00 each 2000 - 4999 Terminate Lite/Plus Licenses = ° 1.55 each 5000 - 9999 Terminate Lite/Plus Licenses = ° 1.35 each 10000 -49999 Terminate Lite/Plus Licenses = ° 1.10 each 50,000 plus Terminate Lite/Plus Licenses = ° 1.00 each Please note that discounts are again cumulative! (For example, this means that once 980 licenses have been bought, you can subsequently place an order for only twenty individual licenses and only pay °2.00 each for these subsequent licenses... Because George will be very busy in the next couple of weeks on Sark, I have asked Ron Dwight of Finland (presently suspended from TEAM TERMINATE) to select new moderators for BETA_TER and BETA_CHAT_TER (if necessary). I have also asked him to prepare immediately three files: 1. A complete plan of action for the future of TERMINATE. It will state what he thinks MUST be done to get the entire operation and organisation in a reasonable shape with everyone working as a TEAM before T-DAY. 2) A marketing plan and strategy for Terminate in Finland (I want Ron back as a good player in TEAM TERMINATE if he can prove he is a good businessman) 3) "Operations guide". This "guide" will be issued to every regsite and will contain the basic methods of operation. Instead of the "rules" being only in someone's head or "somewhere in one of the REGSITES messages, ALL of them will be available, in writing, in a single place, for consultation. $$$At 20:11hrs on the same evening of 17 April 1994 (the day $$$immediately after the 16 April 1994 in his Bedroom at Albertslund $$$when Bo Bendtsen had agreed to sell Terminate to Intershop Ltd) $$$he and I finished drafting the following Press Release also for $$$posting in REGSITES.TER. This can hopefully be $$$verified by the various REGsites if Bo Bendtsen actually sent the $$$draft as he pretended to me that he had: CONFIDENTIAL and SECRET until 20 May 1994!!!! ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ T-DAY! Terminate 1.5 released ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Isle of Sark, 20 May 1994: In a joint statement Bo Bendtsen, Author of Terminate, the Final Terminal Program, announced the sale of the publishing and copyrights for an undisclosed sum to the British software publishing company, Intershop Ltd. Bo said: "I started writing Terminate two years ago while studying `Datalogi/Matematik' at Copenhagen University. I was unhappy with the performance and slow pace of development of the other terminal programs then available. During the summer vacation I enjoyed coding Terminate so much that I decided to give up college if I could get a little income from my program. I think Terminate was the first program in history that someone tried to charge people for a version admitted to be in Beta - that was version 0.37. I was amazed when people paid me enough to continue the coding I loved! However, since version 1.2, the terrific success of Terminate - there are now dealers in 27 countries - has meant that I have had to spend too much time on business matters rather than the actual programming that I enjoy so much. This new arrangement means that, as Chief Programmer rather than Chief Executive I can now get back to really making Terminate the Final Terminal!" ***** **********, Managing Director of Intershop Ltd declared "My company releases the new DOS Shareware version 1.5 of Terminate today and takes this oportunity to announce that work has already started on OS/2 and Windows versions of Terminate. We will make sure that all the PROFESSIONAL Key files already sold by Bo will operate on these new Terminate operating platforms as well as the new DOS versions of Terminate we plan to release at frequent intervals." The Shareware distribution files are 0150TER1.ZIP and 0150TER2.ZIP **** ********, Technical Support Manager for Intershop Ltd, revealed an entirely new network available for Terminate PROFESSIONAL users: "The new global FTS network TERMINeT guarantees competent support by members of TEAM TERMINATE. This new FTS two-way mailer and host integrated into every PROFESSIONAL version of Terminate means that every user can at last become an independent self-contained part of cyberspace. I think Corporate users will also particularly appreciate the guaranteed 24 hour response in our WEB Terminate conference." ******** *******, Marketing Director for Intershop Ltd said she "was particularly happy to introduce new Terminate distributors in Canada, Finland, Greece, Japan, Norway, Spain, South Africa and The Netherlands for version 1.5. When these are added to Terminates' existing dealer network in America, Australia, Belgium, the British Isles, Denmark, France, Germany, Israel, Italy, New Zealand, Portugal, Quebec, Sweden, Switzerland and Turkey it means that Terminates' on-line help files are now available in ALL major european languages together with Hebrew and Turkish!" Here is an excerpt from HISTORY.DOC in the new version 1.5 of Terminate released today: ждддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддд╥ ╨ ╟╟╟╟ 1.50, Release date: 20-May-1994 ╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟ ╨ сдддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддд╫ ждддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддд╥ ╨ ╟╟╟╟ How to read this document ╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟ ╨ сдддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддд╫ + = new feature - = removed feature * = changed feature to the better ! = fixed feature ? = let me know how or if this works # = Information $$$And Bo Bendtsen claimed in his own conference that Intershop Ltd $$$had nothing to do with him????? $$$We will now jump back ten days or so and continue chronologically: д Messages written by youддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 662 [2-846] Pvt K/s Loc From : George Collins 08-Apr-94 14:51:29 2:231/111.1000 To : Bo Bendtsen 2:231/446 Subj : Intershop Ltd дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL Today, I am making financial commitments of some °28,000 as regards to Terminate. (300,000 DKR ?) °8,000 for the 2 year lease on Sark °20,000 for the salary cost of the full time support technician I am hiring tomorrow. I'm confident that if the Author does a good job with the coding and the Publisher with the rest, both will be rather rich, rather quickly. This last week has concentrated my mind and I think it is time to talk again about what I proposed before. This way 1) EVERYONE (except the tax authorities) will get more money 2) The Author will get more time to code (and not be regarded as a greedy guy in the Fido world.) 3) The Publisher will be able to run things in a business like way: ie listen carefully to all points of view, make a business decision and then make that decision known. As you know, I have checked out the Sark situation thoroughly and the four telephone lines will be in next week. Intershop Ltd is a new company with overseas directors. At the moment, on T-DAY you would get °16 for each keyfile sold to REGsites. I understand that out of this you either get 1) less than °8 if you obey Danish tax law or 2) run the risk of Jail. I propose again what I talked about before, Two (2) signed legal contracts for the benefit of outsiders: Contract A: (Dated 15 April 1994) Intershop Ltd buys the copyrights and publishing rights to Terminate for °4,000 (you declare this °4,000 to Danish tax authorities and keep the Trademarks you own secret.) You also agree to maintain and update the code for a further 1% of turnover each year payable 1 year in arrears. (You can then either declare this 1% and pay tax on it - or claim Intershop cheated you.) Contract B: (Date left blank for completion by you whenever you want) Intershop Ltd SELLS the copyrights and publishing rights to Terminate for °6,000 (you declare this °6,000 to Danish tax authorities as an expense and keep the Trademarks you own secret.) Real effect: 1) You get °10 instead of °8 for each keyfile. You can come to Sark and collect it in cash, OR I will get ***** to courier it anywhere in the world OR I can electronic SWIFT transfer it anywhere you want (last option NOT recommended) 2) You run no risk of Jail. 3) You get to code in peace and the glory of continuing to produce T E R M I N A T E by Bo Bendtsen (c) 1992-94 Intershop Ltd together with the Freeware TerMail and filemanager... 4) More keyfiles are sold because it is quite clear about our respective responsibilities and you are free to write better code and I can run things in a more businesslike way employing a professional Public Relations team... Practical Changes needed now: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Not a lot! You continue to generate the keyfiles on your machine in DK and send me accounts as to who owes Intershop Ltd how much for the time being T-REGS remains physically in Glasgow for the time being with calls diverted from Sark. Intershop Ltd sends out new offers of contract to the existing and new REGsites 14 days before T-DAY A press release on T-DAY, something on the lines of: Version 1.5 of TERMINATE, the Final Terminal released! ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Copenhagen, Denmark, 3 May 1994: Bo Bendtsen and associates announced the sale to Intershop Ltd, for an undisclosed sum, of all rights to TERMINATE, the Final Terminal. Bo Bendtsen stressed that he would continue to be the chief programmer for TERMINATE and that he looked forward to even faster development now he could concentrate on coding rather than publishing. Sark, Channel Islands, 3 May 1994: Intershop Ltd announced the Publication today of version 1.5 of TERMINATE, the Final Terminal in Shareware, Lite and Professional versions. Worldwide, private sales of Terminate are now greater than for any other DOS datacomms terminal program with distributorships in Austria, France, Israel, Italy, New Zealand, Portugal, Quebec, USA Canada, Turkey, Denmark, South Africa, Brazil, Germany, Argentina, Greece, Mexico, Japan, Belgium, Taiwan, Australia, Spain, Britain Hong Kong, Ireland, Sweden, South Africa, Norway, Greeece and Switzerland. Terminate already had many features to appeal to professional users such as the ability to utilise Interupt 14 over a network, ISDN and Digiboard support. Extensive password protection allows Network Supervisors to password protect the configuration, point system, file manager and all user editable places in the phonebook. There is a built-in screensaver and the keyboard can also be locked when you leave your machine. Terminate 1.5 adds a complete Fax manager which totally revolutionises the PAT (Personal Assistant for Terminate) automates most common communication tasks in a way that users do not have to struggle with complex scripts. Terminate now includes a professional quality host mode with IEMSI, ansi coloured and moving screens and the first built-in two way Hydra file transfers. It's integral Fido type mailer and front door is now two way with the ability to receive as well as initiate calls. Asked to comment on why so many people in so many countries were now buying in record breaking numbers, author Bo Bendtsen said "Local language support helps but many people now realise that Terminate is the only full featured comms program with context sensitive on-line help, a full colour ansi/avatar scrollback buffer and a host mode that is able to receive fax, data or mailer calls - all at a price of about $45 or equivalent in local currency. Even the thrifty Scots are going for Terminate in a big way!" This is an excerpt from HISTORY.DOC: здддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддд© Ё ╟╟╟╟ 1.5 Release date: 03-Jan-1994 ╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟ Ё юдддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддды + = new feature * = changed feature for the better # = Information {+} = Registered feature activated in Professional version only ............ ......... ...... .... .. . Intershop Ltd also announced that they had commissioned new versions of Terminate for OS/2, Macintosh and Windows. Users who register or upgrade with the current DOS version of Terminate will receive key files valid for all future DOS versions. For further information: Intershop Ltd The Software Factory, Rue du Moulin ISLE of SARK Channel Islands GY9 0SA Telephone +44 481-832650 -=ENDS=-" Your safeguards: 1. Contract B. 2. Your trademarks 3. You retain the secrets of the keyfile generation and, above all else, 4. you keep all the code to develop as you see fit. * I'll come and see you this thursday if it's convenient but I'd like to know the way your mind is working before I hire Paul tomorrow... Talk to you soon, George --- TerminateMail д Private netmail/matrix ддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 280 [1-368] Uns Pvt Rcv From : Bo Bendtsen 08-Apr-94 23:13:16 2:231/111 To : George Collins 2:231/111.1000 Subj : Netmail дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд Hello George I cannot not comment on that netmail you sent me! Neither in netmail, voice or in writing. If anything is decided, no public announcements will be available as you suggest. I will be the only one that have these document without you having copies as you allready agreed on. I will not discuss this matter other than face to face. When you are asking me these things over the phone it sometimes feels like you are wanting me to say things to your recorder, please do not make me feel like this anymore. When you call while I am concentrating you stop me from working and I loose important time because when I first start on a boring problem and is interrupted it is hard starting again. Bo --- Terminate д Messages written by youдддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 670 [2-846] Pvt Cra K/s Loc From : George Collins 09-Apr-94 10:09:51 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : DAN BBS and ONE BBSCON ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> I would like to stop being the sysop of DAN BBS. BB> I wasted several days on just improving the server. But I had to do it to I thought you already had! No wonder progress with Terminate is so much behind schedule... BB> This will make me more mobil and able of forgetting about running a big BB> BBS system as well. Yup, I know the feeling of being chained to a computer with T-REGS - with only 30 registrations a week from it it's a bit uneconomic to staff T-REGS round the clock - so I'm closing it when I go to bed. I need at least 50 registrations a week from it to keep it open 24 hours a day. BB> would be hard to sell even though it is popular and takes in some money. BB> But it has to keep running as a major board, since it is VERY good BB> advertising for Terminate and I want it to keep on running. Yup! You should be able to do a deal where it is self-financing at least with money from subscriptions (WEB might help with that...) and I would advise keeping DAN BBS the Danish member of TEAM TERMINATE so they can get income from that and other registrations for other authors... BB> I do not want anyone to know that this is what I am planning. Well, bear in mind that at Darmstadt I pressed you to give a promise that you would hire a full time SysOp and not spend so much time on it so it shouldn't be a secret to the members of TEAM TERMINATE... This announcement would fit in very well with my netmail... * Now I do need an answer to my question: Is the registration form I completed for you for ONE BBSCON correct? Does anything need changing? If not, shall I fax them that together with my own registration form? --- TerminateMail д Messages written by you ддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 671 [2-846] Pvt Cra K/s Loc From : George Collins 09-Apr-94 10:53:38 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Netmail дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> I cannot not comment on that netmail you sent me! BB> Neither in netmail, voice or in writing. BB> I will not discuss this matter other than face to face. I understand that, Bo. I will take the KLM flight via Amsterdam and arrive in Copenhagen airport 16:00hrs this thursday 14 April 1994. Would you be kind enough and ask your father if I can sleep on his office floor again? I shall leave on the 16:40hrs flight from Copenhagen Airport and use the time to check all the screens for correct english as well. BB> If anything is decided, no public announcements will be available as you BB> suggest. Then there would be little or no point to the exercise since 1) The Danish tax authorities need to understand that you no longer have any entitlement to receive the large worldwide income from Terminate (and a public announcement of transfer together with your signed copy of the document is 100% waterproof) 2) The REGsites (and the public) need to understand that they talk to you about coding but all commercial and boring bureaucratic matters are dealt with by the Publisher. Right now, everyone is still a little confused that this is some sort of Fido thing rather than a serious commercial business. (I anticipate some difficulty in getting large corporate modem manufacturers to do business with DAN BBS rather than a properly constituted corporation...) BB> I will be the only one that have these document without you having copies BB> as you allready agreed on. Agreed is agreed and no problem. BB> When you are asking me these things over the phone it sometimes feels BB> like you BB> are wanting me to say things to your recorder, please do not make me feel BB> like this anymore. It's because I don't want you feeling this way that I crawled around in the attic and disconnected the recorder on the +44 41 *** **** number. That's the line I use when I call you. BB> When you call while I am concentrating you stop me from working and I BB> loose BB> important time because when I first start on a boring problem and is BB> interrupted it is hard starting again. 1) I try to wait until you call me 2) It's becuase I understand this that I am trying to get you to prioritise your time: You are not Superman and I do not think you can both code quickly and well for Terminate, have a social life AND run the Publishing side of Terminate and DAN BBS. You need to choose 1) If there will be a Publisher after 5 June 1994 - or whether you will attempt to handle all the boring commercial detail yourself. 2) Who that Publisher will be so I can ensure a smooth handover to him/her/it in the 7 weeks ahead. Whatever you decide, you have MY promise that 1) I will try and run T-REGS efficiently for you for 2 years. 2) I will try and work closely with whoever you choose as Publisher to ensure a smooth transition (even if it's Ron Dwight - grin!) 3) I will try and find a super new EIRE-GB REGsite: right now Almac BBS Ltd would seem to be the best choice. and I have YOUR promise that I can run T-REGS for 2 years. * Again, however it goes, I want to remain your friend! GEORGE --- TerminateMail д Private netmail/matrixдддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 281 [1-368] Uns Pvt Rcv From : Bo Bendtsen 09-Apr-94 15:28:26 2:231/111 To : George Collins 2:231/111.1000 Subj : Netmail дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! Saturday April 09 1994, George Collins writes to Bo Bendtsen: BB>> I cannot not comment on that netmail you sent me! BB>> Neither in netmail, voice or in writing. BB>> I will not discuss this matter other than face to face. GC> I understand that, Bo. Thanks GC> I will take the KLM flight via Amsterdam and arrive in Copenhagen GC> airport 16:00hrs this thursday 14 April 1994. I have an appointment on friday evening and i assume that you will leave me alone on saturday night ? It is a bad time over the weekend. Can you handle yourself friday/saturday night ? GC> Would you be kind enough and ask your father if I can sleep on his GC> office floor again? Don't need to ask GC> I shall leave on the 16:40hrs flight from Copenhagen Airport and GC> use the time to check all the screens for correct english as well. BB>> If anything is decided, no public announcements will be BB>> available as you suggest. GC> Then there would be little or no point to the exercise since GC> 1) The Danish tax authorities need to understand that you no GC> longer have any entitlement to receive the large worldwide income GC> from Terminate (and a public announcement of transfer together GC> with your signed copy of the document is 100% waterproof) GC> 2) The REGsites (and the public) need to understand that they talk GC> to you about coding but all commercial and boring bureaucratic GC> matters are dealt with by the Publisher. Right now, everyone is GC> still a little confused that this is some sort of Fido thing GC> rather than a serious commercial business. (I anticipate some GC> difficulty in getting large corporate modem manufacturers to do GC> business with DAN BBS rather than a properly constituted GC> corporation...) 3) Perhaps I am not living in Denmark physically. BB>> I will be the only one that have these document without you BB>> having copies as you allready agreed on. GC> Agreed is agreed and no problem. Good GC> You are not Superman and I do not think you can both code quickly GC> and well for Terminate, have a social life AND run the Publishing GC> side of Terminate and DAN BBS. And run a major BBS here in Denmark. That is why I invited the two guys I want to run DAN BBS out on monday. How would you do if you wanted someone to run your system. Everything is payed, no money owed. Users paying is around 900 by now, the income alone for paying users is only 1000°, but could easily be raised to 2000° just by sending out letters etc. I would like these guys also to be the danish registration site for Terminate (DAN BBS), so I also could be sure that DAN BBS only supported Terminate (advertising). In this way they would be able of making a lot of money as well, while I could sit back and 'relax'. GC> You need to choose GC> 1) If there will be a Publisher after 5 June 1994 - or whether you GC> will attempt to handle all the boring commercial detail yourself. Lets talk about this later GC> 2) Who that Publisher will be so I can ensure a smooth handover to GC> him/her/it in the 7 weeks ahead. Ok, we will see.. but you allready suggested this girl.. GC> Whatever you decide, you have MY promise that GC> 1) I will try and run T-REGS efficiently for you for 2 years. GC> 2) I will try and work closely with whoever you choose as GC> Publisher to ensure a smooth transition (even if it's Ron Dwight - GC> grin!) 3) I will try and find a super new EIRE-GB REGsite: right GC> now Almac BBS Ltd would seem to be the best choice. And make sure that the publisher does what I want. GC> and I have YOUR promise that I can run T-REGS for 2 years. Of course, as long as we agree on the terms. We still need to discuss the deals with the other authors and stuff like that, but I could see anyone take over your job anyway. Did you talk with your sister ? GC> Again, however it goes, I want to remain your friend! This is crap.... There are a lot of definitions of being friends. I put people into certain boxes: The ones I know............ i don't know how many that is Friends.................... I only have one real friend, who I used to drink beer, play football etc. I have not seen him in several month, he is coming on friday. Business friends........... You and the registration sites. Computerfriends............ You and the co-sysops, and some other friends. (Somebody I rarely see but talk a lot over the phone with). Those who claim to know me .... I do simple not know how many that is .... Thats just my definition. MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate д Messages written by youддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 680 [2-846] Pvt K/s Loc From : George Collins 10-Apr-94 13:09:22 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Important Netmail дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> GC> I will take the KLM flight via Amsterdam and arrive in Copenhagen BB> GC> airport 16:00hrs this thursday 14 April 1994. BB> BB> I have an appointment on friday evening and i assume that you will leave BB> me BB> alone on saturday night ? It is a bad time over the weekend. BB> Can you handle yourself friday/saturday night ? OK, I'll try and change it to arrive in Copenhagen airport 16:00hrs this Saturday 16 April 1994, returning Tuesday 19 April. I'll sleep somewhere else rather than disturb you until 13:00hrs Sunday 17 April. BB> BB>> If anything is decided, no public announcements will be BB> BB>> available as you suggest. BB> BB> GC> Then there would be little or no point to the exercise since BB> BB> GC> 1) The Danish tax authorities need to understand that you no BB> GC> longer have any entitlement to receive the large worldwide income BB> GC> from Terminate (and a public announcement of transfer together BB> GC> with your signed copy of the document is 100% waterproof) BB> BB> GC> 2) The REGsites (and the public) need to understand that they talk BB> GC> to you about coding but all commercial and boring bureaucratic BB> GC> matters are dealt with by the Publisher. Right now, everyone is BB> GC> still a little confused that this is some sort of Fido thing BB> GC> rather than a serious commercial business. (I anticipate some BB> GC> difficulty in getting large corporate modem manufacturers to do BB> GC> business with DAN BBS rather than a properly constituted BB> GC> corporation...) BB> BB> 3) Perhaps I am not living in Denmark physically. My understanding is that an individual who leaves Denmark after having been a permanent resident for at least four years (eg YOU!) remains resident for income tax purposes for up to four more years unless he proves taht he is subject to a substantially equivalent income tax in his new country - in which case there is not much point in moving just for this reason and the Sark arrangement would still be advantageous for your new foreign residence. Now you may say that once you are abroad the danish tax people can't reach you - but do you really want to worry about them arresting you for tax evasion every time you visit Denmark? BB> GC> You need to choose BB> GC> 1) If there will be a Publisher after 5 June 1994 - or whether you BB> GC> will attempt to handle all the boring commercial detail yourself. BB> BB> Lets talk about this later Ok, Sunday. BB> BB> GC> 2) Who that Publisher will be so I can ensure a smooth handover to BB> GC> him/her/it in the 7 weeks ahead. BB> BB> Ok, we will see.. but you allready suggested this girl.. Yes, and she costs a lot of money whether you employ her directly or I do. BB> GC> Whatever you decide, you have MY promise that BB> GC> 1) I will try and run T-REGS efficiently for you for 2 years. BB> GC> 2) I will try and work closely with whoever you choose as BB> GC> Publisher to ensure a smooth transition (even if it's Ron Dwight - BB> GC> grin!) 3) I will try and find a super new EIRE-GB REGsite: right BB> GC> now Almac BBS Ltd would seem to be the best choice. BB> BB> And make sure that the publisher does what I want. Uhhh? Don't understand... BB> GC> and I have YOUR promise that I can run T-REGS for 2 years. BB> BB> Of course, as long as we agree on the terms. We still need to discuss the BB> deals BB> with the other authors and stuff like that, but I could see anyone take BB> over BB> your job anyway. Let's try and do that on Sunday, too. BB> Did you talk with your sister ? Both of them and they don't feel like being prisoners in their homes however much I pay them. BB> GC> Again, however it goes, I want to remain your friend! BB> BB> This is crap.... I mean it. I don't say things I don't mean to people who are not my enemies. If that sounds emotional claptrap to you it is still something very relevant to me. I felt extremely angry when I read that, but I will read that as meaning that you are pretending to be a cold fish - well I don't believe that and if I find out that you REALLY have no loyalty or any of the other of the qualities associated with friendship then I will have to deal with you on another level - in which case we will both probably be the poorer for it. Please send me the files that Ron writes if and when he does and tell me if the changed flight times are more convenient... --- TerminateMail д Private netmail/matrixддддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 282 [1-368] Uns Pvt Rcv From : Bo Bendtsen 11-Apr-94 03:48:02 2:231/111 To : George Collins 2:231/111.1000 Subj : DAN BBS and ONE BBSCON ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! Saturday April 09 1994, George Collins writes to Bo Bendtsen: GC> @FMPT 1000 GC> @MSGID: 2:231/111.1000 d4831878 GC> @REPLY: 2:231/111 2da62638 GC> @PID: TerMail 1.2 FREEWARE BB>> I would like to stop being the sysop of DAN BBS. BB>> I wasted several days on just improving the server. But I had BB>> to do it to GC> I thought you already had! No wonder progress with Terminate GC> is so much behind schedule... When you are rude and say things like that, i almost feel like keeping the system anyway. GC> Well, bear in mind that at Darmstadt I pressed you to give a GC> promise that you would hire a full time SysOp and not spend so GC> much time on it so it shouldn't be a secret to the members of TEAM GC> TERMINATE... I never promised to hire a full time sysop. I promised to hire someone to do things I could do without. And by having someone to take over the system is better than you probably dreamed on, so stop being rude again. GC> Is the registration form I completed for you for ONE BBSCON GC> correct? I think so, but if I want to deduct the trip (taxes) i would need a bill myself. MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate д Messages written by you дддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 685 [2-846] Pvt K/s Loc From : George Collins 11-Apr-94 10:41:28 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : DAN BBS and ONE BBSCON дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> BB>> I would like to stop being the sysop of DAN BBS. BB> BB>> I wasted several days on just improving the server. But I had BB> BB>> to do it to BB> BB> GC> I thought you already had! No wonder progress with Terminate BB> GC> is so much behind schedule... BB> BB> When you are rude and say things like that, i almost feel like keeping BB> the system anyway. What's rude? I GENUINELY thought that you had got someone else to help with DAN BBS. Obviously progress will be MUCH slower than expected if you're having to work with the BBS and code in your spare time. To me the main message I got from Darmstadt, was that we were going to treat this as full-time commercial business... I've seen with ALMAC (three full-time paid SysOps!) that a BBS can suck up all the hours in a day and then some! BB> GC> Well, bear in mind that at Darmstadt I pressed you to give a BB> GC> promise that you would hire a full time SysOp and not spend so BB> GC> much time on it so it shouldn't be a secret to the members of TEAM BB> GC> TERMINATE... BB> BB> I never promised to hire a full time sysop. I'm not saying you did. I'm saying that I pressed you to make a promise whcih I was very aware that you did not make (but I assumed that was because you did not like making promises). BB>I promised to hire someone to BB> do BB> things I could do without. And by having someone to take over the system BB> is BB> better than you probably dreamed on, so stop being rude again. I'm not being intentioanlly rude here. I'm just very worried that (in my terms) we're 4 - 10 months behind schedule with Terminate Lite and it will shortly be impossible to interest the major modem manufacturers with a non-Windows product. You want me to lie to you and say I think we're on schedule? BB> GC> Is the registration form I completed for you for ONE BBSCON BB> GC> correct? BB> BB> I think so, but if I want to deduct the trip (taxes) i would need a bill BB> myself. Well, I hope we sort out ALL these tax details on Sunday. I won't send the form until after I come back from our important meeting. --- TerminateMail д Messages written by youддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 686 [2-846] Pvt Cra K/s Loc From : George Collins 11-Apr-94 11:33:50 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Visit to Albertslund - Crash reply needed ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL [please respond crash with crash] I am able to change my flight times, but I need to make the bookings today - so can you give me urgently an indication as to your opinion?: Saturday 16 April 1994, arrive Copenhagen 11.10hrs (If you can spend some time with me on the Saturday I could fly back on the Monday, otherwise it would need to be the tuesday if we can only conduct business on Sunday and monday...) Please 'phone me about this at your earliest convenience... --- TerminateMail д Private netmail/matrixддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 283 [1-368] Uns Pvt Rcv From : Bo Bendtsen 11-Apr-94 14:41:36 2:231/111 To : George Collins 2:231/111.1000 Subj : Visit to Albertslund - Crash reply needed ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! Monday April 11 1994, George Collins writes to Bo Bendtsen: GC> Please 'phone me about this at your earliest convenience... Do NOT bring ANY prewritten documents of any kind. If we will make a document we will make it TOGETHER without having anything to start from. And if we finish something you will not have any form of copies, right!! I still want this lawyer to sort out my financiel status and possibilities. If we don't have someone 3 party, I would feel that you would have complete control over my finances because I am not very experienced in these matters and would have to follow you advice without knowing anything about it and since I also am a very independent person on these matters I want to handle my money-affairs personally, since I must have the right to some privacy, right. You don't tell me where and how much money you got, same thing, I do not want to know. I will not even ask you since I really DON'T want to know. I normally does not get angry at anyone and knows how to relax. I have the same trouble with my girl I cannot move in together with her because I do not know what she does if she looses her temper. What would happend if you got angry at me and lost your temper. Don't say: well since I am a nice guy I would never get angry at you. But instead think about if you thought I was cheating you or telling you lies. What would happend then if you stopped trusting me. I trust you to handle these things, but what would happend if you suddenly stopped trusting me. I think it is your job to convince me that you will not loose your temper with me. If I move to London: I do not pay Danish tax. I will pay British tax for the british income. FINE i need some money to live on. And since everything is much cheaper in England, the taxes does not mind. I do not have to pay taxes if the regsite is sending money to You anyway and could decide how much to pay, exactly like if I lived in Denmark. I will not pay taxes of my worldwide income, since it will be sent to You and from there it will go to another destination which I will choose. I can spend 180 days in a row in Denmark (per year). Which does not matter since I do not plan to spend a lot of time in Denmark anyway. If nothing works out and the tax-man wants some money, I would only have to pay British tax and not Danish Tax. Why am I feeling that you do not want me to move to London ? Please do not start this same thing as Ron: Ron says: I have been in the business for 30 years, so I know what is best George says: I have beaten several lawyers, so I know what is best. Same story.. whenever you pull out this argument, my mind says: boringggg.. I can't help it sorry about that. This lawyer said that it was 45000° before paying VAT and that it would be raised to 90000° to help small companies. Is this right ? I think you told me before. Is this right ? MНК ШН°╜┤ H╜°sН Аo АНКГsН --- Terminate д Private netmail/matrixдддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 284 [1-368] Uns Pvt Rcv From : Bo Bendtsen 11-Apr-94 11:50:22 2:231/111 To : George Collins 2:231/111.1000 Subj : Important Netmail дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! Sunday April 10 1994, George Collins writes to Bo Bendtsen: GC> OK, I'll try and change it to arrive in Copenhagen airport GC> 16:00hrs this Saturday 16 April 1994, returning Tuesday 19 April. GC> I'll sleep somewhere else rather than disturb you until 13:00hrs GC> Sunday 17 April. Ok, but how long are going to stay ? GC> I felt extremely angry when I read that, but I will read GC> that as meaning that you are pretending to be a cold fish GC> - well I don't believe that and if I find out that you GC> REALLY have no loyalty or any of the other of the qualities GC> associated with friendship then I will have to deal with GC> you on another level - in which case we will both probably GC> be the poorer for it. Well don't get this wrong, but you cannot claim that we are pals just after being two times together. And it is still nothing to do with loyalty. All of my friends are computerfriends (except 1), i never lie to any of them or distrust any of them, so I cannot see the problem. What is your definition as friends like us. Just because you have a definition about enemies, friends, passives. Does not mean that your definition is the same for me or other people. If you cannot handle direct information and want it the soft way, you should say so. But your misunderstandment is only coursed because you feel that your own definition should be my definition. Nobody is the same all over. GC> Please send me the files that Ron writes if and when he does GC> and tell me if the changed flight times are more convenient... Ron send me a file, marked VERY confidence between Ron & Bo. It would be unethical of me to give you this document, it says that it must be confidential until a decision is made about there regsite status. But it have a lot of good ideas for a business structures and is a very long document. He would write an even longer document if he is allowed to stay. What would you advice me to do ? GC> My understanding is that an individual who leaves Denmark after GC> having been a permanent resident for at least four years (eg GC> YOU!) remains resident for income tax purposes for up to four more GC> years unless he proves that he is subject to a substantially GC> equivalent income tax in his new country - in which case there GC> is not much point in moving just for this reason and the Sark GC> arrangement would still be advantageous for your new foreign GC> residence. I know a lawyer in London, which will handle this for me, the mainrule is 4 years with some countries, both since we have a dubble-taxasion system. I know this guy very well since he has worked for my father and his company actually help danish people to move to England. I can stay 180 days in Denmark per year, which probably is fine since I probably have to travel a lot more than I use to. Don't worry about this, it will all be handled with care. MНК ШН °╜┤ H╜°sН Аo АН КГsН --- Terminate д Private netmail/matrixддддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 286 [1-368] Uns Pvt Rcv From : Bo Bendtsen 11-Apr-94 19:39:06 2:231/111 To : George Collins 2:231/111.1000 Subj : Saturday дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! Pia is going away friday, so you can come saturday. MНК ШН°╜┤ H╜°sН Аo АНКГsН --- Terminate д Private netmail/matrixдддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 287 [1-368] Uns Pvt Rcv From : Bo Bendtsen 11-Apr-94 12:04:44 2:231/111 To : George Collins 2:231/111.1000 Subj : Ron дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! Ron again send me a letter starting with: Personal, private and absolutely confidential He now says that you told him that it is not your job to hire/fire regsites but only to recommend. I really thought that I gave you the authority to do this, so I wouldn't have to think about these things. Of course we will consult eachother. Perhaps Ron did not read the below message and surely not understand that you are in charge of handling this. How come that he still wants me to decide this whenever I public announced that the publisher handles this ? Perhaps someone do not understand what I trust the publisher to do! The publisher make the official announcements for Terminate. The publisher handles all applications for new regsites. The publisher handles all problems with regsites. The publisher decides who is in TEAM TERMINATE The publisher is in charge of global marketing and strategy. The publisher is representing me, the author. Handles also mean decide. This means that the worst person to become unfriendly with is of course the publisher. So always try to get along with the publisher and listen to his/her advice. I appoint alone who is the publisher and can without notice remove any publisher and reinstate a new. In the future I will trust the publisher to do most of these things without my interference. If the publisher is not thinking like me or making the wrong decisions he/she will be removed without notice just like in a normal business. There are no plans of removing George Collins as the publisher. MНК ШН°╜┤ H╜°sН Аo АНКГsН --- Terminate * Origin: TEAM TERMINATE: The Author,DAN BBS,Home of Terminate (2:231/111) MНК ШН°╜┤ H╜°sН Аo АНКГsН --- Terminate д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 694 [2-846] Pvt K/s Loc From : George Collins 11-Apr-94 20:22:11 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Who is the pirate дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> Who is the pirate among our regsites ? BB> I was told that one of the regsites was convicted for software piracy. BB> Do not tell anyone about this. Uhgggh? Me? You? Ron? Pass. Let me have the full rumour and I might be able to shed some light on this - the only rumours I have heard concern me with Telix (which you know about), Finland (which I assume Ron has told you about) or Adrian Kwong (where we no longer care). Just copy what you know and I'll investigate... george.collins@almac.co.uk --- TerminateMail д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 696 [2-846] Pvt K/s Loc From : George Collins 12-Apr-94 12:44:48 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Ron дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> Ron again send me a letter starting with: BB> Personal, private and absolutely confidential BB> BB> He now says that you told him that it is not your job to hire/fire BB> regsites but only to recommend. That is correct. I did not think I had the power to do anything drastic without consulting you first. BB> I really thought that I gave you the authority to do this, BB> so I wouldn't have to think about these things. Of course we will BB> consult eachother. BB> BB> Perhaps Ron did not read the below message and surely not understand BB> that you are in charge of handling this. How come that he still wants BB> me to decide this BB> whenever I public announced that the publisher handles this ? BB> BB> д [42] IntЁOnly for Terminate registrerings steder (2:231/111) дд BB> REGSITES.TER BB> Msg : 404 of 500 Loc BB> From : Bo Bendtsen 2:231/111 Wed 06 Apr 94 BB> 22:53 BB> To : All BB> Subj : The publisher BB> BB> дддддддддддддддддддддддддддддддддддд ддддддддддддддддддддддддддддддддддддддддддд BB> BB> .MSGID: 2:231/111 2da37856 BB> .PID: GED 2.41+ 104 BB> Hello All! BB> BB> Perhaps someone do not understand what I trust the publisher to do! BB> BB> The publisher make the official announcements for Terminate. BB> The publisher handles all applications for new regsites. BB> The publisher handles all problems with regsites. BB> The publisher decides who is in TEAM TERMINATE BB> The publisher is in charge of global marketing and strategy. BB> The publisher is representing me, the author. BB> BB> Handles also mean decide. BB> BB> This means that the worst person to become unfriendly with is of course BB> the BB> publisher. So always try to get along with the publisher and listen to BB> his/her BB> advice. BB> BB> I appoint alone who is the publisher and can without notice remove any BB> publisher BB> and reinstate a new. BB> BB> In the future I will trust the publisher to do most of these things BB> without my BB> interference. If the publisher is not thinking like me or making the BB> wrong BB> decisions he/she will be removed without notice just like in a normal BB> business. BB> BB> There are no plans of removing George Collins as the publisher. BB> BB> MНК ШН°╜┤ H╜°sН Since you have now sent this message publicly I would suggest the following course of action. Send a message to Ron saying: "Until 5 June 1994 (or until I sack him or he resigns - whichever is the earlier) I have delegated my authority to hire and fire REGsites to George Collins as Publisher. Unless you have a complaint that he should be immediately removed as Publisher or REGsite (with good reasons, of course) I do NOT want to be bothered with NON-technical or Publishing matters. I must code! George and I have already asked you to send three files to the Publisher via DAN BBS: 1) Your proposed contract clearly laying out the rights and responsibilities of REGsites 2) Your proposals for changes in the way we operate (your "Operations Manual") 3) Your marketing plan with regard to Terminate, Terminate Lite and Terminate Plus in Finland (you may wish to make some comments on the global situation). I am sure that when he sees these, George will make the right decision as regard to your status - and if he doesn't I will over-rule him. Now, please, deal in a friendly business-like way with George and let me code in peace. I do not want to play any more secrecy games unless you can give me a very good reason not to trust George - and those reasons must be ones that I can check with George or someone else! PS: You will also need to talk to George about `Pirate REGsites' --- TerminateMail д Messages written by youддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 709 [2-846] Pvt K/s Loc From : George Collins 13-Apr-94 16:34:56 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Ron дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> I just talked with Durk Ellison, one of Ron's friends I guess since he BB> is a betatester. Yes, he's just written some good ideas in BETA_TER... BB> him to call and have me to talk with you. He very nicely asked if I BB> could have you to answer that letter what you mean by suspended from BB> TEAM TERMINATE. BB> BB> This phonecall should actually make you happy since it from my point BB> show that Ron is a little nervous that you perhaps are in full control BB> and perhaps he BB> know wants to follow our way anyway. (Even though we still do not know BB> what he want). Let's wait and see what's decided this weekend, since whoever replaces me as Publisher will have to continue to deal with RON - only 3 days now before I hope to hear who's replacing me... Did you send my suggested message to Ron? The Publisher would find those three files I asked Ron to write VERY useful... BB> Perhaps we should consider letting Ron in again, since he know BB> understand that BB> that we mean business and do not hesitate do throw out the BB> 'troublemakers' and BB> we know could get him to make all these things and stuff. ? That's my hope, which is why he was suspended. But everyone has to learn from this experience - I know I have! BB> But of course the longer time that goes along, the more nervous he would BB> get, but we must be nice. So ? Ron prefers clarity, and I think we should be in a position to give him a clear answer after this weekend. BB> The next things has nothing direct to do with his phonecall: BB> I will also suggest that we stop demanding special ways of writing BB> messages in BB> the conference, because it actually does not slow me down, since I am BB> very good BB> at skipping things anyway. But just make it clear that they MUST be as BB> clear as BB> possible. I personally think this 65 chars per line is not needed. I BB> really do BB> care about this and I know that it is just a personal demand from you BB> since BB> your messages looked wrong. But the others guys are right this time. A This is something that Ron is VERY confused on (maybe others too) 1. I moderate BETA_TER I moderate BETA_TER from within BETA_CHAT_TER so as to reduce excess ascii for you to read to the minimum. 2. I moderate (invisibly and with reluctance since I did not want to directly contradict you) BETA_CHAT_TER. 3. I (rarely) co-moderate TERMINAT wearing my hat as any of the TEAM TERMINATE members able to moderate TERMINAT 4. I moderate no other conference. 5. I (along with Thomas Bradford) made a personal request in TERMINAT to reduce line lengths to below 66 columns and start at column 0 since, otherwise, my mailer (TerMail 1.2) mangled up their quotes and I had much better things to do than re-format them. Maybe we can fix something in TerMail? 6. I have FEROCIOUSLY moderated BETA_TER because I saw some (Chen for example) getting rather chatty. If your nimble brain does not need this, then I misunderstood and will stop immediately. BB> moderator should not complain about this. Not in public anyway. Example: I'm either moderating or a user. When I moderate I do it in public since that means that polite private or public warnings have already been ignored. BB> have omething to 'give' to Ron so he will get happy. The definition BB> on a good BB> moderator is a guy that nobody actually knows about, never see's any BB> letters BB> from, and which only use netmail the first time. You allready admitted BB> that you have a problem with people about this I only know how to send a netmail to you. Perhaps I will learn something new this weekend (grin) We will give something new to Ron, I hope: a new way of looking at his fellow team players... BB> The scratched Irish record is playing again: Well I am Irish I can't BB> help it. BB> Perhaps a shrink or therapy could help you ;-) BB> (To make you nervous, 15-20 minutes wasted by this message) I just kicked the (non-existent) cat... Don't worry, be happy, and let's hope to get everything clarified this weekend... --- TerminateMail д Messages written by youддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 738 [2-846] Loc From : George Collins 21-Apr-94 20:44:53 2:231/111.1000 To : Thomas Bradford Subj : COMPANY NAME ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: REGSITES.TER TB> Terminate needs a company name. TB> TB> For instance, Procomm by Datastorm TB> Qmodem by Mustang TB> Telix by Deltacomm TB> Terminate by ????? (Company name is much better than TB> personal) TB> TB> TB> It will make entry into commercial software market with the Terminate TB> Plus version much more successful. TB> TB> For instance, Mr.Tech Data, my name is Thomas Bradford and I'm with BMT TB> Micro. TB> I'd like to talk with you about our new commercial software package, TB> Terminate by Acme Inc. Well, I'm not entirely sure about this, Thomas. If Bo is well enough known, it may be an advantage to be plugging Terminate, by the famous (Tur)Bo Bendtsen rather than from a brand new and unknown start-up company Acme Ltd... (or have you had a secret call from Billionnaire Bill? ) However, as part of the new arrangements to invoice from Sark (no taxes or VAT or bureaucracy, remember) we have already formed a Private Limited Liability Company to handle the invoicing, etc., so this would not take too long to arrange if it were thought suitable. I think any press release would have to be handled VERY carefully, though - Is this the sort of thing you had in mind?: "T-DAY! Terminate 1.5 released ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Isle of Sark, 20 May 1994: In a joint statement Bo Bendtsen, Author of Terminate, the Final Terminal Program, announced the sale of the publishing and copyrights for an undisclosed sum to the software publishing company, Acme Ltd. Bo said: "I started writing Terminate two years ago while studying `Datalogi/Matematik' at Copenhagen University. I was unhappy with the performance and slow pace of development of the other terminal programs then available. During the summer vacation I enjoyed coding Terminate so much that I decided to give up college if I could get a little income from my program. I think Terminate was the first program in history that someone tried to charge people for a version admitted to be in Beta - that was version 0.37. I was amazed when people paid me enough to continue the coding I loved! However, since version 1.2, the terrific success of Terminate - there are now dealers in 27 countries - has meant that I have had to spend too much time on business matters rather than the actual programming that I enjoy so much. This new arrangement means that, as Chief Programmer rather than Chief Executive I can now get back to really making Terminate the Final Terminal!" Marilyn Sellemalot, Managing Director of Acme Ltd declared "My company releases the new DOS Shareware version 1.5 of Terminate today and takes this oportunity to announce that work has already started on OS/2 and Windows versions of Terminate. We will make sure that all the PROFESSIONAL Key files already sold by Bo will operate on these new Terminate operating platforms as well as the new DOS versions of Terminate we plan to release at frequent intervals." The Shareware distribution files are 0150TER1.ZIP and 0150TER2.ZIP Ron Iknowitall, Technical Support Manager for Acme Ltd, revealed an entirely new network available for Terminate PROFESSIONAL users: "The new global FTS network TERMINeT guarantees competent support by members of TEAM TERMINATE. This new FTS two-way mailer and host integrated into every PROFESSIONAL version of Terminate means that every user can at last become an independent self-contained part of cyberspace. I think Corporate users will also particularly appreciate the guaranteed 24 hour response in our WEB Terminate conference." Caroline Flashemalot, Marketing Director for Acme Ltd said she "was particularly happy to introduce new Terminate distributors in Canada, Finland, Greece, Japan, Norway, Spain, South Africa and The Netherlands for version 1.5. When these are added to Terminates' existing dealer network in America, Australia, Belgium, the British Isles, Denmark, France, Germany, Israel, Italy, New Zealand, Portugal, Quebec, Sweden, Switzerland and Turkey it means that Terminates' on-line help files are now available in ALL major european languages together with Hebrew and Turkish!" Here is an excerpt from HISTORY.DOC in the new version 1.5 of Terminate released today: ждддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддд╥ ╨ ╟╟╟╟ 1.50, Release date: 20-May-1994 ╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟ ╨ сдддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддд╫ ждддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддд╥ ╨ ╟╟╟╟ How to read this document ╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟╟ ╨ сдддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддд╫ + = new feature - = removed feature * = changed feature to the better ! = fixed feature ? = let me know how or if this works # = Information .......etc, etc" Or were you just thinking to have the Lite and Plus versions handled by a corporation to add credibility? What do the other members of the Team think? Would it help or hinder your sales efforts to have Terminate published by a company as opposed to an individual? --- TerminateMail * Origin: Steve Jobs: "When's the NeXT version of Terminate. (2:231/111.1000) д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 739 [2-846] Loc From : George Collins 21-Apr-94 21:17:46 2:231/111.1000 To : Arthur Mol Subj : Company Name ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: REGSITES.TER 21-Apr-94, Arthur Mol wrote to Thomas Bradford Subject: Company Name AM> -> Terminate needs a company name. AM> AM> Good idea Thomas! Could you explain your reasoning on this, Arthur, and any ideas as to a name? (Acme doesn't sound too good, ) --- TerminateMail * Origin: UART stands for " U Ain't Registered Terminate!?! " (2:231/111.1000) д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 740 [2-846] Loc From : George Collins 22-Apr-94 09:45:52 2:231/111.1000 To : Arthur Mol Subj : Company Name ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: REGSITES.TER AM> A company name says: continuality .. where as a private name is: one AM> person, AM> if such a person says "See ya!" then bye bye software (often the case). AM> A company name gives customers the ensurance that more people than just AM> one AM> sole person are behind it which can result in better product support and AM> continuality. I can follow your reasoning on that, Arthur. AM> I'm not saying that I agree with that thought, and for normal end-users AM> it AM> won't be a problem I think, but companies often like to see something AM> that AM> secures them of future developments in a product. I'm also not saying AM> that AM> a company name actually GIVES product continuality (look in the papers AM> and you AM> see thats not true) but it's the general thought here. That also seems true - although personally I feel that for our *private users* (in the vast majority at the moment, although that proportion will change as we penetrate the commercial, corporate markets) they appreciate the personal even amateur touch that they are paying a person (ie the Author, Bo Bendtsen) rather than a faceless corporation... AM> Arthur: Yes, it's developed by a Danish (what whas that Island name?) AM> company AM> and they are working hard on new features. Yes, I think if we used a Company it should be from a respectable well known jurisdiction like Britain, Germany, Switzerland, USA, etc. The company we formed to do the invoicing from Sark is, in fact, a British registered company, NOT Channel Islands registered since it needed to be able to accept credit cards with T-REGS... AM> Look how the 2nd answer looks: THEY! .. More people work on it. If Bo AM> gets AM> into the hospital then things are not lost for the company that purchased AM> 1000 copies last week because all development continues. Yes, for public relations purposes this might look better. Although I must stress that the reality is that only Bo holds the code and we really would be sunk without him. Maybe we need to take out `key man insurance'? Maybe we could have duality? Lite and Plus versions published by Acme Ltd and Shareware version remains published by Bo bendtsen - or would that be too confusing? AM> A company name could be Bendtsen Software Development or whatever name. AM> Any AM> name would probably sound better than Bo Bendtsen for companies (unless AM> they already have a (positive) history with him. I think I would favour a shorter name - if only when answering the phone or printing labels (grin)... --- TerminateMail * Origin: TEAM TERMINATE: Eire-GB player 081-500 5000 (2:231/111.1000) д Messages written by youддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 757 [2-846] Loc From : George Collins 23-Apr-94 22:18:12 2:231/111.1000 To : Patrik Sjoberg Subj : COMPANY NAME ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: REGSITES.TER PS> > Would it help or hinder your sales efforts to have Terminate PS> > published by a company as opposed to an individual? PS> PS> Probably help when you are talking to larger companies. They never like PS> the PS> idea of a lone programmer that can be run over by a truck anyday and PS> leave their investment in limbo. Well, so far the consensus seems pretty clear in favour of incorporation. Any opposing points of view? --- TerminateMail * Origin: TEAM TERMINATE: Eire-GB player 081-500 5000 (2:231/111.1000) д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 759 [2-846] Loc From : George Collins 23-Apr-94 22:30:42 2:231/111.1000 To : Arthur Mol Subj : Company Name дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: REGSITES.TER AM> -> markets) they appreciate the personal even amateur touch AM> -> that they are paying a person (ie the Author, Bo Bendtsen) AM> -> rather than a faceless corporation... AM> AM> True, but that's with the current situation. I often try looking into the AM> future ofcourse and the majority of profits often come from corporate AM> users. Absolutely right, Arthur, but we must none of us lose sight of the fact that those private users out there are both our front-line sales force and our number 1 source of new ideas to make Bo's original slogan unassailable: the Final Terminal! AM> -> The company we formed to do the invoicing from Sark is, AM> -> in fact, a British registered company, NOT Channel AM> -> Islands registered since it needed to be able to accept AM> -> credit cards with T-REGS... AM> AM> Well, most invoicing will be done to us (the distributors) I hope :) So AM> that AM> might not be very important. What's important is the source of the AM> software. Correct, although the Sark company will also invoice manufacturers directly where there is no intermediate REGsite involvement or where the REGsite prefers that arrangement (for example, becasue of local currency exchange, tax, bureaucracy, VAT problems, etc...) AM> -> Although I must stress that the reality is that only Bo AM> -> holds the code and we really would be sunk without him. AM> -> Maybe we need to take out `key man insurance'? AM> AM> I thought we would get a key for the safe where the code is kept? :) You mean a skull trepanner (sorry, bo, offcolour joke!) AM> One of the main advantages to my opinion would be that no matter what, AM> the code AM> in the registered version is not available in a shareware version. So AM> there's nothing to crack.. Yup, that's a plus but minuses include: 1) separate Beta testing programs 'cos codes are different 2) less feedback form the users - who tend to be less involved with over-the -counter software 3) We can't get incremental sales from the upgrades 4) We lose database marketing opportunities afforded by knowing the personal details of our customers directly when they upgrade. 5) Lost opportunities for synergy with other shareware authors - it'll be tough out there competing head to toe on the splendour of our shelf packaging and how many journalists we can bribe to do favourable reviews rather than having the inside track that happy users may not pay themselves but may persuade their bosses to buy... As the money comes in, though, we hope we can do an increasingly professional job in the retail marketplace with the Plus version... --- TerminateMail * Origin: TEAM TERMINATE: non-technical goalkeeper (2:231/111.1000) д Messages written by youддддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 761 [2-846] Pvt K/s Loc From : George Collins 23-Apr-94 23:26:19 2:231/111.1000 To : Bo Bendtsen 2:231/446 Subj : T-SERVER version 18 bust! ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL Hello, Bo, nice to see you here! I installed version 18 (complete with tserver.chk in same directory) But now none of the ALT commands work at all! ie I can't configure, answer the line, go to database view or even exit!!! I'll take the 'phones off the hook until you advise me what to do.... george.collins@almac.co.uk --- TerminateMail д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 772 [2-846] Pvt K/s Loc From : George Collins 25-Apr-94 10:55:48 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : FYI - Ziff Davis Awards ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> GC> -All entries must be shareware programs first released or BB> GC> significantly upgraded between January 1, 1993 and June 1, 1994. BB> Ok, that means that before 1. Juni 1.5 must be released.... Yup, I'm still hoping for 20 May 1994 as you know... --- TerminateMail д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 774 [2-846] Pvt K/s Loc From : George Collins 25-Apr-94 11:00:49 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : TERM. REG. SIT. ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> Vi er meget intressert i aa bli Terminate reg. site her i Norge, BB> jeg liker Terminate meget godt, og jeg ser du er interresert i BB> flere dist. sites. BB> BB> Litt info om vaares BBS; (Yankee Rose BBS) Bergen - Norway BB> BB> Kjoerer paa BBBS v.0.89 BB> ca 100 - 150 innlogginger pr dag BB> data phones (14400) +47 55/ 228945 /228946 /228975 BB> 3 GB online BB> Har for tiden seks netverk, som inkluderer Fidonet og Internet BB> Online siden 1992 BB> from : Geir Stokke 2:21/822 (Fido) BB> ==================================== ========================================= BB> Norway would like to be the regsite... perhaps we should start setting BB> him up. I agreed with him that I would write to him before the end of this month. I need to send out new contracts and operating procedure guides from Intershop Ltd to ALL the REGsites, new and old before the end of this month. What is delaying me right now is not knowing that you have a specific ex-directory (ie secret and not previously used telephone number) for the key generating machine that I can divert calls to from Sark. --- TerminateMail д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 775 [2-846] Pvt K/s Loc From : George Collins 25-Apr-94 11:05:43 2:231/111.1000 To : Bo Bendtsen 2:231/446 Subj : IMPORTANT still missing TSERVER182 ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL Please could you place on hold again the corrected TSERVER.EXE that I could not unpack yesterday. I want to train Caroline on the new procedures before I go to Sark for the week... --- TerminateMail д Messages written by youддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 781 [2-846] Loc From : George Collins 26-Apr-94 14:27:13 2:231/111.1000 To : All Subj : IMPORTANT: Correct Postal Addresses needed NOW! ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: REGSITES.TER IMPORTANT! Correct Postal Addresses needed NOW! ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I shall shortly be posting by Airmail new offers of contract to all players. These must arrive back with me on Sark before 6 May 1994 so please post in here immediately your correct Postal Addresses - even if they have not changed. (I don't think these contracts add anything really new, but they do formalise your new relationship (for invoicing, etc) with the new company on Sark. When they have been returned, you will then get something you can hang on your wall or produce to prove your bona fides. I will also attempt to do what Ron refused and try and produce an operations guide.) --- TerminateMail * Origin: Publisher of TERMINATE: +44 41 204 4310 (2:231/111.1000) д Messages written by you ддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 797 [2-846] Pvt K/s Loc From : George Collins 28-Apr-94 01:05:47 2:231/111.1000 To : Bo Bendtsen 2:231/446 Subj : Very Important and Urgent! ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL Hello, Bo, nice to see you here! Please find below a sample of the proposed letters Intershop Ltd will post airmail today 28 April 1994 to all the REGsites - unless you say diffferently. (It will go out on Intershop Limited headed paper) I would also like to write to the proposed new REGsites in Norway Greece and South Africa if you are able to tell me the packet passwords they should use to contact you... INTERSHOP LIMITED Software Factory, Rue du Moulin, Isle of Sark GY9 0SA (0481)832650 International: +44 481 832 650 (Data:8:1:N: +44 481 832 651) ******** Mc****** 141 Bo'ness Road GRANGEMOUTH Not Faxed to: Stirlingshire 'Phone: 010- FK3 9BS 28 April 1994 Dear ******** Re: TEAM TERMINATE: Offer of Contract As an existing player, you are aware that the consensus was for a company to publish Terminate. Bo continues as the Chief Programmer but has transferred the publishing and copyrights to Intershop Ltd so that he can concentrate on programming and program development. We would ask you to keep these developments secret until T- DAY next month. Intershop Ltd hopes to be able to offer you products to sell from other authors in the very near future - we think that the worldwide sales team we are building is really something rather special! We therefore enclose two copies of a proposed distribution agreement. Please sign both copies (after initialling any necessary amendments) and return one copy to us, keeping one copy for yourselves. You will notice that the agreement is personal to yourself. This does not stop you making whatever local arrangements you think appropriate, be they partnerships or corporations - but the direct relationship and responsibility will always be yours. You will also notice that frequent reference is made to the "TEAM TERMINATE Operations Manual" which will be amended and issued by the Publisher at frequent intervals. For the time being this is the accumulation of the instructions given by Bo Bendtsen and we are urgently engaged on summarising, codifying and simplifying this manual so that a new edition can be published before T-DAY. Sincerely yours Dr George Collins, Publisher for & on behalf of INTERSHOP LIMITED EXCLUSIVE DISTRIBUTION AGREEMENT This exclusive distributor agreement is made and entered into by and between Intershop Limited, a limited liability private company incorporated under the laws of Scotland having a normal place of business on the Isle of Sark, hereinafter called the Publisher and ******** Mc******, a natural individual residing at 141 Bo'ness Road, Grangemouth, Stirlingshire FK3 9BS in the Kingdom of Scotland, hereinafter called the Distributor. In consideration of the Distributor using his best efforts to promote the sales and reputation of the Publishers products and the mutual promises contained herein, the parties agree as follows: 1. PRODUCT DEFINITION: All products distributed by the Publisher. 2. DURATION OF THE CONTRACT: The terms and agreement found in this contract shall be in effect for six calendar months starting from the date of the signing of the contract. At the end of that time, if Distributor sales have been significant enough to justify the exclusivity arrangement, and if both parties agree, a new and longer Distribution Agreement will be entered into. 3. DISTRIBUTION RIGHTS: Publisher grants the exclusive distribution rights for the products listed in Item #1 to Distributor. These rights will be in effect for the duration set forth in Item #2 and applicable in the geographical areas set forth in Addendum #1. In addition, Publisher does not agree not to sell directly to any person within said area, but does agree that, if such sales are made, they will be at normal United Kingdom retail prices and not discounted for volume or carriage. 4. PRICING: The agreed pricing for all products subject to this contract are listed in Addendum #2. Distributor is responsible for all shipping, handling and production costs. 5. PAYMENT: Payment will be on receipt of invoice. Publisher reserves the right not to ship new orders until previous invoices have been settled in full. 6. SHIPMENT OF ORDERS: A. Purchase Orders - Distributor shall order Products by submitting orders to the Publisher in conformance with the instructions contained in the latest edition of the "TEAM TERMINATE Operations Manual". This "TEAM TERMINATE Operations Manual" will be amended and issued by the Publisher at frequent intervals. In the event the terms of the purchase order are in conflict with the terms of this Agreement, the terms of this Agreement shall be deemed to prevail. B. Delivery - Delivery will be made F.O.B. Publishers premises. Title and risk of loss shall pass to Distributor upon delivery. Distributor will be responsible for all transportation and insurance charges. Publisher will, however, unless otherwise directed in writing by the Distributor, prepay transit insurance and freight and bill Distributor therefore. Distributor may designate a specific carrier on its' Purchase Order. Publisher reserves the right to choose an alternate carrier if shipments are not collected within forty eight (48) hours after notification. Publisher shall not be liable for any delay in delivery or performance of services due to causes beyond the reasonable control of the Publisher. Publisher will comply with all reasonable instructions of the Distributor. Standard packaging will be used unless Distributor specifies otherwise in its' purchase order, and agrees to pay any extra charges incurred as a result of the specified method of packaging. 7. DISCLOSURE: It is explicitly agreed that, in order to protect both the Publishers and the Distributors reputation and profits, both parties to this agreement will keep the other fully and promptly informed of any relevant developments or information and this on a confidential and privileged basis where time is of the essence. Publisher agrees to provide and maintain a private and secret electronic conferencing system for the mutual dissemination of information and the discussion of issues of mutual concern. This conferencing system will be open only to national distributors of the Publishers products. It is explicitly agreed that any notice required to be given by the terms of this agreement may be given instead in this conferencing system. Technical details of access to this conferencing system will be provided in the latest edition of the "TEAM TERMINATE Operations Manual" which will be amended and issued by the Publisher at frequent intervals. 8. CONFIDENTIALITY: A. Distributor agrees that the entire contents of each and every edition of the "TEAM TERMINATE Operations Manual" is the confidential and proprietary information of The Publisher. Distributor shall not directly, or indirectly disclose any details contained therein or provide any access to the "TEAM TERMINATE Operations Manual" to any third party. Distributor specifically agrees to use and store each and every edition of the "TEAM TERMINATE Operations Manual" in a manner so as to prevent unauthorized viewing and access. B. Distributor acknowledges and agrees that any unauthorised disclosure by Distributor of any proprietary information obtained from The Publisher is a material incurable breach of this Agreement. C. Distributor acknowledges and agrees that a breach of this Section of the agreement shall cause substantial and irreparable harm to The Publisher and that The Publisher will take any and all legal or equitable options available to The Publisher including pursuing punitive and criminal remedies. D. The confidentiality provisions of this Agreement shall survive any termination of this Agreement and shall remain in full force and effect for a period of five years after the date of signing of this agreement. 9. Representations and Warranties of The Publisher: A. The Publisher is making the Products available 'AS IS' and accordingly MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES i) OF MERCHANTABILITY, ii) OF FITNESS FOR A PARTICULAR PURPOSE, OR iii) ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE. B. The Publisher SHALL HAVE NO LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR ON ANY OTHER LEGAL OR EQUITABLE GROUNDS, FOR ANY LOSS OF USE, PROFIT OR REVENUE BY THE OTHER PARTY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES SUFFERED BY THE OTHER PARTY, ARISING FROM OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. 10. Miscellaneous: A. Notices. Any legal notice, request, authorisation, direction or other communication under this Agreement may either be given in writing and be delivered in person or by first-class post (or overseas equivalent), properly addressed and stamped with the required postage, to the intended at the addresses listed above OR in the electronic conferencing system maintained by the Publisher and referred to above. Either party may change their address specified above by giving the other party notice of such in accordance with this Section. B. Nonwaiver. The failure of the Publisher to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of the Publishers right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. C. Entire Agreement. Each Party acknowledges that it has read this Agreement, including the two addenda hereto, understands it, and agrees to be bound by its terms and further agrees that it is the complete and exclusive statement of the agreement between the Parties relating to the subject of this Agreement, which supersedes and merges all prior agreements, oral and written between the Parties relating to the subject of this Agreement. This Agreement may not be modified, altered or amended except by a written instrument duly executed by both Parties. D. Amendment. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. E. Invalid Provision. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. F. Assignment. Distributor may not assign or transfer any of Distributor's rights, privileges or obligations hereunder except with the written agreement of the Publisher. G. Applicable Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of Scotland and Distributor agrees and consents to the exclusive jurisdiction of the appropriate Scots Court. H. No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon either party and each party shall bear all costs and expenses incurred by it under or in connection with this Agreement. I. Implementation. Each party shall take such action (including, but not limited to, the execution acknowledgment and delivery of documents) as may reasonably be requested by the other party for the implementation or continuing performance of this Agreement. In witness whereof the parties subscribe their signatures this day of May nineteen hundred and ninety four: For and on behalf of Intershop Ltd (Publisher) (Distributor) EXCLUSIVE DISTRIBUTION AGREEMENT - ADDENDUM #1 TERRITORY Distributor's exclusive distribution territory shall consist of the following: A. The Republic of Ireland (Eire) B. The United Kingdom of Great Britain and Northern Ireland C. All dependent territories of the British Crown including, but not limited to The Isle of Man, The Channel Islands of Guernsey, Alderney, Jersey and Sark, The British Antarctic Territories, Gibraltar, St Helena, Ascension Island, Tristan da Cunha, Falkland Islands (Islas Malvinas). EXCLUSIVE DISTRIBUTION AGREEMENT - ADDENDUM #2 In consideration of the Distributor providing additional local technical support to both retail and wholesale customers, the Publisher warrants that they will sell to the Distributor all their products and at the price given in the latest edition of the "TEAM TERMINATE Operations Manual" george.collins@almac.co.uk --- TerminateMail д Private netmail/matrix дддддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 323 [1-368] Uns Pvt Rcv From : Bo Bendtsen 07-May-94 10:48:54 2:231/111 To : George Collins 2:231/111.1000 Subj : Contract *IMPORTANT* дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд ============================================================================= * Forwarded by Bo Bendtsen (2:231/111) * Area : !1_NETMAIL (MSG: Netmail) * From : Ron Dwight, 2:220/22 (Saturday May 07 1994 11:20) * To : Bo Bendtsen * Subj : Contract *IMPORTANT* ============================================================================= @MSGID: 2:220/22@fidonet 3f8a412b @REPLY: 2:231/111 2dcb1af3 @PID: FM 2.2c.mL BR00002B * Original to: Bo Bendtsen (2:231/111) cc: SysOp (2:231/111.1000) Copies to other registration sites Bo, This message is HARD and it "tells it like it is", I am sure you are not going to like it, but someone has to say this because I personally believe that you are in a LOT of trouble and you just don't see it yet. This would not be a real problem, but you are failing to listen to and understand people who are continually warning you of the hole you are digging for yourself. > ================================================== > * Forwarded by Bo Bendtsen (2:231/111) > * Area : REGSITES.TER (IntЁOnly for Terminate registrerings > steder) > * From : Bo Bendtsen, 2:231/111 (Saturday May 07 1994 As this copy was sent via NetMail, can I presume that I have now been removed from REGSITES.TER? If so, for what reason and why without notice? Please answer this one IMMEDIATELY and CRASH as I am not willing to continue sales and support while these silly games are going on. George stated that my write access to REGSITES.TER would be removed at the end of April and read access at the end of May, if this access has been removed NOW, I would like to know why. > ================================================== > Basicly nothing changes with this contract. It is made > mostly because we want it to be more commercially and that > a lot of you asked for something more formal. When a contract is entered into, legal obligations are made and the signatories are BOUND to follow them. It matters nothing about any "explanation" that you or George or anyone else cares to make, the ONLY important points are those written into the contract. If they are not satisfactory, then they must be changed. The fact that you believe a simple explanation is enough shows an incredible lack of understanding of business matters on your part. > I want to explain some things. What difference will "explaining" anything, make to the contents of the contract. Are your explanations legally binding in a court of law? > 1. The reason that a registration site cannot stop being a > regsite at once! > Since your name will be in the released version of > Terminate, you would continue to receive registrations for > a very long period giving the rest of the team problems. > But why should anyone want to stop anyway if they are > making money on Terminate. This is a decision you must > take, because you cannot only be a registration site for > 2-3 month and then say, well i don't earn enough money and > want to stop, forcing us to release a new version. Hope you > can see the problem with that. This has been promised to me ever since I joined the team and yet NOTHING has happened. No released version has gone out with our details in it, even after we have satisfied EVERY one of George's initial demands. I have agreed that I will continue to market and support TERMINATE in Finland, but I will do it without a contract and without exclusivity. If I cannot be trusted to do that then you are forced to find someone else, but if this particular contract is the only one you are offering, you are going to do a LOT of damage to your own reputation and product wellbeing. > 2. Why the contracts must be made with a human person. > I want a single person to be responsible if anything goes > wrong in a country. The contract makes these people personally liable for any and all debts incurred, even the debts were not their own fault. Take a simple example: I order 50000 keys for sale to a modem manufacturer here in Finland, the labels get lost in the post and were not fully insured. I will owe you 50000 pounds with no recourse but to pay it from my own pocket. Do you seriously expect ANYONE to take that sort of risk? > If for example a company is sold to someone else or the > shares are sold and suddenly the company does not give any > support, then all the other registration sites again will > have to do his/her job and handle all his/her problems. What if Intershop is sold or decides not to support TERMINATE any longer? > Giving us a bad reputation. If one person is in charge he/ > she is of course free to do whatever he likes with > partners, but he is still responsible in the end. As I said in an earlier message, why then is Intershop involved? Why not make it a PERSONAL contract with George Collins? let's have a balanced contract in both directions. > This is not only something that I want because it then is > easier to get the money that the person owes, but also i > safety feature to ensure YOU and the other registration > sites that someone just sells the right to be a distributor > to someone else that might not is able of handling the job. > The invoices can be made to who you want it. Do you know of ANY other organisation which operates distribution in this manner? Most "sensible" operations want to work with companies simply because if there are problems, the assets of the company are backing for any problems which may arise. Sure a company can go bust, but people die. > 3. Product definition. If you read distribution rights. If > you got the feeling that you were forced to sell anything > else than Terminate, how could anyone give exclusive deals > to someone for products. Firstly the contract is NOT an exclusive deal. If we are only required to seel TERMINATE, then define it in the contract. My extension was that Product Definition was those products distributed by Intershop and agreed to be distributed by the regsite. What's wrong with that? I am not going to agree to sell any and all products which Intershop say I must sell. Look Bo, I don't give a toss what YOU think the contract means, I don't give a toss what I think the contract means. What is important is WHAT THE CONTRACT STATES and what my lawyer (and other people's lawyers) say the contract MEANS. > 4. Termination. Of course the publisher must be able of > removing any registration site that is not supporting the > product as expected of the rest of the Team. If a > distributor fails to sell the product correctly, we all > have to sort out his/her problem. So why can't the regsite drop the contract as well? There is NOTHING in the contract about the distributor stopping the contract and a FIVE year secrecyt clause is ludicrous. You may also find it is unlawful in many countries. > Bottom line of this is that it is only a contract and the > only thing you could ever loose in my opinion is the right > to sell Terminate. That just about sums it all up and this makes me VERY worried about YOUR future. Terms like "it's only a contract" will get you in court with everything you ever owned being taken by someone else. If the right to seel TERMINATE is the ONLY right we will ever lose, then please put that in the contract in writing. The term "in my opinion" is one of the most dangerous things you have EVER said. Bo, don't have an opinion, you are not clever enough or experienced enough to have one. When you get a little older and a LOT wiser perhaps you will learn to say, "I don't have an opinion, but my lawyer does." > So there is nothing really to be affraid > of, and what are the chances of a conflict anyway. If there are no chances of conflict then why do we need a contract? > The only thing that could bring you to court is if you > suddenly dissappear owing a large sum of money and does not > pay. If that is the only thing then please put that clause IN THE CONTRACT. When you discuss that with your lawyer, you will become a LOT wiser. > But since you are paying almost every month or so, you > would not owe so much money that it was worth taking anyone > to court. So the only ones that should fear this must be > the ones that are not sure that they can continue selling > Terminate in the future. Your attitude in this matter is nieve in the extreme. Bo, get a lawyer, get a good one and talk to him. You are MUCH too young and MUCH too inexperienced to understand just what it is that you are getting into in these matters. You are heading for a VERY big fall if you are not very careful and it makes me very, very sad to see someone like yourself take this direction. It's all so avoidable if you just take a little advice from the right people. > But that was only my comments, and please if you have any > suggestions or questions please call the number on top of > the contract. This is cc:ed to George and some of the other members of TEAM TERMINATE. Please let me know my status as regards REGSITES.TER as soon as you have read this. The previous messages I sent to you as "Personal and Confidential" were obviously disscused with George. You had absolutely NO right to do that and once confidentiality has been breached, it cannot be repaired. I have told you in the past that I do not trust George, the future will tell if that is true or not, but talk to a COMPETANT lawyer about this contract and then ask him if the person who wrote it can be trusted. Don't take my word for it, take the advice of experts. Cheers, ============================================================================= [In confidence as always, please respond crash with crash] Hello George! . MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate д Private netmail/matrixдддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 327 [1-368] Uns Pvt Cra Rcv Att From : Ron Dwight 08-May-94 12:38:42 2:220/22 To : George Collins 2:231/111.1000 File : M:\IN\FINLAND.REG ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд * Original to: George Collins (2:231/111.1000) cc: Bo Bendtsen George & Bo, Here is the latest version of FINLAND.REG and as you can see, we are now accepting credit cards. Just to repeat what I have stated before: 1) We are willing to continue the promotion of TERMINATE in Finland, it's sales and support. 2) I will NOT sign a personal contract with Intershop Ltd unless my personal liabilities are defined in the contract and are strictly limited. I think you will find that this is the same situation with the vast majority of the other registration sites. 3) I will continue taking registrations for TERMINATE until informed to stop by either Bo or a representative of Intershop Ltd. 4) We will activate full support, once again, as soon as contact is re-established via REGSITES.TER Please NetMail me if this contact is re-established. 5) If I am replaced as the Finnish regsite then you will ensure that every single regsite is informed that the Finnish translations, as made by us, must be removed from circulation. This is to apply immediately I am withdrawn or replaced as regsite, unless otherwise informed, in writing, by me. This will be revoked if a satisfactory financial arrangement can be made. We will take legal measures against any person or company who violates our copyright. New FINLAND.REG is attached. Cheers, д Private netmail/matrix дддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 342 [1-368] Uns Pvt Rcv From : Bo Bendtsen 13-May-94 18:36:22 2:231/111 To : George Collins 2:231/111.1000 Subj : Tax-planning. ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! I hired this lawyer friend of mine today. He will now handle all my money-affairs in the future. He is looking into my affairs and will handle the move to London. It will be done very shortly, so don't worry about this. We are talking around 1-2 month max. After I move I am not liable for paying taxes 4 years to Denmark. That is not a problem. I can earn any amount of money without paying taxes unless I bring the money into UK. I will talk with the lawyer about these things at some time and how I want my future to be. MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate д Private netmail/matrixдддддддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 345 [1-368] Uns Pvt Rcv From : Bo Bendtsen 14-May-94 08:15:30 2:231/111 To : George Collins 2:231/111.1000 Subj : Relax дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! I think you need to relax a little with all this contract stuff. Until my lawyer have sorted out my financiel position. I cannot see the reason for rushing things. MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate д Messages written by you ддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 824 [2-846] Pvt K/s Loc From : George Collins 14-May-94 07:55:28 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Relax ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> I think you need to relax a little with all this contract stuff. BB> Until my lawyer have sorted out my financiel position. I'm not too sure what you mean. If you are talking about the contract with Intershop Ltd and you then we shook hands on that and I have already gone to a LOT of expense and commitment on Sark - about °11,000 worth... If you are talking about the contract between Intershop Ltd and the REGsites then I would like to see things put on a businesslike basis at the same time that 1.5 is launched - remember that it is still my intention to hire a PR person to be the public face of the Publisher. Please be kind enough to give me a ring on Sark tomorrow when you have time to explain your feelings - this is rather worrying... --- TerminateMail д Private netmail/matrixдддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 348 [1-368] Uns Pvt Rcv From : Bo Bendtsen 14-May-94 09:53:06 2:231/111 To : George Collins 2:231/111.1000 Subj : Relax ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! Saturday May 14 1994, George Collins writes to Bo Bendtsen: GC> I have already gone to a LOT of GC> expense and commitment on Sark - about °11,000 worth... Remember we have a new situation since my tax-situation is different, because I am moving to London. You will have to wait on what I decide to do with my life in the next few days while I talk with this guy. GC> Please be kind enough to give me a ring on Sark tomorrow when you GC> have time to explain your feelings - this is rather worrying... I am sorry I will not discuss these things on the phone. Do I really have to explain why again ? MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate д Messages written by youддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 827 [2-846] Pvt K/s Loc From : George Collins 18-May-94 13:43:11 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Relax ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> Saturday May 14 1994, George Collins writes to Bo Bendtsen: BB> BB> GC> I have already gone to a LOT of BB> GC> expense and commitment on Sark - about °11,000 worth... BB> BB> Remember we have a new situation since my tax-situation is different, BB> because I BB> am moving to London. You will have to wait on what I decide to do with my BB> life BB> in the next few days while I talk with this guy. When you asked me in September if I could give a 2 year commitment to Terminate, I told you I could not - but I would commit to six months. At Darmstadt I was persuaded to continue as Publisher until 5 June 1994 and this I will try to do. I think you understood that I wanted to get on with my life, find a wife and start a family. I told you last month in Copenhagen that Terminate could be making MILLIONS not thousands if it had a full-time professional publishing team and I had plans to hire the appropriate personnel to work for Intershop Ltd - financed by the increased sales. What we AGREED then would also have been the most secure PRACTICAL tax avoidance scheme that my brain could devise - but that is really a bonus since with a professional publisher and publicist there would be a much bigger cake to divide. You may laugh at my funny old-fashioned ideas of honour and think they are a game. A quick look at Ireland or Palestine would show you that notions of betrayal and injustice are very deep and important with some people and you ignore these at your peril... What we agreed and shook hands on would have ensured that you had a full-time and committed publishing team - whatever inferior arrangements you conclude with your London Lawyer will not address that issue. You have every right to decide what is best for yourself (and also Terminate). But I have the right to expect to be told your decisions and reasons when you are reneging on agreements that totally affect my lifestyle and career choices. I would not have undertaken the Sark domicile (with driving tests, meetings with the Vicar and Seigneur) and all the rest if I was just going to operate T-Regs - since this could have been handled from Glasgow. My personal credibility and reputation is important to me and I can not continue to reassure TEAM TERMINATE players and other authors that they have a sound financial future under these new circumstances. I am NOT going to be put at risk of breaking my word to others because you break your word to me. If we have not clarified the situation in 48 hours then I must issue a statement explaining that Intershop Ltd are withdrawing from the publishing business and recommending interested parties to contact you directly. We would also need to agree a suitable statement to be published on T-Day or 4 June 1994, whichever is the earliest. You previously agreed that I could operate T-REGS for the next two years, and I bought equipment and hired two employees on this basis. Do you intend to break this agreement as well? BB> GC> Please be kind enough to give me a ring on Sark tomorrow when you BB> GC> have time to explain your feelings - this is rather worrying... BB> BB> I am sorry I will not discuss these things on the phone. Do I really BB> have to explain why again ? No. 1) I explained to you the severe insecurity of Cell 'phones - use the land line - I will not record you on 041-*** **** 2) I am surprised that you feel morally able to break agreements at whim without the courtesy of an adequate explanation of necessity. Do you wish me to behave in the same way? Not a rhetorical question, Bo... If you really find it necessary to renege on your agreements and feel unable to explain why on the telephone, then there is a daily flight from Copenhagen to Glasgow... PS: Your Lawyer has NOT 'phoned me. --- TerminateMail д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 832 [2-846] Pvt K/s Loc From : George Collins 19-May-94 16:27:37 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : T:\DOCS\GENERAL\ALMANAC.ARJ ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL 19-May-94, Bo Bendtsen wrote to George Collins Subject: T:\DOCS\GENERAL\ALMANAC.ARJ BB> [In confidence as always, please respond crash with crash] BB> BB> Hello George! BB> BB> Almost same as Almac ================================== You have me totally baffled Bo! Did you just send me a 100K file because it had a similar name to a BBS **********? Or is there something I have missed? Please advise and clarify by return so that I can concentrate on something else (I hate mysteries: ALMANAC.ARJ is a Windows 3.0 diary application ALMAC is the trading name of Europe's biggest named from some of the letters in ALastair MCintyre...) More importantly, I expect, your lawyer in London has still not 'phoned me. I have however been talking to the Inland Revenue in London (not about you by name, of course) and I am now even more worried by what I understand from you that he proposes: as a tax avoidance scheme it simply will not work if you maintain property in the UK which is available for your use... I really think it would be MUCH cheaper for you to pay to fly me and you to London and the three of us discuss this with your Lawyer there since you do not wish to discuss this on the telephone... PS: I confirm that I have paid for a double hotel room each for you and me at ONE BBSCON in Atlanta. george.collins@almac.co.uk --- TerminateMail д Messages written by you дддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 833 [2-846] Pvt K/s Loc From : George Collins 20-May-94 12:02:54 2:231/111.1000 To : Bo Bendtsen 2:231/446 Subj : Cosmic CRASH vital!!!!! дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL Hello, Bo, nice to see you here! This is what I faxed to you this morning: GEORGE COLLINS Rue du Moulin Isle of SARK GY9 0SA 20 May 1994 Bo Bendtsen Kastanie Alle 14 Voice: 010-45-42643995/331 2620 Albertslund Faxed to: 010-45-42643357 DENMARK Dear Bo RE: Reassuring me Thank you for saying yesterday that, unlike the deal with Intershop Ltd, etc., you have no plans to renege on our T- REGS agreement. It would please me greatly if you could, today and before lunch 1. write me a letter in the sort of terms as what follows 2. before you post the letter to me today Airmail, also fax it to me on +44 481 832651 "Dear George I am sorry I felt I had to break our agreement about Intershop Ltd, etc., and that I did not ask you to agree to my breaking my word and just wrote you a netmail instead. Although the important details were clearly summarised before we shook hands when you were here in Albertslund last month I had not really fully considered the implications and feel I was rushed in to things. This is a cultural difference: agreeing things verbally means little to me. But when I sign something in writing (like this letter, for example) I do mean to stick to my written word and I hope that this will re-assure you enough to forgive my rudeness (it was due to a misunderstanding) and continue operating T-Regs for a period of two years. I will a) update each new version of Terminate with the correct T-REGS details as advised by you during that time b) allow you to delegate the day to day running of T-REGS to any person you see fit (eg: Intershop Ltd) as long as they preserve secrecy and the security of the keyfile-making machinery and in return you will continue to pay me °10 on demand for each keyfile T_REGS generates. Please note that this agreement about T-REGS is separate and distinct from anything else we should agree or not agree about publishing, etc. I am sorry if you feel I have messed your plans about and we will try and resolve the other issues today or within the next week at the latest." I am afraid your London lawyer has still not contacted me so (and especially after speaking with UK Inland Revenue HQ in London in general terms) I still think he is totally misguided: it would be much cheaper if you paid for me and you to fly to London and speak with him together in confidence since you stand to lose millions if the Publisher and Programmer does a good job and he doesn't... Sincerely yours Dr George Collins --- TerminateMail д Private netmail/matrixдддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 351 [1-368] Uns Pvt Rcv From : Bo Bendtsen 20-May-94 16:44:14 2:231/111 To : George Collins 2:231/111.1000 Subj : Your way ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! I could not believe my eyes today with that fax you sent me ? Here is what I will not hear from you again: This "DO THIS TODAY or within 48 hours or ELSE!!!" does not work on me. Do not write 'my' letters for me and ask me to fax it to you. Do not write my contracts for me. Instead write: Here is my suggestions for a future agreement: 1. 2. (Boy, does you remind me of Ron today...). Any contract or agreement will be checked through this lawyer before I sign anything in the future. That is actually why I hired him, so he can make sure that I do not make mistakes. I do not want my lawyer to discuss my personal affairs with anyone. When he calls you, I expect that it will be shortly and that you keep to the point of the inland revenue and the danish tax-system. Keep in mind that we are not married. MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate д Messages written by youддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 835 [2-846] Pvt K/s Loc From : George Collins 20-May-94 21:08:48 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Your way дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> I could not believe my eyes today with that fax you sent me ? Then you'd better open them. I did not break my word to you. You broke your word to me. Where I come from that little word sorry is pretty important. BB> Here is what I will not hear from you again: Wrong! When you're out of order I'll tell you and I hope that won't be too often. BB> This "DO THIS TODAY or within 48 hours or ELSE!!!" does not work on me. You're really not reading too well today, Bo. I did not say "or ELSE!". I said it "would please me greatly". If you really don't want to please people but instead piss me off you're certainly going about it the right way... BB> Do not write 'my' letters for me and ask me to fax it to you. If you were a mensch we would not be in this situation where you can't see that you just slapped me in the face. BB> Do not write my contracts for me. BB> BB> Instead write: BB> BB> Here is my suggestions for a future agreement: BB> 1. BB> 2. What's the point in writing agreements that only one side will keep? BB> (Boy, does you remind me of Ron today...). Maybe now I see what was bugging Ron. I could never understand why he would not accept my word on things. Maybe he realised that my word did not count in the final analysis because you would not behave honourably. My word is very important to me and I can not do my job unless I have confidence that I am not put in aposition where I have to break it because you break your word to me without explanation or reason. BB> Any contract or agreement will be checked through this lawyer before I BB> sign BB> anything in the future. That is actually why I hired him, so he can make BB> sure that I do not make mistakes. Fine. But remember it's sometimes a good idea to concentrate on making a nice big fat cake before you argue about how many slices you get.... BB> I do not want my lawyer to discuss my personal affairs with anyone. When BB> he BB> calls you, I expect that it will be shortly and that you keep to the BB> point of the inland revenue and the danish tax-system. That's natural - but I can't see the point in taking things any further. I said I would finish on 5 June 1994 but it might be better if we finish today. What do you think? --- TerminateMail д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 836 [2-846] Pvt K/s Loc From : George Collins 20-May-94 21:22:48 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : My lawyer ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> I talked with my lawyer today. He called you today, said his name, then BB> a very rude person asked him to clearly say his name again. He thought BB> this rude Rubbish! This is the transcript: GC: Good afternoon. He: blugggser rwesrser. Can I speak to george collins? GC: I'm sorry, It's a terrible line and I missed your name? He: I want to speak to George Collins GC: Fine, but would you give me your name or organisation again 'cos I didn't catch it the first time. He: I want to speak to George Collins. GC: I'm afraid you're not hearing what I'm saying. If you won't tell me your name or where you're from, then I'm afraid I will have to hang up.... Click. If this guy is really a Solicitor of the Supreme Court then he is required by his professional code of conduct to say who he is. I thought he was some crank calling on my ex-directory line! BB> person was somebody that worked for you and the person would not give BB> him the BB> name, then this person hung up the line after saying, well then I have BB> the BB> right to stop talking to you. You and me both know that this was you!. Yes, that was me and read the transcript above! BB> I personally think that offending my lawyer on his his first call was BB> something BB> of the most unmature thing you have done since the meeting in Darmstadt. Rubbish. I didn't know who he was since he refused to say. And that's it Bo. I have better things to do with my life than indulge in this Fido nonsense. If you have a problem with my behaviour then call me - it's quicker and cheaper in the long run! This whole problem began because you were too scared to 'phone me and tell me you wanted to cahnge your mind. Stop trying to hide behind a keyboard. --- TerminateMail д Private netmail/matrixдддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 358 [1-368] Uns Pvt Rcv From : Bo Bendtsen 21-May-94 11:39:16 2:231/111 To : George Collins 2:231/111.1000 Subj : Today дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! I am sure this will make you happy. I talked with my lawyer today and will fly over to London in the next week. When I see him I will first look at apartments and choose one. Afterwards I arranged that I and my lawyer will make the actual contract for T-Regs and the agent (or distribution contract or whatever it is called). From you I need all the information and suggestions you have for these contracts. You should write if you want it directly with you or Intershop. You said something about having two contracts one for T-Regs and one for publishing, write everything in a netmail and I will confirm I got it. Make everything simple and in an easy language, so I don't have any problems with understanding these things. When this is done you will be offered this (or these) contracts. Please summerize all the prices and everything we agreed on, since you know how bad I remember things. If there is anything I do not understand I promise to call you and talk about it voice. With simple I don't want long legal sentences, but I want things in this style: 1. We agreed that Bo would get 10° for a keyfile generated on T-REGS. 2. We agreed that Bo would get 75p for every sold LITE copy. 3. We agreed that George would operate T-REGS for at least two years. etc. etc. "I do mean to stick to my written word and I hope that this will re-assure you enough to forgive my rudeness, which was coursed by a misunderstanding" That should make your day without too much sweet-talk. MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 837 [2-846] Pvt Cra K/s Loc From : George Collins 22-May-94 11:14:59 2:231/111.1000 To : Bo Bendtsen 2:231/446 Subj : Cosmic CRASH, Vital! Phone call, please. ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL I need to talk to you voice as quickly as possible about: ============== Norway Argentina South Africa Finland ONE-BBScon Releasing a `sneaky' 1.5 for the Shareware awards T-REGS Publishing Terminate Terminate OS/2 London ============== Rather than me call you at an inconvenient time, could you call me as soon as you are able. There is no recorder on 041-*** **** george.collins@almac.co.uk --- TerminateMail д Messages written by youдддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 838 [2-846] Pvt K/s Loc From : George Collins 22-May-94 11:21:07 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Today ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> I talked with my lawyer today and will fly over to London in the next BB> week. BB> When I see him I will first look at apartments and choose one. BB> Afterwards I arranged that I and my lawyer will make the actual contract BB> for T-Regs and the agent (or distribution contract or whatever it is BB> called). There is a fundamental misunderstanding here. WE already made the contract between us for T-REGS. All that I am asking you to do is re-assure me by writing the letter (not auto-faxing a netmail) I suggested (or modifying it appropriately). It does need to have your real signature on the bottom, though. None of this would ever have been necessary if you had not reneged on the Publishing deal with Intershop Ltd. AFTER you have done this I hope I will have the confidence to re-address the Publishing issues - and the more you scream and wriggle and prevaricate about writing a simple letter the MORE (not less) I distrust you. Please note something I don't think I'll ever think differently about: If you find it necessary to keep writing things out on paper with someone, then either they have a lousy memory or you should try to choose someone else to do business with. The "Exclusive Distribution Contract" was written because that's what some of the REGsites wanted. The "TERMINATE by Bo Bendtsen: Contract of Sale" was written to show to the Tax authorities - the REAL agreements we have already shaken hands on... Now, we can talk about the latter (as you should have done before you shook hands) and I PREFER you to get independent advice (as long as it's good - that's why I suggested you talk to your father before...) but one fundamental thing remains: write me that letter! (and don't give me some bullshit about not breaking your word to your lawyer - how do you think that makes me feel when it's OK to break your word to me but not to your lawyer?) BB> With simple I don't want long legal sentences, but I want things in this BB> style: No. Before this even happens we need to agree the principles. And I think that should be done between the three of us: Me, You and your Lawyer in London on Tuesday or it will simply be too late and too expensive for you. Then if you need it in writing, then your lawyer can do it (at °100 an hour) - I don't need it as long as I feel I can trust you. BB> 1. We agreed that Bo would get 10° for a keyfile generated on T-REGS. Correct. BB> 2. We agreed that Bo would get 75p for every sold LITE copy. and for Plus, too. BB> 3. We agreed that George would operate T-REGS for at least two years. Correct. BB> "I do mean to stick to my written word and I hope that this will BB> re-assure you BB> enough to forgive my rudeness, which was coursed by a misunderstanding" Then send me the letter I asked for with a REAL signature on the bottomn and we can move on to more productive things - BUT QUICKLY! --- TerminateMail д Private netmail/matrixдддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 360 [1-368] Uns Pvt Rcv From : Bo Bendtsen 22-May-94 13:20:38 2:231/111 To : George Collins 2:231/111.1000 Subj : Today дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд GC> WE already made the contract between us for T-REGS. All that I am GC> asking you to do is re-assure me by writing the letter GC> (not auto-faxing a netmail) GC> I suggested (or modifying it appropriately). GC> It does need to have your real signature on the bottom, though. What contract... we perhaps have an oral agreement, but that is not what I understand with a contract. My understandment is that it is a piece of paper with signatures. And everything will have to be written down in the future so I do not forget the details. I will not send anything to anyone with my signature before the lawyer has said ok. That is how things will happend in the future. GC> Publishing issues - and the more you scream and wriggle and GC> prevaricate about writing a simple letter the MORE (not less) I GC> distrust you. Well that too bad, you got my netmail where I said I am sorry about all this, and now you are saying it was not good enough and you want more... Come on George, my lawyer gave me this advice: Start looking at things commercially and stop discussing unimportant things like that. You cannot claim that you are not in somehow responsible for this situation. You admitted that you felt surprised that I did not say anything. I never really liked doing it your way and always wanted a second opinion anyway. But since you kept on telling me how much I must work I perhaps forgot how important this was. GC> The "Exclusive Distribution Contract" was written because that's GC> what some of the REGsites wanted. The "TERMINATE by Bo Bendtsen: GC> Contract of Sale" was written to show to the Tax authorities - the GC> REAL agreements we have already shaken hands on... These agreements will be written down on paper and signed by both of us, so we are sure what was agreed. GC> Now, we can talk about the latter (as you should have done before GC> you shook hands) and I PREFER you to get independent advice (as GC> long as it's good - that's why I suggested you talk to your father GC> before...) but one fundamental thing remains: write me that GC> letter! And you keep forgetting that this is not my fathers special. The other guy is much much more into these things and have many years of experience. GC> (and don'[t give me some bullshit about not breaking your word to GC> your lawyer - how do you think that makes me feel when it's OK to GC> break your word to me but not to your lawyer?) I am sorry but I cannot break my word to my lawyer at any time. You cannot compare yourself to my lawyer because you are not the impartial party. The better deal you make the more money you make. He is payed by the hour and not on how much I am paying him. If things go good for me and he does not rip me off they more contracts and things like that I will bring him in the future. GC> And I think that should be done between the three of us: Me, You GC> and your Lawyer in London on Tuesday or it will simply be too late GC> and too expensive for you. I am sorry, but you are not going to meet my lawyer at this time, this is personal and he and I does not want anyone to be present while we talk about my future. GC> Then if you need it in writing, then your lawyer can do it (at GC> °100 an hour) - I don't need it as long as I feel I can trust you. Yes George we need it in written. BTW he is more expensive than what you are taking a wild guess at, but in the end he will save me much trouble. BB>> 1. We agreed that Bo would get 10° for a keyfile generated on BB>> T-REGS. GC> Correct. BB>> 2. We agreed that Bo would get 75p for every sold LITE copy. GC> and for Plus, too. You have to explain me this as well. I cannot understand how you could have talked me into this with the PLUS version and I cannot remember your arguments for this. GC> Then send me the letter I asked for with a REAL signature on the GC> bottomn and we can move on to more productive things - BUT GC> QUICKLY! Sorry, when people demand things from me, they rarely get anything. MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate д Private netmail/matrixдддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 361 [1-368] Uns Pvt Rcv From : Bo Bendtsen 22-May-94 13:44:00 2:231/111 To : George Collins 2:231/111.1000 Subj : Cosmic CRASH, Vital! Phone call, please. ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! Sunday May 22 1994, George Collins writes to Bo Bendtsen: GC> Norway GC> Argentina GC> South Africa GC> Finland GC> ONE-BBScon GC> Releasing a `sneaky' 1.5 for the Shareware awards GC> T-REGS GC> Publishing Terminate GC> Terminate OS/2 GC> London GC> ============== GC> Rather than me call you at an inconvenient time, could you GC> call me as soon as you are able. There is no recorder on GC> 041-*** **** Not today and tomorrow it is holidays and I don't Pia to be angry because I will spend more than an hour on the phone with you. MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate д Messages written by youдддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 842 [2-846] Pvt K/s Loc From : George Collins 22-May-94 15:09:06 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Today ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> GC> Then send me the letter I asked for with a REAL signature on the BB> GC> bottomn and we can move on to more productive things - BUT BB> GC> QUICKLY! BB> BB> Sorry, when people demand things from me, they rarely get anything. If that's your final word and you refuse to heed your own advice about sorting things out voice then it only remains for us to agree a joint statement. Failing that agreed joint statement I will simply make a unilateral announcement. You really can not expect to behave in this unethical and rotten way and expect me to tolerate it. --- TerminateMail д Messages written by youддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 843 [2-846] Pvt K/s Loc From : George Collins 22-May-94 15:12:55 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : Netmails дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> George I will admit that we are a much better to argue verbally than me. BB> You know that and that is of course why you want to have these BB> discussions over BB> the phone so you have an advantage. You have to remember two things. BB> BB> 1. you are older than I and have more experience in discussing over the BB> phone. BB> 2. I have the hole time to talk in english which makes me slower because BB> I all BB> the time will have to think twice before saying something. BB> (If you learned danish we would be more equal). BB> BB> These are the reasons why I like netmail better, because here I have time BB> to BB> think without you have the possibility of confusing me. BB> BB> It is also harder of convincing me in netmail, which is of course why you BB> want BB> these voice-conversations. I talk so much in the phone that sometimes BB> when I BB> put down the phone I forget who I just spoke with and what I spoke about, BB> that BB> is why I also sometimes forgets names. In netmail I can always look back BB> and BB> read the letter again, i cannot do this with phonecalls, and it is BB> against my BB> morale principles to buy a recorder. Except for the latter (what moral principles?) AGREED AND UNDERSTOOD ! But right now you have to get this through your thick skull: 1. You have made me very angry by reneging on one (possibly two) deals 2. Nothing else will happen the way you want it until you have re-assured me about T-REGS. Unusually I will agree to re-negotiate anything else by PRETENDING that you were weak and stupid when I talked to you in Albertslund (you weren't) But why should I waste any more of my life negotiating things you will not stick too? 3. A deal is a deal with me and is sacred whether it is oral, written on paper or in blood. And if we can't see some way round this then you will just have to find someone else to play silly buggers with. So you choose: keep your word to your Lawyer or keep your word to me. george.collins@almac.co.uk --- TerminateMail д Messages written by youддддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 844 [2-846] Pvt K/s Loc From : George Collins 27-May-94 14:07:55 2:231/111.1000 To : Bo Bendtsen 2:231/111 Subj : network address ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL BB> ==================================== ========================================= BB> * Forwarded by Bo Bendtsen (2:231/111) BB> * Area : !1_NETMAIL (MSG: Netmail) BB> * From : Don Hamilton, 2:231/111.9999 (Monday May 23 1994 11:51) BB> * To : Bo Bendtsen BB> * Subj : network address BB> BB> ==================================== ========================================= BB> @INTL 2:231/446 2:231/111 BB> @FMPT 9999 BB> @PID TER 1.41 +D.E.Hamilton BB> Hi Bo, BB> BB> Would you please give me a network address. So that I may get some BB> answers BB> to problems I am having with Terminate. BB> BB> I run a Commercial Business BBS and needed something like Terminate to BB> send out to new users as part of a starter pack. Would like to discuss BB> pre-registering copies for this purpose. I am also UK Host to BIZynet and BB> the network are also interested in recommending Terminate. So it is BB> urgent that I get Terminate running without problems. BB> BB> Best regards, BB> Don Hamilton BB> BB> BB> BB> BB> -+- Terminate 1.41 BB> BB> ==================================== ========================================= BB> BB> [In confidence as always, please respond crash with crash] BB> BB> Hello George! BB> BB> This guy must have registered through T-REGS otherwise I haven't made the BB> registration. Presumably. Perhaps this is the record: --------------------------------------------------------------- # 2410- CreditCard | 5401 **** **** **** Merchant | 784 9409 INTERSTOP, Glasgow Price | 25 Pounds Expires | 10/94 Auth: 021740 Name | D.E.Hamilton Address 1 | ** ******** Rd, Folksworth, Address 2 | ************. PE7 3SF Address 3 | UK Phone | 0733 24**** Signature | D.E.Hamilton ********* | ************ Date/Time | 21-May-94 10:16 Status | Purchase complete Manu/Product | 0000 Unregistered 0000 Terminate Note | ******* | ** ************* / ** Refund | 0,00 Total refund 0,00 Version 1.20 ---------------------------------------------------------------- # 2411- I closed T-REGS two days afterwards (and since 23 May 1994 T-REGS has remained closed with a notice saying simply: "T-REGS is closed until further notice") since I have not had the letter that I requested from you confirming the deal with T-REGS. It is very difficult to hire good and reliable staff if I can NOT reassure them as to how long the job will last and, in any case they need a period of some days training. It really is very silly of you not to write a simple letter! george.collins@almac.co.uk --- TerminateMail д Messages written by youдддддддддддддддддддддддддддддддддддддддддKeepItд Msg : 845 [2-846] Pvt K/s Loc From : George Collins 29-May-94 10:25:37 2:231/111.1000 To : Bo Bendtsen 2:231/446 Subj : FYI дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддYOUWROTEд * Written in: NETMAIL I assume you've a) died b) gone on holiday without telling us c) decided to go incomunicado so much for you saying at Darmstadt that you would treat this as a business. (******** Mc****** and others are getting pretty disgruntled at the lack of response)...I'm off to London, Tuesday evening to have my eye operation - they rang me just as I was on the way to the airport to go to New Zealand... Anyway, here are some snippets you may be interested in: =========================================================================== BBS: ╝╝ ALMAC BBS Ltd. ╞╞ Date: 25-05-94 (18:25) Number: 1703 From: JEFF WOODS Refer#: 1695 To: JACK HUDGIONS Recvd: NO Subj: Telix under OS/2 Conf: (3975) R-TELIX --------------------------------------------------------------------------- MM| A quote from none other than Colin Sampaleanu: MM| version) runs great under OS/2 (and somewhat more efficiently than | before with the changes I did to the comm routines for 3.22) JH>This is interesting... Colin worked on version 3.22?? We asked him to hunt down a bug in routines that he was much more familiar with than we were, and he did so. The 16550 changes are described in the WHATSNEW.322 file. Jeff Woods | CIS: 71035,2167 | Internet: Jeff.Woods@delta.com deltaComm Dev. | Fido: 1:151/107 | Direct BBS: 919-481-9399 v.32bis * DeLuxe2 1.26b #171s * CLINTON: Chronic Liar In Nation's Top Office Now. --- * deltaComm Online 919-481-9399 - 10 lines * PostLink(tm) v1.20А DELTA (#22) : RelayNet(tm) =========================================================================== BBS: ╝╝ ALMAC BBS Ltd. ╞╞ Date: 27-05-94 (09:08) Number: 683 From: PAUL PYRYEMYBIDA Refer#: NONE To: ALL Recvd: NO Subj: RIPscrip 2.0 Announcement Conf: (2329) RIPSCRIPT --------------------------------------------------------------------------- We here at TeleGrafix know that everybody is anxiously waiting for RIPscrip 2.0. People have been concerned about their older artwork being compatible with the new version. We have put a lot of effort into making 2.0 as backwards compatible as possible. Overall, the language is nearly 100% compatible with older 1.x RIPscrip files. There is one exception however. 2.0 will not have a "fill" command like its earlier 1.54 versions had. There will still be filled objects like filled circles, rectangles, etc. There will not be a so-called "flood fill" command. There are a lot of reasons behind this, the most critical reason is that a fill at one resolution may not work properly at another. Also, fills work differently under MS Windows, OS/2, Macintosh, Amiga and DOS. With all of the complexities involved, having a reliable fill operation cannot be achieved under multiple resolutions and platforms. With this in mind, we are giving everybody some "advanced warning" about the removal of this command from RIPscrip. Those of you who use this command in your artwork should be forewarned that your scenes using this command will need to be modified to appear properly under 2.0. We apologize for the removal of this command. It has been necessary though to get 2.0 out the door. TeleGrafix Communications, Inc. --- Ч SLMR 2.1a Ч TeleGrafix Communications, Inc. Ч 714/379-2131 Ч [R2.00q] ILink: The Kandy Shack Ч Garden Grove, CA Ч 714/636-2667 =========================================================================== BBS: ╝╝ ALMAC BBS Ltd. ╞╞ Date: 26-05-94 (20:08) Number: 2954 From: SCOTT ARPAJIAN Refer#: NONE To: ALL Recvd: NO Subj: ZD Shareware Awards Conf: (3944) R-SHWARE --------------------------------------------------------------------------- ZIFF-DAVIS SHAREWARE AWARDS DEADLINE APPROACHES The final day for submissions to the first annual Ziff-Davis Shareware Awards is JUNE 1, 1994. The ZD Shareware Awards will honor the best shareware of the past year, and will be presented at the Summer Shareware Seminar/ONE BBSCON on August 19. The Ziff-Davis Shareware Awards are co-sponsored by Ziff-Davis Interactive, PC Magazine and Computer Gaming World. Winning programs will be featured in the magazines and on ZiffNet. To qualify, your shareware program must have been released or significantly upgraded between January 1, 1993 and June 1, 1994. Ziff-Davis has provided an easy to use 800 number for uploading your submissions. The number is: (800) 426-3425 8 lines/28.8k/N-8-1 For additional information on alternate submission methods, please call our Awards Hotline at (617) 252-5527. -SLA --- Ч DeLuxeЩ 1.26b #85sa Ч ZDI Author Upload Center: 800-426-3425 * PC-OHIO - The Best BBS in America, Cleveland, OH 216-381-3320 * PostLink(tm) v1.11 PCOHIO (#1869) : RelayNet(tm) george.collins@almac.co.uk --- TerminateMail $$$Although the following message bears a date of Monday, I did $$$not poll for mail until many days later - after I had my eye $$$operation and could see again. In the interim I made arrangements $$$for some announcements to be made. д Private netmail/matrixддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 365 [1-368] Uns Pvt Rcv From : Bo Bendtsen 30-May-94 22:43:40 2:231/111 To : George Collins 2:231/111.1000 Subj : Reply ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд [In confidence as always, please respond crash with crash] Hello George! I faxed you this earlyer, to make sure you see it, here it is again. I hope you will reply before your operation, but it is in no hurry. My decision today: I have decided to end our business relationship. You know I get to the point directly and hope that we can get, what you normally call a peacefull divorce. Please send me your suggestion for a peacefull ending of our business relationship. I will not enter into any discussion about my decision. So do not call me voice about this. Use fax for all correspondence in the future. Bo Bendtsen MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate $$$I did not receive the fax he mentioned (presumably because he used $$$a Beta version of Terminate written by him which STILL does not handle $$$BABT approved fax machines (as opposed to FCC approved modems) correctly. $$$Bo Bendtsen then disconnected me from his system but reconnected me $$$temporarily to send me this: д Private netmail/matrixддддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 367 [1-368] Uns Pvt Rcv From : Bo Bendtsen 02-Jun-94 20:49:26 2:231/111 To : George Collins 2:231/111.1000 Subj : Fax again. дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAI Lд [In confidence as always, please respond crash with crash] Hello George! Send on fax ..... .. 6262 Dear George ------------------- CUT BO, PLEASE TELEPHONE ME TO agree A JOINT STATEMENT. MY PREFERENCE IS FOR AN AGREED TRUTHFUL STATEMENT, BUT, SINCE SILENCE IS NO LONGER AN OPTION, THE ALTERNATIVE TO AGREEING A JOINT STATEMENT IS THAT I HAVE MADE ARRANGEMENTS FOR THE EXPLANATORY TEXT OF MY LETTERS TO BE RELEASED VIA THE INTERNET ON 10 JUNE 1994. ------------------- CUT George I told you that we are not equal when talking over the phone. We are almost equal when talking via fax or netmail. Stop telling anyone confidential information! I cannot see why you are doing this, it won't get you anywhere with me. Silence is not an option it is something you have promised me many times! Nobody told you to share confidential information between you and me. Nobody other than us are involved in this. Is this normal that you share information in public conferences when you do not get things your way ? There will be no discussion voice between you and me. Please fax me with your proposal for a joint statement. +45-42643357 Bo Bendtsen MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate $$$Unfortunately the above fax machine did not work and he refused $$$to take a voice call even though his father explained the stupidity $$$of burying his head in the sand. д Private netmail/matrixдддддддддддддддддддддддддддддддддддддддддддMatrixд Msg : 368 [1-368] Uns Pvt Rcv From : Bo Bendtsen 31-May-94 16:36:58 2:231/111 To : George Collins 2:231/111.1000 Subj : status? ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддNETMAILд This message was from GEORGE COLLINS to DIETMAR KNEIDL, originally in conference REGSITES.T and was forwarded to you by GEORGE COLLINS because messages that I have left in REGSITES.TER do not seem to be reaching their intended recipients in that conference. Please would ALL members of TEAM TERMINATE reply 1) with an acknowledgement that they have received it 2) with their Internet address so that I can bring them up to date. My address: george.collins@almac.co.uk ---------- This is stupid George, I thought you were smart enough to figure out that I could not disconnect anyone since I was in UK until sunday night. ---------- It is too painful to me to ring up every REGsite and give them the full truth but I will endeavour to draft something diplomatic and post it here if Bo will give permission since I am caught between two duties here: a duty of confidentiality to Bo and a duty of disclosure to the other players. If ALL the players had signed the non-disclosure clause then I could have posted an announcement here. ----------------- You are not allowed to tell anyone anything about our relationship. And NO you certainly not have any duty of informing the other players about our relationship. I suggest you keep quiet until we have settled an agreement. I cannot see what good it would do you (other than personal satisfaction) to waste money on international calls. I am still waiting for your suggestion on how we end our relationship. ----------------- MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate $$$Bo does not like to make agreements that he must keep. $$$ $$$That is why he never likes third parties to be present as $$$witnesses, or for agreements to be written down or discussed by 'phone $$$since it is then difficult to repudiate them. He also knows that $$$faxes are not accepted as evidence by most courts. $$$That concludes some extracts from netmails. $$$ $$$There now follows a small sequence of selected messages taken from $$$the Private administrative echomail area for Terminate REGsites $$$which may hint to you that, nevertheless there are more than 23 potential $$$witnesses that Bo Bendtsen HAS indeed heard of Intershop Ltd if we can $$$ever succeeed in tracking Bo Bendtsen down and bringing him to justice: д ADMINISTRATION & SALESддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 63 [1-200] From : Bo Bendtsen 29-Apr-94 09:58:02 2:231/111 To : All 2:231/111 Subj : DAN BBS дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hello All! VERY CONFIDENTIAL I allready told some of you, but I have currently some plans about taking in two guys to run DAN BBS, so I will have more time for Terminate. In the process of this a lot of company stuff will take place and I have to form a new company here in Danmark. In the process of this 1. DAN BBS will be turned into an ApS (Anpartsselskab) 2. I will have to open a new company I will own most of the DAN BBS ApS and of course a 100% of my personal company. All the next weeks/months changes is done to make me more free to program faster and not to have too many responsibilities other places. I am thinking of a new name for my personal company... The best I could come up with yet is: WizCom I could mean Wizard Communications.. but also WISE communication... Double meanings are best. Any suggestions or your comment is needed now ? MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- Terminate * Origin: TEAM TERMINATE: The Author,DAN BBS,Home of Terminate (2:231/111) д ADMINISTRATION & SALESддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 105 [1-200] From : Bo Bendtsen 05-May-94 23:14:00 2:231/111 To : All 2:231/111 Subj : InterShop ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hello All! Please if you have any questions to that contract please call InterShop: Office: +44 481 832 650. Mobil : +44 850 748 376 MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- GEcho 1.02+ * Origin: TEAM TERMINATE: The Author,DAN BBS,Home of Terminate (2:231/111) д ADMINISTRATION & SALESддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 113 [1-200] From : Bo Bendtsen 07-May-94 00:05:00 2:231/111 To : All 2:231/111 Subj : Contract *IMPORTANT* дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hello All! Basicly nothing changes with this contract. It is made mostly because we want it to be more commercially and that a lot of you asked for something more formal. I want to explain some things. 1. The reason that a registration site cannot stop being a regsite at once! Since your name will be in the released version of Terminate, you would continue to receive registrations for a very long period giving the rest of the team problems. But why should anyone want to stop anyway if they are making money on Terminate. This is a decision you must take, because you cannot only be a registration site for 2-3 month and then say, well i don't earn enough money and want to stop, forcing us to release a new version. Hope you can see the problem with that. 2. Why the contracts must be made with a human person. I want a single person to be responsible if anything goes wrong in a country. If for example a company is sold to someone else or the shares are sold and suddenly the company does not give any support, then all the other registration sites again will have to do his/her job and handle all his/her problems. Giving us a bad reputation. If one person is in charge he/she is of course free to do whatever he likes with partners, but he is still responsible in the end. This is not only something that I want because it then is easier to get the money that the person owes, but also i safety feature to ensure YOU and the other registration sites that someone just sells the right to be a distributor to someone else that might not is able of handling the job. The invoices can be made to who you want it. 3. Product definition. If you read distribution rights. If you got the feeling that you were forced to sell anything else than Terminate, how could anyone give exclusive deals to someone for products. 4. Termination. Of course the publisher must be able of removing any registration site that is not supporting the product as expected of the rest of the Team. If a distributor fails to sell the product correctly, we all have to sort out his/her problem. Bottom line of this is that it is only a contract and the only thing you could ever loose in my opinion is the right to sell Terminate. So there is nothing really to be affraid of, and what are the chances of a conflict anyway. The only thing that could bring you to court is if you suddenly dissappear owing a large sum of money and does not pay. But since you are paying almost every month or so, you would not owe so much money that it was worth taking anyone to court. So the only ones that should fear this must be the ones that are not sure that they can continue selling Terminate in the future. But that was only my comments, and please if you have any suggestions or questions please call the number on top of the contract. MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- GEcho 1.02+ * Origin: TEAM TERMINATE: The Author,DAN BBS,Home of Terminate (2:231/111) д ADMINISTRATION & SALESддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 127 [1-200] Snt Loc From : George Collins 10-May-94 23:20:41 2:231/111.1000 To : Dietmar Kneidl Subj : contract ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд DK> i would like to get some more information about intershop ltd. because i DK> am unhappy doing business with a company i do not know. Intershop Ltd is registered at Companies House in Edinburgh. The registered number is on the bottom of the letter. Any good company enquiry agent should (for a fee) be able to provide you with details. I am currently the General Manager of Intershop Ltd but am neither a Director nor a shareholder of Intershop Ltd. I think the most important thing that you should know about Intershop Ltd is that it is currently able to sell you Terminate, ********, *******l and ******* (grin). If and when you sign the contract you will see that you have the legal right to FULL disclosure (grin)... DK> in addition to that i would suggest that a choosen team terminate member DK> (= a registration site) should represent our (= the regsites) DK> interests in this DK> company in any form that seems to be apropriate. DK> DK> any comments on this? I've discussed this with all the shareholders and officers of Intershop Ltd and they would welcome the appointment of an unpaid director from the ranks of TEAM TERMINATE. Whoever is selected should be aware that a director of a Scottish company is legally responsible for that company trading properly and legally and is subject to criminal sanctions if things go wrong. As the TEAM TERMINATE player with most seniority and most sales I hereby nominate YOU, diddi. Any other nominations? george.collins@almac.co.uk --- TerminateMail * Origin: TEAM TERMINATE: non-technical goalkeeper (2:231/111.1000) д ADMINISTRATION & SALESддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 131 [1-200] Snt Loc From : George Collins 11-May-94 15:51:19 2:231/111.1000 To : All Subj : NEW Exclusive Distribution Contracts дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд I am sorry that the first contract was not to certain players liking. I can only apologise and offer by way of explanation: 1) My computer crashed half way through preparation and I lost nine hours and did not finish until the early hours. 2) I think Britons are culturally incapable of making explicit what they assume is understood and obvious to all. After talking to many of you voice I hope that this revised contract will be acceptable to all. If it is NOT then please call me voice on Sark (0481)832650 OR Radio Phone (0850)748376 to discuss what amendments you MUST have. Please do NOT waste your time and mine by discussing this by e-mail or Fax - time is much too short for that now! This sample contract was intended for ******** in EIRE-GB. The people listed below who have not yet signed or who would prefer this new contract should IMMEDIATELY: 1) Replace ********'s name and address with their own. 2) Revise the Geographical Territory appropriately 3) Print out two (2) copies in their word processor 4) Sign and date both copies 5) IMMEDIATELY Fax one copy to +44 481 832651 6) Express both copies for counter signature to: Intershop Limited, The Software Factory, Rue du Moulin Isle of Sark GY9 0SA (please note that a separate message for those players in North America follows...) These individuals are eligible to Fax and Express Mail their own Exclusive Distribution Agreement to the new publishing company, Intershop Ltd: Marcus Limosani 9 Glenda St Doncaster, VIC, 3108 AUSTRALIA Selwyn Arrow 30A Bracken Ave Takapuna North Shore City, 1309 NEW ZEALAND Chen Gelerter Gelerter - Beyond Tomorrow 6/3 Smuts Avenue Tel Aviv 62009 ISRAEL Can Dogancan Fahrettin Kerim Gokay Cad. No: 29 Arduman Is Merkezi B-Blok Istanbul 81190 TURKEY Carlos Santos APARTADO 1154 Sto. Ant. dos Cavaleiros 2670 Loures PORTUGAL Ron Dwight Haggesbolentie 164 02400 Kirkkonummi FINLAND (Ron has told me clearly by voice on Sunday 15 May that he is unwilling to take personal responsibility for his own actions and I have made equally clear to him that Intershop Ltd will ONLY enter into distribution contracts with responsible individuals. I doubt that he will revise this standpoint but, so as to go the very last mile, this contract is available for him to sign and return until 18 May 1994. He remains suspended from TEAM TERMINATE and that exclusion will become permanent on 28 May 1994 if he has not made alternative arrangements before then...) Mr. Andrea Sibaldi Via R. Fucini, 1 51100 Pistoia ITALY Andre Mechaly 8 Rue Roland Oudot 94000 Creteil FRANCE Philippe Cheve C/O Hermes Center BBS Boite Postale 3 91480 Quincy Sous Senart FRANCE (I understand that Philippe may not be available to reply - but I did previously make clear to him what he should do: delegate an agent with the appropriate authority. Of course as independent business people we are entitled to make our own holiday arrangements, but that does NOT relieve him of the responsibility to make appropriate arrangements in his absence. I have discussed the situation with Andre and I am sure that Andre and Philippe can make appropriate arrangements upon Philippes' return. I would like to thank Andre for helping to avoid the situation where there is no FRANCE.REG in Terminate 1.5...) Patrik Sj■berg FenrisUlven Data S■rbygatan 69b S-802 55 G▌VLE SWEDEN Arthur Mol The Owl's Nest Hazepad 25 3766 JL Soest NETHERLANDS Eric Vaneberck Chauss┌e de Hannut 26 1370 Jodoigne BELGIUM Dietmar Kneidl Karlstrasse 67 64285 Darmstadt GERMANY Michael Dreier Schaffhauserstr. 249 CH-8222 Beringen SWITZERLAND Mr T Bjoerk Hyrdeengen 283 2625 Vallensbaek DENMARK ******** Mc****** 141 Bo'ness Road GRANGEMOUTH Stirlingshire FK3 9BS Geir Stokke Sakserhaugen N-5049 Sandlsi Bergen NORWAY Ian Gerada PO Box 4472 Randburg 2125 SOUTH AFRICA Rodolfo Bordenave ARGENTINA If any of the postal addresses are wrong, then the individuals concerned have only themselves to blame (except for some good guys and the new guys Mr T Bjoerk, ******** Mc******, Ian Gerada, Rodolfo Bordenave and Geir Stokke), since they did not reply to my request to post correct postal addresses whether they had changed them or not... EXCLUSIVE DISTRIBUTION AGREEMENT This exclusive distributor agreement is made and entered into by and between Intershop Limited, a limited liability private company incorporated under the laws of Scotland having a normal place of business on the Isle of Sark, hereinafter called the Publisher and ******** Mc******, a natural individual residing at 141 Bo'ness Road, Grangemouth, Stirlingshire FK3 9BS in the Kingdom of Scotland, hereinafter called the Distributor. In consideration of the Distributor using his best efforts to promote the sales and reputation of the Publishers products and the mutual promises contained herein, the parties agree as follows: 1. PRODUCT DEFINITION: All products offered for distribution by the Publisher and accepted for distribution by the Distributor. 2. DURATION OF THE CONTRACT: The terms and agreement found in this contract shall be in effect for fifteen years starting from the date of the signing of the contract. 3. DISTRIBUTION RIGHTS: Publisher grants the exclusive distribution rights for the products listed in Item #1 to Distributor. These rights will be in effect for the duration set forth in Item #2 and applicable in the geographical areas set forth in Addendum #1. When the Publisher receives retail enquiries from end users evidently resident in the Distributors territory by voice, fax, telex or post, such enquirers will be given the Distributors contact details. If, in the Publishers opinion, a sale would not otherwise be made, the Publisher reserves the right to service such enquiries from end users evidently resident in the Distributors territory as they see fit in order to diminish lost sales opportunities. In addition, Publisher does not agree not to sell directly to any person within said area, but does agree that, if such sales are made, they will be at normal United Kingdom retail (and NOT wholesale) prices and not discounted for volume or carriage. 4. PRICING: The agreed pricing for all products subject to this contract are listed in Addendum #2. Distributor is responsible for all shipping, handling and production costs. 5. PAYMENT: Payment will become due on receipt of invoice. Publisher reserves the right not to ship new orders until previous invoices have been settled in full. 6. SHIPMENT OF ORDERS: A. Purchase Orders - Distributor shall order Products by submitting orders to the Publisher in conformance with the instructions contained in the latest edition of the "TEAM TERMINATE Operations Manual". This "TEAM TERMINATE Operations Manual" will be amended and issued by the Publisher at frequent intervals. In the event the terms of the purchase order are in conflict with the terms of this Agreement, the terms of this Agreement shall be deemed to prevail. B. Delivery - Delivery will be made F.O.B. Publishers premises. Title and risk of loss shall pass to Distributor upon delivery. Distributor will be responsible for all transportation and insurance charges. Publisher will, however, unless otherwise directed in writing by the Distributor, prepay transit insurance and freight and bill Distributor therefore. Distributor may designate a specific carrier on its' Purchase Order. Publisher reserves the right to choose an alternate carrier if shipments are not collected within forty eight (48) hours after notification. Publisher shall not be liable for any delay in delivery or performance of services due to causes beyond the reasonable control of the Publisher. Publisher will comply with all reasonable instructions of the Distributor. Standard packaging will be used unless Distributor specifies otherwise in its' purchase order, and agrees to pay any extra charges incurred as a result of the specified method of packaging. 7. DISCLOSURE: It is explicitly agreed that, in order to protect both the Publishers and the Distributors reputation and profits, both parties to this agreement will keep the other fully and promptly informed of any relevant developments or information and this on a confidential and privileged basis where time is of the essence. Publisher agrees to provide and maintain a private and secret electronic conferencing system for the mutual dissemination of information and the discussion of issues of mutual concern. This conferencing system will be open only to national distributors of the Publishers products. It is explicitly agreed that any notice required to be given by the terms of this agreement may be given instead in this conferencing system. Technical details of access to this conferencing system will be provided in the latest edition of the "TEAM TERMINATE Operations Manual" which will be amended and issued by the Publisher at frequent intervals. 8. CONFIDENTIALITY: A. Distributor agrees that the entire contents of each and every edition of the "TEAM TERMINATE Operations Manual" is the confidential and proprietary information of The Publisher. Distributor shall not directly, or indirectly disclose any details contained therein or provide any access to the "TEAM TERMINATE Operations Manual" to any third party. Distributor specifically agrees to use and store each and every edition of the "TEAM TERMINATE Operations Manual" in a manner so as to prevent unauthorized viewing and access. B. Distributor acknowledges and agrees that any unauthorised disclosure by Distributor of any proprietary information obtained from The Publisher is a material incurable breach of this Agreement. C. Distributor acknowledges and agrees that a breach of this Section of the agreement shall cause substantial and irreparable harm to The Publisher and that The Publisher will take any and all legal or equitable options available to The Publisher including pursuing punitive and criminal remedies. D. The confidentiality provisions of this Agreement shall survive any termination of this Agreement and shall remain in full force and effect for a period of five years after the date of termination of this agreement. 9. Representations and Warranties of The Publisher: A. The Publisher is making the Products available 'AS IS' and accordingly MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES i) OF MERCHANTABILITY, ii) OF FITNESS FOR A PARTICULAR PURPOSE, OR iii) ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE. B. The Publisher SHALL HAVE NO LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR ON ANY OTHER LEGAL OR EQUITABLE GROUNDS, FOR ANY LOSS OF USE, PROFIT OR REVENUE BY THE OTHER PARTY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES SUFFERED BY THE OTHER PARTY, ARISING FROM OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. C. The Publisher gives an undertaking to use their best efforts to procure and develop suitable products for distribution during the term of this agreement. 10. TERMINATION: If, in the sole opinion of the Publisher, there has been any breach of this agreement by the Distributor, including but not limited to the failure of the Distributor to use his best efforts to promote the sales and reputation of the Publishers products, then the Publisher may suspend or terminate this agreement forthwith. The Publisher may also suspend or terminate this agreement forthwith if the Distributor has not complied with the rules and procedures outlined in the "TEAM TERMINATE Operations Manual". This agreement may also be terminated by: a) the Distributor giving 90 days notice of termination b) the Publisher giving 90 days notice of termination c) mutual agreement. 11. MISCELLANEOUS: A. Notices. Any legal notice, request, authorisation, direction or other communication under this Agreement may be given in writing and be delivered in person OR by first-class post (or overseas equivalent), properly addressed and stamped with the required postage, to the intended recipient at the addresses listed above OR in the electronic conferencing system maintained by the Publisher and referred to above. Either party may change their address specified above by giving the other party notice of such in accordance with this Section. B. Nonwaiver. The failure of the Publisher to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of the Publishers right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. C. Entire Agreement. Each Party acknowledges that it has read this Agreement, including the two addenda hereto, understands it, and agrees to be bound by its terms and further agrees that it is the complete and exclusive statement of the agreement between the Parties relating to the subject of this Agreement, which supersedes and merges all prior agreements, oral and written between the Parties relating to the subject of this Agreement. This Agreement may not be modified, altered or amended except by a written instrument duly executed by both Parties. D. Amendment. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. E. Invalid Provision. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. F. Assignment. Distributor may not assign or transfer any of Distributor's rights, privileges or obligations hereunder except with the written agreement of the Publisher. G. Applicable Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of Scotland and Distributor agrees and consents to the exclusive jurisdiction of the appropriate Scots Court. H. No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon either party and each party shall bear all costs and expenses incurred by it under or in connection with this Agreement. I. Implementation. Each party shall take such action (including, but not limited to, the execution acknowledgment and delivery of documents) as may reasonably be requested by the other party for the implementation or continuing performance of this Agreement. In witness whereof the parties subscribe their signatures this day of May nineteen hundred and ninety four: For and on behalf of Intershop Ltd (Publisher) (Distributor) EXCLUSIVE DISTRIBUTION AGREEMENT - ADDENDUM #1 TERRITORY Distributor's exclusive distribution territory shall consist of the following: A. The Republic of Ireland (Eire) B. The United Kingdom of Great Britain and Northern Ireland C. All dependent territories of the British Crown including, but not limited to The Isle of Man, The Channel Islands of Guernsey, Alderney, Jersey and Sark, The British Antarctic Territories, Gibraltar, St Helena, Ascension Island, Tristan da Cunha, Falkland Islands (Islas Malvinas). EXCLUSIVE DISTRIBUTION AGREEMENT - ADDENDUM #2 In consideration of the Distributor providing additional local technical support to both retail and wholesale customers, irrespective of where the end user originally purchased the product, the Publisher warrants that they will sell to the Distributor their products at the prices given in the latest edition of the "TEAM TERMINATE Operations Manual" --- TerminateMail * Origin: TEAM TERMINATE: non-technical goalkeeper (2:231/111.1000) д ADMINISTRATION & SALES дддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 133 [1-200] From : Bo Bendtsen 10-May-94 19:35:08 2:231/111 To : Dietmar Kneidl 2:231/111 Subj : contract дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hello Dietmar! Tuesday May 10 1994, Dietmar Kneidl writes to all & george: DK> i would like to get some more information about intershop ltd. DK> because i am unhappy doing business with a company i do not know. DK> in addition to that i would suggest that a choosen team terminate DK> member (= a registration site) should represent our (= the DK> regsites) interests in this company in any form that seems to be DK> apropriate. I would like very much if you could do this job. Would you care calling George and arrange something. I think that since you currently are the biggest registration site it is important that you helping out here. MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- GEcho 1.02+ * Origin: TEAM TERMINATE: The Author,DAN BBS,Home of Terminate (2:231/111) д ADMINISTRATION & SALESддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 151 [1-200] Snt Loc From : George Collins 13-May-94 10:13:15 2:231/111.1000 To : Dietmar Kneidl Subj : George дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд DK> > George called me Monday and asked me to say that he had tried to DK> > call you several times on Sunday on each of your 3 numbers. DK> i do not consider sunday a day where i have to be available at all DK> costs, except for my family. Slight misunderstanding I think here, diddi: I got your fax at about 02:00hrs Sunday morning (it woke me up - the `Factory' on Sark is not enormous - two rooms, kitchen/diner and bathroom...) and since it seemed important to try and satisfy the points you raised I then continued calling all numbers (including your mobile) until I eventually reached you... Selwyn was just doing me a favour by passing on the message here since I was on the move myself...Thanks again Selwyn! PS: I do need to receive that faxed contract from you and everyone else today before I meet with the Directors of Intershop Ltd tomorrow: Fax number is +44 481 832651 Voice number is +44 481 832650 which you should always try BEFORE you attempt my radio 'phone number on +44 850 748376 george.collins@almac.co.uk --- TerminateMail * Origin: Steve Jobs: "When's the NeXT version of Terminate. (2:231/111.1000) д ADMINISTRATION & SALESддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 176 [1-200] From : Bo Bendtsen 18-May-94 20:44:02 2:231/111 To : All 2:231/111 Subj : Company name дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hello All! I think I finally got the name for my future company. ApiComm Ltd. = Pia Communication SerWiz Ltd. = Pronounced SERVICE = Real meaning = Serial Wizard (or SerWiz Comm Ltd.) Do you have any comments MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- GEcho 1.02+ * Origin: TEAM TERMINATE: The Author,DAN BBS,Home of Terminate (2:231/111) д ADMINISTRATION & SALESддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 187 [1-200] Rcv From : Andre Mechaly 26-May-94 20:59:00 2:320/201.75 To : George Collins 2:231/111 Subj : contract дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hello George! 18 May 94 13:37, George Collins wrote to Andre Mechaly: GC> Due to unforeseen difficulties, Intershop Ltd may have to GC> revise its' publishing plans. I am not hopeful of a GC> resolution but will make an announcement in 48 hours in any GC> case... Well, It's been many days since I didn't receive any message in here, is someone reading me ? Andre --- Terminate 1.41 PRO, Gecho 1.02+, GoldED/P32 2.42.G0214+ * Origin: TEAM TERMINATE, French technical supporter. (2:320/201.75) д ADMINISTRATION & SALESддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 189 [1-200] From : Philippe Cheve 28-May-94 14:04:00 2:320/201 To : All 2:231/111 Subj : Messages ?? дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hello All! Is there a problem in REGSITES.TER Conference. France Registration is no longer received any message from one week !! Regards, Philippe --- GEcho 1.02+ * Origin: TEAM TERMINATE: FRANCE REGISTRATION AND SUPPORT SITE (2:320/201) д ADMINISTRATION & SALESдддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 191 [1-200] From : Andrea Sibaldi 28-May-94 10:36:38 2:332/103.2 To : All 2:231/111 Subj : War in the Middle Earth? дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hello, beautiful people! Is there any kind of war (both phisical or psychic) in act between the members of TEAM TERMINATE? No messages posted, no news.... NOTHING! If you're all alive and in good health, please say something! (This regards particularly the AUTHOR & the (Ex-?) Publisher). ддд© юддд> Greetings from Andrea Sibaldi --- Terminate 1.41k/Pro * Origin: What? You again? (2:332/103.2) д ADMINISTRATION & SALESдддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 192 [1-200] From : Andrea Sibaldi 28-May-94 10:40:28 2:332/103.2 To : Andre Mechaly 2:231/111 Subj : contract ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hi Andre Mechaly, how are you 26-May-94 20:59, Andre Mechaly wrote to George Collins Subject: contract AM> Well, It's been many days since I didn't receive any message in here, is AM> someone reading me ? YEAH! I'm always reading! But it seems as though we're in cold war time! Il me semble qu'il y a quelque probleme entre nos "patrons"! Pourtant, c'est vrai que personne ne parle plus. (I beg your pardon, French non-speaking people!) ддд© юддд> Greetings from Andrea Sibaldi --- Terminate 1.41k/Pro * Origin: OneRing to bring them all and in the darkness bind them(2:332/103.2) д ADMINISTRATION & SALESдддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 194 [1-200] From : Bo Bendtsen 30-May-94 10:00:08 2:231/111 To : All 2:231/111 Subj : Status дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hello All! I have been in London last week trying to sort out my financiel future. I will inform you later on the details. MНК ШНЦ°╜┤ H╜°sНЦ Аo АНЦКГsНЦ --- GEcho 1.02+ * Origin: TEAM TERMINATE: The Author,DAN BBS,Home of Terminate (2:231/111) д ADMINISTRATION & SALESддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 196 [1-200] From : Bo Bendtsen 30-May-94 17:09:01 2:231/111 To : All 2:231/111 Subj : Important decision дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hello All! Only for persons with access to REGSITES.TER I will move to London shortly, I have already selected the place I want to live and have made the appropriate arrangements. George informed that he will stop publishing at June 5. Therefore from June 6. I'll manage again. I plan to remain as publisher at all times and whenever everything is settled I plan to hire a world wide agent, who will be the person that will handling the day to day (New regsites, handle problems etc, publisity). This new agent will be appointed solely by me. I have hired a danish lawyer, who also lives in London, who will represent me in any legal and economic matters in the future. Bo Bendtsen --- GEcho 1.02+ * Origin: TEAM TERMINATE: The Author,DAN BBS,Home of Terminate (2:231/111) д ADMINISTRATION & SALES дддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 197 [1-200] Snt Loc From : George Collins 30-May-94 16:20:30 2:231/111.1000 To : Bo Bendtsen Subj : Important decision ддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд BB> Only for persons with access to REGSITES.TER BB> BB> I will move to London shortly, I have already selected the place I want BB> to live and have made the appropriate arrangements. I hope that you have a happy life there and things go well for you, Bo. Not that you deserve it - grin. BB> George informed that he will stop publishing at June 5. Yes, I made it clear in Darmstadt that I would not continue as Publisher beyond the 5 June 1994 I still would like a reply to the points I raised in my letters - especially my faxed letter of 26 May 1994 - before I leave for my eye operation tomorrow (tuesday) evening. As long as you address the issues contained in that correspondence, I will be content. BB> Therefore from June 6. I'll manage again. Let's be precise about this Bo: Currently my resignation is effective 23:59hrs 4 June 1994. I have not had any adequate reply to faxes and 'phone calls since 20 May 1994 and if this situation continues I can do nothing in the interim except refer callers to yourself: What contact details do you want me to give to people for you, the Publisher, from 5 June 1994? BB> I plan to remain as publisher at all times and whenever everything is BB> settled BB> I plan to hire a world wide agent, who will be the person that will BB> handling BB> the day to day (New regsites, handle problems etc, publisity). BB> BB> This new agent will be appointed solely by me. BB> BB> I have hired a danish lawyer, who also lives in London, who will BB> represent BB> me in any legal and economic matters in the future. A warning that I hope you will never have cause to remember: Lawyers are good at arguing who get's how big a slice of the cake (usually the Lawyer gets the big slice - grin) but pretty lousy at making the cake get bigger... george.collins@almac.co.uk --- TerminateMail * Origin: Check any two: [] good [] quick [] cheap (2:231/111.1000) д ADMINISTRATION & SALESддддддддддддддддддддддддддддддддддддддддддддддInterд Msg : 199 [1-200] From : Andrea Sibaldi 30-May-94 20:02:04 2:332/103.2 To : Arthur Mol 2:231/111 Subj : RE:War In The Middle Earth? дддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддддREGSITES.TERд Hello Arthur, how are you? 29-May-94 12:24, Arthur Mol wrote to Andrea Sibaldi Subject: War In The Middle Earth? AM> Did I miss something? What war? I thought we could get along fine. Well, I think that Bo's latest message is the answer to everything! Maybe we'll never know what really happened, but we're looking at the results. ддд© юддд> Greetings from Andrea Sibaldi --- Terminate 1.41k/Pro * Origin: TEAM TERMINATE - Italian Player (2:332/103.2)