Pointwise's OEM Partner Program
Imagine how much more effective your CFD/FEA product would be and how many more sales you could make if you were to offer your clients a proven and full featured preprocessing package. After all, your clients typically are spending 75% of their labor doing preprocessing. Loading your development staff with grid generation experts, developing your own preprocessor, and then maintaining the software is an expensive proposition. That's where the Pointwise Partner Program comes in. Pointwise, Inc. offers you the ability to resell your own customized version of our software (PW-OEM) integrated with your other related products. You and your clients will be able to take advantage of our decades of grid generation expertise and our powerful software and your other products, bundled conveniently. This document introduces you to the basic terms of our OEM Distributor License Agreement ("OEM Agreement").
Licensing and distribution
Pointwise, Inc. can grant nonexclusive, worldwide right to distribute PW-OEM customized to be integrated into your product(s) and sold fully bundled. You may also acquire rights to use your existing channels as sub-distributors. Stand alone distribution of PW-OEM is typically not allowed.
We ship a media and documentation kit to you (machine readable) and you are responsible for any redistribution.
Term and termination
The term of the OEM Agreement is usually based on the duration of each version of Gridgen or Pointwise. New versions are released approximately once a year. Either party is able to terminate on sixty (60) days notice if they do not wish to provide for the new version. If there is a termination because of a default, a reasonable period is provided for cure. Most of the usual "after termination" conditions will be applied.
End-user licensing options
Pointwise, Inc. uses a networked mechanism that prevents unauthorized copying and use. In addition, a time limit for operation is provided. This allows for short-term evaluation licenses and perpetual licenses.
Support and future releases
During the term of the OEM Agreement, Pointwise can update PW-OEM to correspond to new revisions and maintenance releases of its commercial products. This will include features and bug fixes that are added to the release in the normal course of product development.
Copyrights, trademarks, and ownership
We both agree to respect the ownership of each other's trademarks. We retain title to and ownership of PW-OEM and the tradenames Gridgen, Pointwise, and Glyph at all times, as do you with your codes. Because of how we separate our distribution channels for our products, the names Gridgen, Pointwise, and Glyph cannot be used by you in the description and marketing of integrated PW-OEM.
If you fund specific product enhancements, you will own that material to the extent that it is a "work-for-hire." When the enhancements are to the general benefit of our commercial products, we will sometimes offer to share the cost, and therefore ownership of these enhancements.
Source code escrow
If you would like escrow protection, we can accommodate it, provided that you pay the cost. Such an agreement will provide for your commercial ability to support existing clients if Pointwise, Inc. is unable to do so.
Customized Grid Generation Software
One of the benefits of an OEM relationship is that PW-OEM can be customized and closely integrated to fit the style and functions of your application. Possibilities include:
Initial customization work is usually specified in the OEM Agreement as a "Statement of Work." The work is estimated during negotiations and costs are usually shared between you and PWI, with the split determined by estimated effort and commitments for software licenses. Subsequent work efforts can be specified up-front or as the relationship progresses.
License fees depend on how much of the functionality is included in PW-OEM and your volume of sales. Typically, the royalty due to Pointwise is:
For more information
For more information contact Rick Matus, firstname.lastname@example.org.