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SICSTUS PROLOGACADEMIC SOFTWARE LICENSE AGREEMENT
1 Definitions1.1 Software means the software products, SICStus Prolog, version 4, delivered as binary code and Documentation delivered by RISE to the Licensee.1.2 Documentation means all documentation in machine readable form of the accompanying manuals (User's Manual and Release Notes) that is provided with the Software. 1.3 Application Programs means the Licensee's stand-alone applications developed on the Software and packaged with the parts of the Software known as bin/sprt*.*, lib/libsprt*.*, and any files from library/, where these paths are relative to the installation directory. 1.4 Acceptance Date means the last day of the month in which the Licensee is ordering the software. 1.5 Maintenance means bug fixes and error corrections in writing. 1.6 Site means: a branch or campus of a public institution such as a university.
2 Grant of License2.1 Subject to the terms and conditions of this Agreement, RISE hereby grants the Licensee, and the Licensee accepts, a non-exclusive, non-transferable, paid-up license to use the Software only on the Site as follows:
2.3 The Licensee will grant to RISE without any charge a non-exclusive right to use such Licensee's know-how as is furnished to RISE under this Agreement and a non-exclusive license to exercise such Licensee's copyrights and patents relating to the Software, inclusive of sub-licensing of said Licensee's know-how, copyrights and patents in connection with RISE's licensing of the Software. 2.4 Subject to the terms and conditions of this Agreement and upon payment of the Sub-licensing Right Fee stated in Exhibit B, RISE grants the Licensee a non-exclusive, non-transferable, time-limited right to sub-license the binary code of the Software to individual students registered with the Licensee free-of-charge pursuant to the conditions stated in Exhibit D. The grant of right to sub-license the binary code of the Software shall remain in force as long as the Licensee is provided Maintenance according to Section 5 of this Agreement.
3 OwnershipBy virtue of this Agreement the Licensee acquires only the rights in Section 2 Grant of License. All right, title and interest in the Software remains with RISE. However, the Software consists of modules for which there are and shall remain other exclusive owners. Such other owners are specified in Exhibit A.
4 WarrantyProvided that the Licensee has paid the applicable fees, RISE warrants to the Licensee for a period of three months from the Acceptance Date that the Software will substantially perform the functions described in the Documentation provided by RISE. If RISE finds a substantial deviation in the Software's performance during this period, RISE will use its best efforts to replace or modify the Software so that it performs substantially in accordance with the Documentation.Other than as stated in this Section 4, there is no representation or warranty, express or implied, as to any matter whatsoever, including without limitation, the condition of the software, its merchantability or fitness for a particular purpose.
5 Maintenance5.1 Maintenance is included the first year from the Acceptance Date. From the second year a Maintenance Fee will apply according to the fees listed in Exhibit B.5.2 Maintenance of the Software under this Agreement is available for not longer than 12 months after a new version of the Software becomes generally available. 5.3 RISE undertakes to make reasonable efforts to provide the Licensee the following Maintenance in respect to the use of the Software, as stated in this Section 5.4 through 5.8. 5.4 Any reproducible error(s) for which verification is required shall be reported in writing to RISE. The Licensee undertakes, before an Error(s) report is sent to RISE, to ascertain that the Error(s) has not already been reported by RISE; verify that the Error(s) is reproducible; and provide to RISE, in machine readable form, all the information necessary to reproduce the Error(s). RISE undertakes to confirm receipt of the Error(s) report in writing to the Licensee; analyze the Error(s) report and verify the existence of the Error(s); and, if the reported Error(s) seriously affects the use of the Software and can be circumvented, to create a temporary solution. 5.5. RISE shall in writing provide answers to questions regarding installation, configuration and documentation, as well as generally advise regarding submitted reports on Error(s). 5.6 RISE shall make available to the Licensee all updates of the Software as soon as these have been made generally available by RISE. 5.7 RISE shall advise the Licensee of new versions of the Software as soon as they have been made generally available. 5.8 RISE will have no obligation to correct defects or difficulties due to the Licensee modifying the Software, changing its system or computer environment, using the Software on equipment not recommended by RISE or installing it in a way not recommended by RISE, or other causes external to the Software. Such recommendations are found in the Release Notes which are part of the Software delivered by RISE.
6 IndemnificationTo the best of RISE's knowledge the Software or the use thereof does not infringe any third party's rights. RISE shall have no responsibility whatsoever for any claims of infringements of patents, trademarks, industrial designs, copyrights or other property rights affecting the Licensee's use of the Software.The foregoing states the entire liability and obligation of RISE with respect to infringement or claims of infringement of any patent, copyright, trade secret, or any other proprietary right.
7 Non-DisclosureBy virtue of this Agreement, the parties may have access to information that is confidential to one another (Confidential Information). Confidential Information shall be limited to the Software and all information clearly marked as confidential.A party's Confidential Information shall not include information which a) is or becomes a part of the public domain through no act or omission of the other party; or b) was in the Licensee's lawful possession prior to the disclosure and had not been obtained by the Licensee either directly or indirectly from RISE; or c) is lawfully disclosed to the other party by a third party without restriction of disclosure; or d) is independently developed by the other party; or e) is distributed as permitted under this agreement with Application Programs. The parties agree, both during the term of this Agreement and for a period of five years after termination of the Agreement and of all licenses granted hereunder, to hold each other's Confidential Information in confidence. The parties agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any other purpose than the implementation of this Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, students or agents in violation of the provisions of this Agreement.
8 Limitation of LiabilityRISE shall not be liable to the Licensee for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this agreement, the software, its use or otherwise.Notwithstanding the generality of the above, RISE expressly excludes liability for consequential loss or damage which may arise in respect of the software, its use, the system or in respect of other equipment or property, or for loss of profit, business revenue, goodwill or anticipated savings. Regardless of whether any remedy fails of its essential purpose, in no event will RISE be liable for incidental, indirect, special or consequential damages, notwithstanding being aware of the possibility of such damages.
9 TerminationIf either party defaults in the material performance of any provision of this Agreement, then the non-defaulting party may give written notice to the defaulting party that if the default is not cured within thirty (30) days the Agreement will be terminated. If the non-defaulting party gives such notice and the default is not cured in the non-defaulting party's reasonable opinion during the thirty day period, the Agreement will terminate immediately upon notice by the non-defaulting party.Termination of this Agreement shall not limit either party from pursuing any other remedies available to it, including injunctive relief, nor shall such termination relieve the Licensee's obligation to pay all fees that accrued prior to termination. If a license granted in this Agreement is terminated, the Licensee shall a) cease using, copying and sub-licensing the Software and Documentation, and b) certify to RISE within one month after termination that the Licensee has destroyed or has returned the Software and Documentation including all copies thereof. This requirement applies to copies in all forms, partial and complete, and all types of media and computer memory and whether or not modified or merged into other materials. Use of Application Programs distributed by the Licensee to its customers and use of the Software sub-licensed by the Licensee to its students in accordance with this Agreement shall not be affected by the termination of this Agreement.
10 TermThe Software shall be under license effective from the Acceptance Date and shall remain in force until the Licensee discontinues the use of the Software; or the license is otherwise terminated as provided herein. New versions of the Software are available under separate agreement and are not covered or provided by this license.
11 Entire AgreementThis Agreement, including Exhibit A, Exhibit B, Exhibit C, and Exhibit D, sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior agreements, discussions, and understandings between them.
12 Governing Law, ArbitrationThis Agreement shall be governed by and construed in accordance with the substantive laws of Sweden.All disputes, differences or questions between the parties to the Agreement with respect to any matter arising out of or relating to the Agreement shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce, in Stockholm, by three (3) arbitrators appointed in accordance with the said Rules and the proceedings shall be conducted in the Swedish language. All awards may if necessary be enforced by any court having jurisdiction in the same manner as a judgment in such court.
EXHIBIT AList of software modules owned by third parties distributed by RISE with the SICStus Prolog Software.
EXHIBIT BFees applicable to SICStus Prolog release 4 exclusive Value Added Tax (VAT). The fees are subject to change by RISE once a year. For customers in Sweden there will be Swedish VAT added (at present 25%).
One Time License Fee
Yearly Maintenance Fee
Maintenance Reinstatement Fee
Sub-licensing (Optional)The Licensee registered as a subscriber to RISE Maintenance services is granted a time-limited right to sub-license the binary code of the Software to individual students registered with the Licensee free-of-charge pursuant to the conditions stated in Exhibit D. The grant of right to sub-license will be prolonged for a period of one (1) year at a time upon timely receipt of payment of the Maintenance Fee.
Payment TermsAny amounts payable under this Agreement are net amounts and are payable in full to RISE without any deduction for any withholding taxes. The Licensee agrees to pay any withholding taxes due directly to the relevant taxing authority. The Licensee shall make payment to RISE within thirty (30) days after date of invoice. The Maintenance Fee shall be payable yearly within thirty (30) days after expiration of the current Maintenance Service period.
EXHIBIT CContact Points at RISEOrders, Invoices, LegalEmail: sicstus-request@ri.se Maintenance ContactEmail: sicstus-support@ri.se Contact Points at The Licensee(please use block letters)
Contract Administration/InvoicingTitle/Name: ___________________________________________ Email: ________________________________________________ Fax: ________________________________________________ Phone: ________________________________________________ Address: ______________________________________________ VAT number (where applicable): ________________________ Your Purchase Order Number:____________________________ Maintenance ContactTitle/Name: ___________________________________________ Email: ________________________________________________ Fax: ________________________________________________ Phone: ________________________________________________ Address: ______________________________________________ Research/Educational ContactTitle/Name: ___________________________________________ Email: ________________________________________________ Fax: ________________________________________________ Phone: ________________________________________________ Address: ______________________________________________ Platform DetailsHardware model: _______________________________________ Operating system: _____________________________________ EXHIBIT D (Student Sub-licensing)SICSTUS PROLOGSTUDENT SOFTWARE LICENSE AGREEMENT
1 Definitions1.1 Software means the software product, SICStus Prolog, version 4, except facilities for generating Runtime Systems, delivered as binary code and Documentation delivered by RISE to the Student.1.2 Documentation means all documentation in machine readable form (User's Manual and Release Notes) that is provided with the Software.
2 Grant of License2.1 Subject to the terms and conditions of this Agreement, RISE hereby grants the Student, and the Student accepts, a non-exclusive, non-transferable license to use Software as follows:
3 OwnershipBy virtue of this Agreement the Student acquires only the rights in Section 2, Grant of License. All right, title and interest in the Software remains with RISE. However, the Software consists of modules for which there are and shall remain other exclusive owners. Such other owners are specified in Exhibit A.
4 WarrantyThe Software is distributed as is.Other than as stated in this Section 4, there is no representation or warranty, express or implied, as to any matter whatsoever, including without limitation, the condition of the software, its merchantability or fitness for a particular purpose.
5 MaintenanceNo Maintenance is included.
6 IndemnificationTo the best of RISE's knowledge the Software or the use thereof does not infringe any third party's rights. RISE shall have no responsibility whatsoever for any claims of infringements of patents, trademarks, industrial designs, copyrights or other property rights affecting the Student's use of the Software.The foregoing states the entire liability and obligation of RISE with respect to infringement or claims of infringement of any patent, copyright, trade secret, or any other proprietary right.
7 Non-DisclosureThe Student undertakes (i) to keep in confidence all such information concerning the Software received under this Agreement, (ii) to use such information exclusively for the purpose stated in Section 2, and (iii) to prevent the disclosure of such information.
8 Limitation of LiabilityRISE shall not be liable to the Student for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this agreement, the software, its use or otherwise.Notwithstanding the generality of the above, RISE expressly excludes liability for consequential loss or damage which may arise in respect of the software, its use, the system or in respect of other equipment or property, or for loss of profit, business revenue, goodwill or anticipated savings. Regardless of whether any remedy fails of its essential purpose, in no event will RISE be liable for incidental, indirect, special or consequential damages, notwithstanding being aware of the possibility of such damages.
SICSTUS PROLOGCOMMERCIAL SOFTWARE LICENSE AGREEMENT
1 Definitions1.1 Software means the software products, SICStus Prolog, version 4, delivered as binary code and Documentation delivered by RISE to the Licensee.1.2 Documentation means all documentation in machine readable form of the accompanying manuals (User's Manual and Release Notes) that is provided with the Software. 1.3 Application Programs means the Licensee's stand-alone applications developed on the Software and packaged with the parts of the Software known as bin/sprt*.*, lib/libsprt*.*, and any files from library/, where these paths are relative to the installation directory. 1.4 Acceptance Date means the last day of the month in which the Licensee is ordering the software. 1.5 Maintenance means bug fixes and error corrections in writing. 1.6 User means a physical person permitted to use the Software in accordance with this Agreement.
2 Grant of License2.1 Subject to the terms and conditions of this Agreement, RISE hereby grants the Licensee, and the Licensee accepts, a non-exclusive, non-transferable, paid-up license to use the Software up to the Number of Users paid for as follows:
3 OwnershipBy virtue of this Agreement the Licensee acquires only the rights in Section 2 Grant of License. All right, title and interest in the Software remains with RISE. However, the Software consists of modules for which there are and shall remain other exclusive owners. Such other owners are specified in Exhibit A.
4 WarrantyProvided that the Licensee has paid the applicable fees, RISE warrants to the Licensee for a period of three months from the Acceptance Date that the Software will substantially perform the functions described in the Documentation provided by RISE. If RISE finds a substantial deviation in the Software's performance during this period, RISE will use its best efforts to replace or modify the Software so that it performs substantially in accordance with the Documentation.Other than as stated in this Section 4, there is no representation or warranty, express or implied, as to any matter whatsoever, including without limitation, the condition of the software, its merchantability or fitness for a particular purpose.
5 Maintenance5.1 Maintenance is included the first year from the Acceptance Date. From the second year a Maintenance Fee will apply according to the fees listed in Exhibit B.5.2 Maintenance of the Software under this Agreement is available for not longer than 12 months after a new version of the Software becomes generally available. 5.3 RISE undertakes to make reasonable efforts to provide the Licensee the following Maintenance in respect to the use of the Software, as stated in this Section 5.4 through 5.8. 5.4 Any reproducible error(s) for which verification is required shall be reported in writing to RISE. The Licensee undertakes, before an Error(s) report is sent to RISE, to ascertain that the Error(s) has not already been reported by RISE; verify that the Error(s) is reproducible; and provide to RISE, in machine readable form, all the information necessary to reproduce the Error(s). RISE undertakes to confirm receipt of the Error(s) report in writing to the Licensee; analyze the Error(s) report and verify the existence of the Error(s); and, if the reported Error(s) seriously affects the use of the Software and can be circumvented, to create a temporary solution. 5.5. RISE shall in writing provide answers to questions regarding installation, configuration and documentation, as well as generally advise regarding submitted reports on Error(s). 5.6 RISE shall make available to the Licensee all updates of the Software as soon as these have been made generally available by RISE. 5.7 RISE shall advise the Licensee of new versions of the Software as soon as they have been made generally available. 5.8 RISE will have no obligation to correct defects or difficulties due to the Licensee modifying the Software, changing its system or computer environment, using the Software on equipment not recommended by RISE or installing it in a way not recommended by RISE, or other causes external to the Software. Such recommendations are found in the Release Notes which are part of the Software delivered by RISE.
6 IndemnificationTo the best of RISE's knowledge the Software or the use thereof does not infringe any third party's rights. RISE shall have no responsibility whatsoever for any claims of infringements of patents, trademarks, industrial designs, copyrights or other property rights affecting the Licensee's use of the Software.The foregoing states the entire liability and obligation of RISE with respect to infringement or claims of infringement of any patent, copyright, trade secret, or any other proprietary right.
7 Non-DisclosureThe Licensee undertakes (i) to keep in confidence all such information concerning the Software received under this Agreement, (ii) to use such information exclusively for the purpose stated in Section 2, and (iii) to prevent the disclosure of such information outside the Licensee's organisation except for information which is distributed as permitted under this agreement with Application Programs.
8 Limitation of LiabilityRISE shall not be liable to the Licensee for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this agreement, the software, its use or otherwise.Notwithstanding the generality of the above, RISE expressly excludes liability for consequential loss or damage which may arise in respect of the software, its use, the system or in respect of other equipment or property, or for loss of profit, business revenue, goodwill or anticipated savings. Regardless of whether any remedy fails of its essential purpose, in no event will RISE be liable for incidental, indirect, special or consequential damages, notwithstanding being aware of the possibility of such damages. If the Licensee is furnishing Application Programs to a third party by contract, the Licensee shall obtain from such third party a provision affording RISE and its suppliers the protection of this Section.
9 TerminationIf the Licensee defaults in the material performance of any provision of this Agreement, then RISE may give written notice to the Licensee—if the default is not cured within thirty (30) days—the Agreement will be terminated. If RISE gives such notice and the default is not cured in RISE's reasonable opinion during the thirty day period, the Agreement will terminate immediately upon notice by RISE.Termination of this Agreement shall not limit either party from pursuing any other remedies available to it, including injunctive relief, nor shall such termination relieve the Licensee's obligation to pay all fees that accrued prior to termination. If a license granted in this Agreement is terminated, the Licensee shall a) cease using and copying the Software and Documentation, and b) certify to RISE within one month after termination that the Licensee has destroyed or has returned the Software and Documentation including all copies thereof. This requirement applies to copies in all forms, partial and complete, and all types of media and computer memory and whether or not modified or merged into other materials. Use of Application Programs distributed by the Licensee to its customers shall not be affected by the termination of this Agreement.
10 TermThe Software shall be under license effective from the Acceptance Date and shall remain in force until the Licensee discontinues the use of the Software; or the license is otherwise terminated as provided herein. New versions of the Software are available under separate agreement and are not covered or provided by this license.11 Entire AgreementThis Agreement, including Exhibit A, Exhibit B, and Exhibit C, sets forth the entire agreement and understanding of the parties relating to the subject matter herein.12 Governing LawThis Agreement shall be governed by and construed in accordance with the substantive laws of Sweden.
EXHIBIT AList of software modules owned by third parties distributed by RISE with the SICStus Prolog Software.
EXHIBIT BFees applicable to SICStus Prolog release 4 exclusive Value Added Tax (VAT). The fees are subject to change by RISE once a year. For customers in Sweden there will be Swedish VAT added (at present 25%).
One Time Single User License Fee
One Time License Fee For Five (5) Or More Users
Application Program Fee
Yearly Maintenance Fee
Maintenance Reinstatement Fee
Payment TermsAny amounts payable under this Agreement are net amounts and are payable in full to RISE without any deduction for any withholding taxes. The Licensee agrees to pay any withholding taxes due directly to the relevant taxing authority. The Licensee shall make payment to RISE within thirty (30) days after date of invoice. The Maintenance Fee shall be payable yearly within thirty (30) days after expiration of the current Maintenance Service period.
EXHIBIT CContact Points at RISEOrders, Invoices, LegalEmail: sicstus-request@ri.se Maintenance ContactEmail: sicstus-support@ri.se Contact Points at The Licensee(please use block letters)
Contract Administration/InvoicingTitle/Name: ___________________________________________ Email: ________________________________________________ Fax: ________________________________________________ Phone: ________________________________________________ Address: ______________________________________________ VAT number (where applicable): ________________________ Your Purchase Order Number:____________________________ Maintenance ContactTitle/Name: ___________________________________________ Email: ________________________________________________ Fax: ________________________________________________ Phone: ________________________________________________ Address: ______________________________________________ Platform DetailsHardware model: _______________________________________ Operating system: _____________________________________ SICSTUS PROLOGPERSONAL SOFTWARE LICENSE AGREEMENT
1 Definitions1.1 Software means the software products, SICStus Prolog, version 4, except facilities for Runtime Systems, delivered as binary code and Documentation delivered by RISE to the End User.1.2 Documentation means all documentation in machine readable form of the accompanying manuals (User's Manual and Release Notes) that is provided with the Software.
2 Grant of License2.1 Subject to the terms and conditions of this Agreement, RISE hereby grants the End User, and the End User accepts, a non-exclusive, non-transferable, paid-up license to use the Software for one single user as follows:
3 OwnershipBy virtue of this Agreement the End User acquires only the rights in Section 2 Grant of License. All right, title and interest in the Software remains with RISE. However, the Software consists of modules for which there are and shall remain other exclusive owners. Such other owners are specified in Exhibit A.
4 WarrantyThe Software is licensed as is.Other than as stated in this Section 4, there is no representation or warranty, express or implied, as to any matter whatsoever, including without limitation, the condition of the software, its merchantability or fitness for a particular purpose.
5 MaintenanceNo Maintenance is included.
6 IndemnificationTo the best of RISE's knowledge the Software or the use thereof does not infringe any third party's rights. RISE shall have no responsibility whatsoever for any claims of infringements of patents, trademarks, industrial designs, copyrights or other property rights affecting the End User's use of the Software.The foregoing states the entire liability and obligation of RISE with respect to infringement or claims of infringement of any patent, copyright, trade secret, or any other proprietary right.
7 Non-DisclosureThe End User undertakes (i) to keep in confidence all such information concerning the Software received under this Agreement, (ii) to use such information exclusively for the purpose stated in Section 2, and (iii) to prevent the disclosure of such information.
8 Limitation of LiabilityRISE shall not be liable to the End User for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this agreement, the software, its use or otherwise.Notwithstanding the generality of the above, RISE expressly excludes liability for consequential loss or damage which may arise in respect of the software, its use, the system or in respect of other equipment or property, or for loss of profit, business revenue, goodwill or anticipated savings. Regardless of whether any remedy fails of its essential purpose, in no event will RISE be liable for incidental, indirect, special or consequential damages, notwithstanding being aware of the possibility of such damages.
11 Entire AgreementThis Agreement, including Exhibit A, Exhibit B, and Exhibit C, sets forth the entire agreement and understanding of the parties relating to the subject matter herein.
12 Governing LawThis Agreement shall be governed by and construed in accordance with the substantive laws of Sweden.
EXHIBIT AList of software modules owned by third parties distributed by RISE with the SICStus Prolog Software.
EXHIBIT BFees applicable to SICStus Prolog release 4 exclusive Value Added Tax (VAT). The fees are subject to change by RISE once a year. For customers in Sweden there will be Swedish VAT added (at present 25%).
One Time License Fee
EXHIBIT CContact Points at RISEOrders, Invoices, LegalEmail: sicstus-request@ri.se Contact Points at The End User(please use block letters)
End UserTitle/Name: ___________________________________________ Email: ________________________________________________ Fax: ________________________________________________ Phone: ________________________________________________ Address: ______________________________________________ VAT number (where applicable): ________________________ Your Purchase Order Number:____________________________ Platform DetailsHardware model: _______________________________________ Operating system: _____________________________________ Ordering SICStus Prolog 4 LicensesOverview of Licenses
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License Type | Commercial License | Academic License | Personal License | Evaluation License | |
Multi-User | Single-User | ||||
License fee | 9600 | 2550 | 1800 | 180 | n/a |
---|---|---|---|---|---|
Support fee from 2nd year |
3200 | 850 | 600 | n/a | n/a |
#Users | 5 | 1 | unlimited | 1 | 1 |
Right to distribute applications |
yes | yes | no | no | |
Extended Runtime Library, per platform |
1500 | n/a | n/a | n/a | |
Source code license | Quoted on request | n/a | n/a | n/a | |
Remarks | C, E, G | A, B, E, F | B, D | B |
Educational organizations holding a supported academic site license have the "Right to sub-license SICStus Prolog to Students" so their students can download the program onto their home computers and laptops. See the Academic License, Exhibit D, for details.
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The SICStus Prolog User's Manual is available online from this site and can be viewed and printed. Before your weborder is processed, you will be contacted by a SICStus sales representative to confirm the details of your order—unless the weborder includes a purchase order number in which case an invoice will automatically be sent. You may include any concerns you have regarding the order in the note field provided below for that purpose. We strive to reply to weborders within 24 hours. A permanent license code is emailed when payment for the invoice has been received. See payment details below. *Marked items are mandatory.
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