- 5 -
benefits) for marketing. Thus, even should a
successful product be delivered to the Partnership, it
would take a marketing company [to] make the
partnership successful. * * *
On December 31, 1982, a Research Agreement between Knox and
the partnership was executed. The partnership agreed to pay to
Knox a flat fee $600,500. Article I of the Research Agreement
specified the scope and definition of work as follows:
Knox will carry on research and development work
at the order and risk of the Partnership on a research
program to develop new and unique computer software in
the field of financial planning. It is understood that
this software will cause computers to perform financial
planning tasks in contrast with other such software,
and/or real doubt exists as to the operational
feasibility of developing the software. The proposed
software should perform, at a minimum, the following
functions:
A. Convert the essential factors of qualitatively
“unlike” investments, including stocks, real estate,
fixed-interest investments (bonds, etc.), gold, foreign
currencies, silver, commodities, collectables, etc., to
a common “investment language” so that they can be
analyzed, compared, and contrasted as though they were
qualitatively identical;
B. Allow the software user to imput [sic] the
dissimilar investments, and receive back either the
computer’s translation into its own “language”, or an
analysis of the dissimilar investments which will allow
the user to analyze them as though they were
qualitatively similar; being then dissimilar only
quantitatively;
C. Cross reference, between apparently dissimilar
investment choices, areas that are actually similar,
such as where--
1. Two investments are similar because they
both are “leveraged”, such as real estate and
commodities, or
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