Norwest Corporation and Subsidiaries - Page 33

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          Vermont v. United States, 61 AFTR 2d 88-788, 88-1 USTC par. 9169            
          (D. Vt. 1988).  One would not pay thousands, or even tens of                
          thousands of dollars, for the disk or tape without the software's           
          intellectual property placed thereon.                                       
               The software here acquired was sold subject to nonexclusive,           
          nontransferable license agreements.  Pursuant to those agreements,          
          petitioner was entitled to use the software it purchased in its             
          banking and related activities but was not permitted to reproduce           
          or resell the software to others.  It is clear from the license             
          agreements that petitioner was interested only in using the                 
          intangible programs contained on the tapes and disks.  This point           
          is demonstrated by the description provided in a license agreement          
          entered into in conjunction with the purchase of "ESTIMATICS"               
          software from Management and Computer Services, Inc.:                       
                    The intangible knowledge, information and                         
                    know-how to be made available hereunder shall                     
                    be provided on 5 1/4" diskette for the IBM                        
                    personal computer.                                                
               C.  A Computer Program Is Not Inextricably Bound to a Single           
               Tangible Medium                                                        
               Software's intellectual property is fluid.  The intellectual           
          property was placed on a tangible medium simply for ease of                 
          transmission.  The initial housing of the intellectual property on          
          a tangible medium is temporary, and ultimately, the program's               
          intellectual property is mirror-image transferred onto a computer.          
          And it is this mirror-image transfer that the purchaser of the              
          computer software desires when acquiring the software.  Upon the            




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