Heninger is a well$-$known software engineer. Her specialty is writing software code used in maintaining the security of credit card information. Heninger is approached by the Commerce Group $($ECG$).$ It offers to pay her $ for the right to use her code under licence in its eprocurement software package. Heninger rejects this offer because it provides her with no additional benefits if the eprocurement package is a runaway success. Both parties eventually agree to a contract in which ECG pays Heninger a flat fee of $ for the right to use her code in up to packages. If eprocurement sells more than packages, Heninger receives $ for each package sold beyond the level