Listings Deluxe 250M: Fre…ory, Demographic Browser/Listings Deluxe - Free Phone, Pro CD Internet Directory, Demographic Browser.iso/license.txt

Text File | 1996-02-08 | 10KB | 185 lines

Single Workstation or Personal Computer License Agreement
Pro CD, Inc. Compact Disc License / Directory Listing
License

Please read this license carefully before using the software
or accessing the listings contained on the discs. By using
the discs and the listings licensed to you, you agree to be
bound by the terms of this license. If you do not agree to
the terms of this License, promptly return all copies of the
software, listings that may have been exported, and the discs
to the place where you obtained it.

1 Grant of License. Pro CD, Inc. ("Pro CD") grants you a
non-exclusive, non-transferable license to use (I) the
application and directory listings contained on the original
and any additional discs delivered to you by Pro CD in the
future (the "Listings"), and (ii) the User Guide and
software originally delivered to you and any further such
materials delivered to you by Pro CD in the future
(collectively, the "Software"), in each case in compliance
with the terms of this License (the Listings and the
Software are sometimes collectively referred to in this
License as the "Product"), including the right to install
and use one copy of the Product on a single personal
computer or other single microprocessor-based computer
having a CD-ROM drive connected directly to such computer
owned or controlled by you. Listings may not be accessed
over a network. You may make a single back-up or archival
copy of the Product, as long as you restrict use to those
purposes and as long as each copy bears the following
copyright notice:  "Copyright 1992-1996 Pro CD, Inc." You may
transfer the Product from one PC to another, as long as you
erase the software from the old PC before loading it into the
new one. You may not copy the Software or all or any portion
of the Listings or reverse-engineer, disassemble, or
decompile the Product.

2 Ownership. The Software and the Listings are proprietary
products of Pro CD, and are protected under U.S. copyright
law and international treaty provisions. All copies of the
Software and Listings made by you in accordance with this
License shall contain Pro CD's copyright notices. All
intellectual property rights in and to the Software and
Listings are retained by Pro CD. Without limiting the
foregoing, you acknowledge that (a) neither the Software and
the Listings nor your rights and obligations under this
License may at any time be sublicensed, assigned or
transferred, in whole or in part, to any third party, (b)
you may not distribute, rent, sublicense, or lease the
Software or the Listings in whole or in part to any third
party, and (c) you will not make the Software or Listings
available in whole or in part to any other user in any
networked or time-sharing environment, or transfer the
Listings in whole or in part to any computer other than the
PC used to access the Listings. You further agree that you
will not make any copy of the Software or Listings or any
portion or derivative work thereof and sell, license, rent,
loan, lease, or distribute the same to any third party.

3 Term. This License is effective upon receipt by you of the
Product and shall continue until terminated. You may
terminate this License at any time by returning all copies
of the Product, and any portions thereof, to Pro CD. Pro CD
may terminate this License immediately and without prior
notice if you breach any term of this License. You will
erase all memory resident copies of the Product and return
all existing copies of the Software and the Listings, and
any portions thereof, to Pro CD on termination of this
License, or destroy the same and certify in writing to Pro
CD that you have done so.

4 Limited Warranty. Pro CD warrants that the disc(s) on
which the Product is furnished shall, for a period of 90
days from delivery (the "Warranty Period") be free, in
normal use, from defects in material and workmanship. Pro CD
will have no responsibility to replace any disc(s) that have
been damaged by accident, abuse or misapplication. If,
during the Warranty Period, a defect in the disc(s) appears,
you may return the disc(s) and User Guide to Pro CD for
either replacement or, if so elected by Pro CD, refund of
your purchase price. Pro CD does not warrant the
completeness or accuracy of any information contained in the
Listings, or that the use of the Software will meet your
needs or that its use will be uninterrupted or error free.
The foregoing constitutes your sole and exclusive remedy for
breach by Pro CD of any warranties (express or implied) made
under this License. EXCEPT FOR THE WARRANTIES SET FORTH
ABOVE, THE PRODUCT IS LICENSED "AS IS," AND PRO CD DISCLAIMS
ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. NO PRO CD DEALER, DISTRIBUTOR, AGENT OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION
TO THE FOREGOING WARRANTY. Some states do not allow the
exclusion of implied warranties or limitations on how long
an implied warranty may last, so the above limitations and
exclusions may not apply to you. This warranty gives you
specific legal rights, and you may also have other rights,
which vary from state to state. Pro CD may, from time to time,
revise or update the Software including user documentation, and
in so doing, incurs no obligation to furnish such revisions or
updates to the customer. To the extent that any of the Software
and Listings require current data to operate according to the
user documentation, if the customer does not obtain and install
any necessary current data, Pro CD shall have no further
obligation.

5 Limitation of Liability. Pro CD's cumulative liability to
you and all other parties for any loss or damages resulting
from any claims, demands, or actions arising out of or
relating to this License shall not exceed the license fee
paid by you for the use of the Product. Pro CD shall not be
liable for (a) any loss of use of your computer or loss or
corruption of data or the costs of system or data recovery,
(b) any third party claims, or (c) for any indirect,
special, punitive, exemplary, incidental or consequential
damages or lost profits, whether based on contract,
negligence, strict liability or otherwise, even if Pro CD
has been advised of the possibility of such damages. Some
states do not allow the limitation or exclusion of liability
for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.

6 U.S. Government Licenses. The Product and the Listings are
provided with restricted rights. Use, duplication or
disclosure by the Government is subject to restrictions as
set forth in Subparagraph 252.227-7013(c)(1)(ii) (Rights in
Technical Data and Computer Software) of the Department of
Defense Federal Acquisition Regulations Supplement or
Subparagraphs 52.227-19(c)(1) and (c)(2) (Commercial
Computer Software - Restricted Rights) of Title 48 of the
Code of Federal Regulations, as applicable.
Contractor/manufacturer is Pro CD, Inc., 222 Rosewood Drive,
Danvers, MA 01923.

7 Governing Law. This License shall be governed by the
internal laws of the Commonwealth of Massachusetts, as
applied to agreements entered into and to be performed
entirely within Massachusetts between Massachusetts
residents. If for any reason a court of competent
jurisdiction finds any provision of this License, or portion
thereof, to be unenforceable, that provision of the License
shall be enforced to the maximum extent permissible so as to
effect the intent of the parties, and the remainder of this
License shall continue in full force and effect.

8 Use of the Product. You agree to use the Product,
including the Listings, in accordance with local, state, and
federal laws, which may limit your use of the Product,
including the Listings,  for certain applications such as
direct marketing, telemarketing and other uses.

9 FEDERAL AND STATE LAW MAY IMPOSE RESTRICTIONS ON THE
ABILITY TO SOLICIT BY TELEPHONE OR FACSIMILE. LAWS VARY FROM
JURISDICTION TO JURISDICTION. A VIOLATION OF SUCH LAWS MAY
RESULT IN SIGNIFICANT PENALTIES AND OTHER SANCTIONS. ANY
PERSON INTENDING TO USE PRO CD PRODUCTS FOR SOLICITATION
PURPOSES SHOULD CONSULT WITH THEIR OWN COUNSEL TO DETERMINE
THE EXTENT, IF ANY, OF PERMISSIBLE SOLICITATION ACTIVITIES.

10  Complete Agreement. This License constitutes the entire
agreement between the parties with respect to the use of the
Product, and supersedes all prior or contemporaneous
understandings or agreements, written or oral, regarding
such subject matter. No amendment to or modification of this
License will be binding unless in documented writing and
signed by a duly authorized representative of Pro CD.

Copyright ⌐ 1992-1996 Pro CD Inc. All rights reserved. Pro CD,
Pro CD Internet Directory, Select Phone, Select Phone Deluxe,
Select Phone for Networks, Canada Phone, Home and Business Phone,
Pro CD Fax Book, Home Phone, Business Phone, Free Phone, Canada
Home Phone, Canada Business Phone, Select Street Atlas, ZIPFix,
List Match, Web Phone, Direct Phone, Net Phone, the Pro CD logo,
and the ProPhone logo are trademarks of Pro CD, Inc.

ProPhone, ProCD, The National Telephone Directory on CD-ROM, and
The New Media Telephone Book are registered trademarks of Pro CD,
Inc. All other product names are trademarks of their respective
companies. Use of the listings contained in this product are
subject to the terms and conditions of the enclosed license
agreement.

Trademark Notices: ZIP Code and ZIP+4 are registered trademarks
of the U.S. Postal Service.