CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS, YOUR DOWNLOADING OF THIS PROGRAM TO YOUR PC WILL INDICATE YOUR ACCEPTANCE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT MAKE ANY FURTHER ATTEMPT TO DOWNLOAD THIS SOFTWARE.
Computer Associates provides this Program and licenses its use to you. You are responsible for selecting the Program to achieve your intended results and for the installation, use and results obtained from the Program.
THE PROGRAM, INCLUDING ITS CODE, DOCUMENTATION, APPEARANCE, STRUCTURE AND ORGANIZATION, IS A PROPRIETARY PRODUCT OF COMPUTER ASSOCIATES AND IS PROTECTED BY COPYRIGHT AND OTHER LAWS. TITLE TO THE PROGRAM, OR ANY COPY, MODIFICATION OR MERGED PORTION OF THE PROGRAM, SHALL AT ALL TIMES REMAIN WITH COMPUTER ASSOCIATES.
LICENSE - The following restricted rights are granted:
You May:
a. Use the Program only on a single computer or install the Program on a single computer network system for your own individual use. Even though copies of the Program may be provided on disks of different sizes, you may not use both sizes simultaneously on different computers. The Program may be transferred to and used on another computer, so long as the Program is de-installed from the original computer, and shall under no circumstance be used on more than one computer at a time.
If designated for use on a network system, the Program may be used only in conjunction with the LanPak for the Program.
b. Make one copy of the Program for backup or archival purposes in support of your permitted use of the Program.
c. Transfer the Program together with this License to another person, but only if the other person agrees to accept the terms and conditions of this Agreement. If you transfer the Program and the License, you must at the same time either transfer all copies of the Program and its Documentation to the same person or destroy those not transferred. Any such transfer terminates your License, but you agree that you shall continue to keep all Computer Associates materials confidential.
YOU MAY NOT:
a. TRANSFER OR RENT THE PROGRAM OR USE, COPY OR MODIFY THE PROGRAM, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PERMITTED IN THIS AGREEMENT.
b. DECOMPILE, REVERSE ASSEMBLE OR OTHERWISE REVERSE ENGINEER THE PROGRAM.
c. REPRODUCE, DISTRIBUTE OR REVISE THE PROGRAM DOCUMENTATION.
IF YOU DO ANY OF THE FOREGOING, YOUR RIGHTS UNDER THIS LICENSE WILL AUTOMATICALLY TERMINATE. SUCH TERMINATION SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO COMPUTER ASSOCIATES.
LIMITED WARRANTY
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE PROGRAM IS PROVIDED AS LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Computer Associates warrants that the Program will substantially perform the functions or generally conform to the Program's specifications published by Computer Associates and included in this package.
Computer Associates warrants that the disks on which the Program is furnished will be free from defects in materials and workmanship under normal use for a period of 90 days from the date of delivery to you.
Computer Associates does not warrant that the functions contained in the Program will meet your requirements or that the operations of the Program will be entirely error free or appear precisely as described in the Program documentation.
LIMITATION OF REMEDIES AND LIABILITY
To the maximum extent permitted by applicable law, the remedies described below are accepted by you and your only remedies, and shall be available to you only if you or your dealer returns the enclosed registration form to Computer Associates within ten days after delivery of the Program to you.
Computer Associates' entire liability and your exclusive remedies shall be:
a. If the Program does not substantially perform the functions or generally conform to the Program's specifications published by Computer Associates, you may, within 90 days after delivery, write to Computer Associates to report a significant defect. If Computer Associates is unable to correct that defect within 90 days after receiving your report, you may terminate your License and this Agreement by returning the Program with your original receipt and your money will be refunded.
b. If the Program disks are defective, within 90 days of delivery, you may return it with a copy of your receipt and Computer Associates will replace it.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPUTER ASSOCIATES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, EVEN IF COMPUTER ASSOCIATES OR A DEALER AUTHORIZED BY COMPUTER ASSOCIATES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL
Computer Associates does not guarantee the performance of the Program for use on a network system because the configuration and type of network can affect such performance.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by the laws of the State of New York.
Any questions concerning this Agreement should be referred in writing to Computer Associates International, Inc., One Computer Associates Plaza, Islandia, NY 11788-7000.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND, BY DOWNLOADING THE PROGRAM TO YOUR PC, INDICATE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT, UNLESS SPECIFICALLY COVERED BY ANOTHER WRITTEN LICENSE AGREEMENT, IT IS THE COMPLETE AGREEMENT BETWEEN US AND IT SUPERSEDES ANY INFORMATION YOU RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
All the terms and conditions of the Computer Associates International, Inc. license agreement and limited product warranty applicable to Computer Associates International, Inc. are also applicable to the Kiplinger Washington Editors, Inc.
