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LICENSE
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1997-07-03
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7KB
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LIMITED LICENSE AGREEMENT
***READ BEFORE USING THIS CD-ROM DISC***
By using this CD-ROM disc (the "CD"), you agree to be bound by the terms and
conditions set forth below.
The software, documentation and other materials contained on the CD (the "CD
Contents") are being licensed to you pursuant to the terms and conditions of this
Limited License Agreement (the "Agreement"), subject to the rights of third parties
under applicable intellectual property law or separate agreements distributed with the
CD Contents (the "Third Party Agreements"). If there is a conflict between this
Agreement and any Third Party Agreement, the Third Party Agreement shall prevail.
The CD Contents are owned either by Imagine Publishing, Inc. ("Imagine") or by
the third-party suppliers whose names appear on the CD. Except as expressly
provided below or on the CD itself, you do not have free or unlimited use of the CD
Contents.
In addition to the terms and conditions set forth below, you agree and
understand that:
You are responsible for the installation, management and operation of the
CD.
No support is offered for third party programs beyond the information
included on the CD or in the accompanying magazine.
Although the CD has been certified virus-free at press time by Imagine's
quality control staff, it is not possible to ensure that our virus-checking
software has not been bypassed by some new type of virus.
If a program is marked as "Shareware" it is subject to the usual rules
governing distribution of Shareware, namely, that you are required to send
a license fee to the author, as requested on the individual program, if you
wish to use the program after evaluating it.
Other Express Terms and Conditions
1. Limited License.
Subject to the rights of third parties and to the terms and conditions of any Third
Party Agreements contained on the CD, Imagine hereby grants to you a limited,
nonexclusive, nontransferable license to use the CD Contents on a single dedicated
computer for your own purposes and not for resale or transfer to other persons or
computers. This Agreement and your rights hereunder shall automatically terminate
if you fail to comply with any provision of this Agreement. Upon such termination,
you agree to destroy the CD and all copies of the CD or the CD Contents in your
possession or under your control.
2. Additional Restrictions.
A. Neither you or nor any person or entity under your control shall, directly or
indirectly, by electronic or other means, reproduce, publish, distribute, rent, loan,
sell, sublicense, assign or transfer the CD Contents or any part thereof (except to
make archival copies as permitted by applicable law), nor shall you or any person or
entity under your control reverse-engineer, decompile, disassemble or otherwise
reduce any part of the CD Contents to human-perceivable form, nor modify, create a
derivative work from, translate or transmit the CD Contents from one computer to
another or over a network.
B. Neither you nor any person or entity under your control shall remove or obscure
any trademark, copyright notice or other proprietary notice or legend from the CD
Contents.
C. You agree and certify that you will not distribute or export the CD Collection
outside the United States except as authorized and permitted by law or regulation.
3. Limited Warranty.
A. Imagine warrants that the original physical medium in which the CD Contents are
embodied and distributed by Imagine shall be free of defects in materials and
workmanship for a period of ninety (90) days after delivery to you. Your exclusive
remedy for a breach of this warranty is limited to replacement by Imagine of the
original physical medium, if defective, within a reasonable period of time.
B. Except as expressly provided above, the CD and the CD Contents are provided
"as is" and without warranty of any kind, express or implied, including without
limitation, any warranty of merchantabililty or fitness for a particular purpose. Both
Imagine and the third-party suppliers expressly disclaim all warranties and do not
represent that the CD Contents will meet your requirements or that the operation of
the CD will be uninterrupted or error-free or that defects in the CD Contents will be
corrected. The entire risk as to performance or results of the CD and the CD
Contents is assumed by you, and neither Imagine nor its third-party suppliers
assume any responsibility for the accuracy of or any errors or omissions in the CD
Contents, nor shall Imagine or any third-party supplier be responsible for file
corruption, loss of data, loss of system functionality or other problems arising from
the use of the CD.
4. Limited Liability.
A. In no event, including negligence, shall Imagine or any of its third-party
suppliers be liable for any direct, indirect, special, incidental or consequential
damages arising out of the use of, or inability to use, the CD or the CD Contents,
even if Imagine or its third-party suppliers have been advised of the likelihood or
such damages occurring. Without limitation on the generality of the foregoing,
neither Imagine nor its third-party supplier shall be liable for any loss, damages, or
costs arising out of lost profits or lost revenue; loss of use of the CD Contents; loss
of data or equipment; cost of recovering software, data or the CD Contents; the cost
of substitute software, data or equipment; or third-party claims relating thereto.
B. In no event shall the liability of Imagine or its third-party suppliers for all
damages, losses and causes of action, whether in contract, tort (including
negligence) or otherwise, exceed the amount paid by you for the CD.
5. Nonapplicability.
Some states do not allow exclusion or limitation of implied warranties or limitation
of liability for incidental or consequential damages. If you reside in one of these
states, the foregoing two paragraphs may not apply in whole or in part.
6. Exclusivity.
The warranties and remedies set forth herein are exclusive and in lieu of all others,
oral or written, express or implied. No agent or employee of Imagine or any
third-party supplier is authorized to make any modification or addition to the
warranties contained herein.
7. General.
Nothing in this Agreement shall be or shall be deemed to be a waiver of any rights of
Imagine or third-parties under U.S. copyright, trademark and other intellectual
property laws, or those of any state, locality or foreign country. This agreement
shall be construed, interpreted, and governed under the laws of the State of
California (without regard to conflicts of law). If any provision of this Agreement is
found by a court of competent jurisdiction to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to give effect to the intent
thereof and the remainder of the Agreement shall continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to
the use of the CD Contents and supersedes all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. No
amendment or modification of this agreement shall be binding unless in writing
signed by the party against whom enforcement is sought.