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.
