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Computer Buyer 1998 July
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_USER1.CAB
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USERSETUP_0009OSIND
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license.txt
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1998-02-23
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CyberMedia License Agreement
This is a legal agreement between you, the end user, and CyberMedia.
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE
USING THE SOFTWARE ACCOMPANYING THIS LICENSE AGREEMENT
(the "SOFTWARE"). BY INSTALLING THE SOFTWARE AND/OR
USING IT ON YOUR COMPUTER, YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE
TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT
AGREE, DO NOT PROCEED WITH INSTALLATION OR OTHERWISE
CONTINUE TO USE THE SOFTWARE, AND PROMPTLY RETURN
THE SOFTWARE AND ALL ACCOMPANYING MATERIALS AND PACKAGING
PER THE CUSTOMER REMEDIES SECTION BELOW, FOR A FULL REFUND.
PART I: SOFTWARE LICENSE
GRANT OF LICENSE: CyberMedia grants you a non-exclusive, non-
Transferable right to use the SOFTWARE only on a single computer or
workstation. You may store the SOFTWARE on a network server, provided
it is used only to install or run the SOFTWARE on a single computer
or workstation over an internal network. If multiple or simultaneous
uses are to be made, you must first separately acquire and dedicate
a license for each computer or workstation on which the SOFTWARE is
installed or for which it is run or delivered from the network server.
RESTRICTIONS: You may not reverse engineer, decompile or disassemble
the SOFTWARE. The SOFTWARE and accompanying written materials may not
be used on more than one computer system at any one time, except that
you may (a) make one copy of the SOFTWARE solely for backup or archival
purposes, or (b) transfer the SOFTWARE to a single hard disk, provided
that you keep the original solely for backup or archival purposes. You
may not copy the written materials accompanying the SOFTWARE. This is a
license for your use only, and the SOFTWARE is not licensed for use in
providing computer or software maintenance services to others. You may
not sublicense, rent or lease the SOFTWARE. The license granted in this
Agreement is conditioned upon your agreement to and continued compliance
with all terms of this Agreement.
COPYRIGHT: The SOFTWARE is owned by CyberMedia and/or its suppliers, and
is protected by U.S. and international copyright laws and treaty
provisions. You have a restricted license to the SOFTWARE; you do not own
the SOFTWARE, and no title transfers to you regarding the SOFTWARE or any
portions thereof or material provided therewith, including any associated
copyrights, trademarks and other intellectual property rights. Title and
ownership in such remains in CyberMedia and/or its suppliers.
LIMITED WARRANTY: For non-evaluation SOFTWARE, CyberMedia warrants that
(a) the SOFTWARE will perform substantially in accordance with the
accompanying written materials for a period of sixty (60) days from the
date of purchase, and (b) the media on which the SOFTWARE is furnished
shall be free from defects in materials and workmanship for a period of
sixty (60) days from the date of purchase. Some local laws do not allow
limitations on the duration of an implied warranty, so the above
limitation may not apply to you. Evaluation SOFTWARE is provided AS-IS,
with NO WARRANTY OF ANY KIND.
CUSTOMER REMEDIES: If the SOFTWARE does not conform to the above limited
warranty, CyberMedia's entire liability and your exclusive remedy shall
be at CyberMedia's option either (a) providing a correction for the
defect; (b) helping you correct or avoid the defect; or (c) accepting
return of such SOFTWARE and all related material and refunding the price
paid therefor. You must first obtain from CyberMedia an authorization to
return any SOFTWARE during the warranty period, and you will be supplied
with a return authorization number and an address for returning the
SOFTWARE together with a copy of your receipt.
NO OTHER WARRANTIES: CYBERMEDIA DOES NOT WARRANT THAT
THE SOFTWARE OR ACCOMPANYING DOCUMENTATION IS ERROR FREE.
CYBERMEDIA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.
THIS LIMITED LEGAL WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND LOCAL LAWS MAY GIVE YOU ADDITIONAL RIGHTS.
NO LIABILITY FOR DAMAGES: IN NO EVENT SHALL CYBERMEDIA BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS, INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS
SOFTWARE, EVEN IF CYBERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME LOCAL LAWS MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
US GOVERNMENT RESTRICTED RIGHTS: The SOFTWARE, documentation and
related materials are provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19,
as applicable. Manufacturer/Contractor is CyberMedia, 3000 Ocean Park Blvd.
Suite 2001, Santa Monica, CA 90405. This agreement is governed by the laws
of the State of California, USA.
PART II: SERVICE SUBSCRIPTION
SERVICES: Certain CyberMedia SOFTWARE products include at no additional
charge a one year subscription to one or more electronic information and/or
updates services offered from time to time by CyberMedia, such as the
CyberMedia First Aid Service and the CyberMedia Oil Change Service
(individually a "Service", together the "Services"). A Service may provide
for access by you of CyberMedia's First Aid, Oil Change, or other Knowledge
Bases ("Content"). Any Services associated with the SOFTWARE you have
received are as described in the accompanying SOFTWARE documentation.
SUBSCRIPTION TERM: The term of your subscription, if any, for accessing
a Service begins on the date of first installation of the related SOFTWARE
on a computer, and will continue for the shorter of one year or the period
specified in the accompanying Documentation. Unless renewed by you before
the end of the subscription period through CyberMedia or an authorized
CyberMedia vendor, your subscription terminates, and you may no longer
access the Service.
COPYRIGHT: All title and copyrights in and to the Content, including but
not limited to any software, correction methodologies, scripts, databases,
images, animations, music or text included therein are owned by CyberMedia
and/or its suppliers and are protected by U.S. copyright and other
intellectual property rights laws and international treaties. You do not
own the Content, and no title transfers to you regarding the Content or
any portions thereof or material provided therewith, including any
associated copyrights, trademarks and other intellectual property rights.
Title and ownership in such remains in CyberMedia and/or its suppliers.
You agree to use the Content only though the SOFTWARE, and solely for its
intended purpose. You agree not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast or circulate the Content in any form
to anyone, including but not limited to others in the same company or
organization or to newsgroups, mail lists or electronic bulletin boards,
without the express prior written consent of CyberMedia. You may not
reverse engineer, decompile, or disassemble the Content.
USER OBLIGATIONS: You are responsible for obtaining and maintaining at
your own expense any and all telephone, network or other communications
links, computer software, hardware and other equipment or facilities, and
Internet services needed for access to a Service, which are in addition
to the SOFTWARE.
NO WARRANTY: All Services and Content are provided AS IS WITHOUT WARRANTY
OF ANY KIND. You expressly acknowledge and agree that use of a Service and
the Content is at your own risk and that such is provided without any
warranties whatsoever. Due to the inherent dynamic nature of the software
industry from which the Content is selected and organized, there may be
inaccuracies, omissions or delays in the delivery of Content. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
CYBERMEDIA FURTHER DISCLAIMS ANY IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF
A SERVICE AND THE CONTENT SHALL REMAIN WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL CYBERMEDIA BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THIS PRODUCT, EVEN IF CYBERMEDIA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
SERVICE INTERRUPTIONS: The Service may be interrupted during the term of
your subscription for reasons of planned or unplanned maintenance of its
servers. In all cases, CyberMedia's obligations will be limited to making
reasonable efforts to bring the servers back into operation and re-establish
Service. In no case shall CyberMedia be responsible for incidental or
consequential damages resulting from Service interruptions. You may also
experience service interruptions, including service degradations, due to
failures of your own Internet service provider or the failures of other
service providers providing connectivity between your computer and the
CyberMedia servers. CyberMedia disclaims all responsibility for service
interruptions resulting from the failures of Internet service providers.
USE AND ACCESS: The Content shall be accessed and used by you only through
the SOFTWARE. CyberMedia reserves the right to make any updates to the
SOFTWARE and/or the Content available to you through alternative modes of
access not requiring the use of the SOFTWARE or the Service.
CHANGES TO AGREEMENT CyberMedia may at any time and at its sole discretion,
change or discontinue any aspect or feature of the Service or Content.
CyberMedia shall have the right at any time to change the terms of this
Service Subscription or require new terms. Such changes shall be effective
immediately upon distribution by any means which give you actual knowledge
of them, and any use by you of the SOFTWARE, Service or Content after such
notice shall be deemed acceptance of them by you.
CM General SW License1 Sep-97