Two separate use Licenses apply to this software product. Both Licenses appear in this document. You must read and agree to all the terms of both Licenses in order to use the product. By breaking the seal on the CD-ROM case, you are agreeing to be bound by all the terms of both Licenses. If you do not agree to all the terms of both Licenses, please promptly return the unopened CD-ROM case to: World Book, Inc., Returns Department, 233 North Michigan Avenue, Suite 2000, Chicago IL 60601 USA, and the documented purchase price will be refunded to you.
WORLD BOOK, INC. LICENSE AGREEMENT
PLEASE READ THIS LICENSE CAREFULLY BEFORE OPENING THE SOFTWARE PACKAGE. By opening the software package, you are agreeing to be bound by the terms of this License. If you do not agree with the terms of this License, promptly return the unopened software package with its accompanying materials and the documented purchase price will be refunded to you.
LICENSE. In consideration of the payment of the License fee, which is a portion of the price paid for the software program, data, images and sounds (the "Software") and related user documentation, World Book, Inc. and its co-licensors (collectively referred to as "World Book") grant to you a non-exclusive, non-transferable license to use and display the enclosed copy of the Software, in accordance with the terms of this License. This License shall not be considered a "sale" of the Software. Unless you have executed a "Network License Agreement," you may use the Software only on a single computer at a single location at any one time. All rights not expressly granted to you in this License are reserved to World Book.
OWNERSHIP. You own the compact disc on which the Software is recorded but all right, title, and interest to the Software (including any images, photographs, animations, videos, audio, music, and text incorporated therein) and the accompanying documentation is owned by World Book. Although the Software is contained on a compact disc, and, therefore, there is no need to make backup or archival copies of the Software, you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original copy solely for backup or archival purposes, in addition to any copying that occurs during the set-up/installation of the Software as done by the Software itself.
COPYRIGHT. The Software and accompanying documentation are protected by United States copyright laws and international treaties and other applicable national laws. No part of the Software or the documentation may be copied or reproduced in hard copy or machine-readable form without prior written approval from World Book, subject to Section 107 of the Copyright Act of 1976. If you have any questions about permission to copy information or data from the Software, you should contact World Book for guidance.
OTHER RESTRICTIONS ON USE. The Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect such material, you may not, without World Book's prior written consent: (I) decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form; (ii) move the Software to another location; (iii) use the Software over any type of a network unless you have paid for network use; (iv) make the Software available through any form of online service, remote dial-in, or network or telecommunications links of any kind; (v) electronically transmit or remotely operate the Software by any means; or (vi) modify or create derivative works based upon the Software or the accompanying documentation.
RESTRICTIONS ON ASSIGNMENT OR TRANSFER. You may not sell, assign, rent, lease, sublicense, or otherwise transfer, in whole or in part, the Software or your interest in this License, without World Book's prior written consent.
UPDATES. Updated versions of the Software may be created or issued by World Book from time to time. World Book, in its sole discretion, may make such updates available to you provided you are a licensee, and you have paid the update fee and returned the original compact disc to World Book.
TERMINATION. This License shall remain in effect until terminated. It shall terminate automatically without notice in the event you fail to comply with any provision of this License. In the event of termination, you must immediately return the Software and all related documentation and all copies thereof, including copies made in violation of the terms of this License.
GOVERNMENT END USERS. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (I) if the software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software," and the Government is acquiring only "restricted rights" to the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DEFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and its documentation will be defined in Clause 52.227-19(c)(2) of the FAR or in clause 18-52.227-86(d) of the NASA Supplement to the FAR.
EXPORTING. You agree and certify that neither the Software nor any other technical data received from World Book, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside the United States, you agree that you will not re-export the Software nor any other technical data received from World Book, nor any direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
LIMITED WARRANTY AND DISCLAIMER. World Book warrants the compact disc on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you. World Book also warrants for a period of ninety (90) days from the date of delivery to you that each program proprietary to World Book, Inc., as indicated in the documentation provided with the Software, will perform substantially in conformance with the accompanying documentation, provided that the Software is used properly on a computer for which it was designed. Some states/jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, EXPRESS, OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORLD BOOK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION SHALL ALSO APPLY TO THE THIRD-PARTY SUPPLIERS OF THE MATERIALS CONTAINED IN THE SOFTWARE, AND SUCH THIRD PARTIES SHALL BE CONSIDERED THE INTENDED BENEFICIARIES OF THIS SECTION.
You expressly agree and acknowledge that your use of the Software and documentation is at your sole risk. World Book does not warrant that the functions contained in the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. World Book also does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by World Book or an authorized World Book representative shall create a warranty or in any way increase the scope of this warranty.
If a defect is discovered within the ninety (90) day warranty period, return the defective disc to the address listed below and it will be replaced free of charge. World Book's entire liability and your exclusive remedy will be replacement of the defective disc. World Book will have no responsibility to replace a disc damaged by accident, abuse, alteration, or misapplication.
ALL OTHER PROGRAMS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, AND WORLD BOOK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You assume the complete risk as to the quality and performance of any non-warranted program. Should the program be defective, you assume the entire cost of any necessary servicing, correction, or repair.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WORLD BOOK BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF WORLD BOOK OR A WORLD BOOK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS 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. IN NO EVENT SHALL WORLD BOOK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE] OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
MISCELLANEOUS. The License shall be governed by and construed in accordance with the laws of the United States and the State of Illinois, or, in Canada, the laws of the province of Ontario. 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 parties, and the remainder of this License shall continue in full force and effect. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
World Book, Inc.
233 North Michigan Avenue
Suite 2000
Chicago, IL 60601
U.S.A.
OPTICAL MEDIA PUBLISHING, LTD.
License Agreement
NOTICE:
READ THESE TERMS CAREFULLY BEFORE USING THE CONTENT DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE CONTENT AND IF YOU ARE THE ORIGINAL PURCHASER OF THE CONTENT YOU SHOULD RETURN THE CONTENT, UNUSED, TOGETHER WITH ALL PRINTED MATERIALS, TO THE PLACE WHERE YOU PURCHASED IT FOR A FULL REFUND.
YOUR INSTALLATION OR USE OF THE CONTENT INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
This agreement is between you and Optical Media Publishing, Ltd.("OPTICAL MEDIA PUBLISHING, LTD.").
Use of the software, content or other material contained therein (collectively, the "Content") is permitted only in accordance with the terms of this License Agreement. If you accept the terms of this License Agreement you may use the Content and upon such acceptance, Optical Media Publishing, Ltd. grants to you the limited non-exclusive license specified herein. If you do not agree to the terms of this License Agreement you may not use the Content.
LICENSE:
Subject to the conditions contained herein, Optical Media Publishing, Ltd. grants to you a limited, non-exclusive, non-transferable license to use one copy of the Content, which may include electronic documentation, on a single computer/workstation. The Content is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. You may not use the Content on or over a network or any other transfer device without each concurrent user having an original copy of the Content and its documentation. You may either make one copy of the Content solely for backup or archival purposes or transfer the Content to a single hard disk provided you keep the original solely for backup or archival purposes.
All such activity is for your personal, non-commercial and informational use only and may be carried out only if you keep intact all copyright, trademark and other proprietary notices.
PROPRIETARY RIGHTS:
All Content made available to you is the copyrighted work of Optical Media Publishing, Ltd., its subsidiaries and affiliates and/or their licensors. Content ownership is retained by Optical Media Publishing, Ltd. its subsidiaries, affiliates, and/or their licensors, and is the sole and exclusive property of such entities. All rights not explicitly granted to you under this Agreement, whether now existing or which may hereafter come into existence, including without limitation, print or electronic publication in all media and formats, and the right to make any derivatives thereof, are reserved by Optical Media Publishing, Ltd. its subsidiaries and affiliates and/or their licensors.
RESTRICTIONS ON USE OF THE CONTENT:
You hereby undertake that you will not engage in any of the following: (i) the copying of the Content, except as expressly specified in the grant of license above; (ii) the reproducing, republishing, uploading, posting or transmitting, in any way, of any portion of the Content; (iii) the modifying, reverse-engineering, disassembling, reverse-assembling or decompiling of the Content, for any reason whatsoever, or of otherwise attempting to derive source code from the Content; (iv) the selling, sublicensing, transferring, assigning, leasing, loaning, marketing, distributing, or otherwise granting to any other party of any rights in respect of the Content; and (v) the removing of any proprietary marks, notices, legends, or copyright notices from the Content.
INDEMNIFICATION:
You agree to indemnify, defend and hold Optical Media Publishing, Ltd., and all of its officers, directors, owners, agents, employees, information providers, affiliates, subsidiaries, licensors and licensees (collectively, "the Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, attorneys' fees, incurred by the Indemnified Parties in connection with any claim, damage or inconvenience arising out of or related to your use of the Content or any breach by you of the terms and conditions herein. You shall cooperate fully in the defense of any claim against any Indemnified Party. Optical Media Publishing, Ltd. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving you of your indemnification obligation. In no event shall any matter related hereto be settled without the written consent of Optical Media Publishing, Ltd.
WARRANTY DISCLAIMERS:
Optical Media Publishing, Ltd. warrants that the media on which the Content is distributed are free from defects in materials and workmanship for a period of ninety (90) days from the time of receipt.
Optical Media Publishing, Ltd. DISCLAIMS ANY OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CONTENT AND ANY THIRD-PARTY SITES AND ANY GOODS, SERVICES OR CONTENT YOU RECEIVE THEREFROM. OPTICAL MEDIA PUBLISHING, LTD.DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Optical Media Publishing, Ltd. makes no representations or warranties regarding the results of the use of the Content in terms of correctness, accuracy, reliability or otherwise. You (and not Optical Media Publishing, Ltd.) assume the entire cost of all necessary servicing, repair or correction.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL OPTICAL MEDIA PUBLISHING, LTD., ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES OR OTHER DAMAGES ARISING OUT OF OR RELATED TO, IN ANY WAY, YOUR USE, INABILITY TO USE, RELIANCE ON OR INTERRUPTION IN USE OF THE CONTENT AND ANY GOODS, SERVICES OR CONTENT YOU RECEIVE THEREFROM EVEN IF OPTICAL MEDIA PUBLISHING, LTD.HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CONTENT IS TO STOP USING THE CONTENT. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; ACCORDINGLY, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LINKS TO SITES:
You acknowledge that any link to third-party Web sites from the Content, or references to third-party goods, services, resources or sponsors by the Content, do not constitute any endorsement or representation of any kind by Optical Media Publishing, Ltd. as to their content or quality.
You acknowledge that Optical Media Publishing, Ltd. neither owns, nor is responsible for the contents of, or goods or services purchased on, any third-party Web site you access through the Content. You acknowledge and agree that your use of any third-party site or reliance upon any content thereon, or the purchase or use of any goods or services therefrom, is at your sole risk.
You acknowledge that your access to third-party Web sites through the Content is subject to the third-party site's terms and conditions, and that Optical Media Publishing, Ltd. makes no representations as to the accessibility of any third-party site, nor does Optical Media Publishing, Ltd. assume any responsibility of any kind related to any transactions, reliance or use by you on any third-party site.
U.S. EXPORT ISSUES:
No Content may be used or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of specially designated nationals or the U.S. Commerce Department's Table of Deny Orders.
TERMINATION:
This agreement will terminate immediately without notice from Optical Media Publishing, Ltd. if, in Optical Media Publishing, Ltd.'s sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all Content.
MISCELLANEOUS:
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of New York.
Any cause of action that you may have with respect to your use of the Content must be commenced within one (1) year after the claim or cause of such action arises. If, for any reason, a court of competent jurisdiction finds any term or condition in any provision herein to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the original intent thereof, and the remaining terms and conditions shall continue in full force and effect.
The terms and conditions herein constitute the entire agreement between Optical Media Publishing, Ltd. and you relating to the subject matter herein and shall not be modified except in writing, signed by Optical Media Publishing, Ltd. and you.
Software program (c) 2002 Optical Media Publishing, Ltd. and its licensors. All
rights reserved. Reproduction and disassembly of embodied programs or
algorithms prohibited. You may not reverse engineer, decompile or disassemble the software program except to the extent that this restriction is prohibited by applicable law. All trademarks are the property of their respective owners.
Microsoft and Microsoft Internet Explorer are registered trademarks or trademarks of Microsoft Corporation in the United States or other countries.
Verity is a worldwide trademark of Verity Inc. registered in the US and numerous other countries.
Contains Macromedia Flash(tm) Player software by Macromedia Inc.
Copyright (c) 1995 - 2000 Macromedia Inc. All rights reserved.
Macromedia and Flash are trademarks of Macromedia Inc.
Contains Macromedia Shockwave (tm) Player software by Macromedia Inc.
Copyright (c) 1995 - 2000 Macromedia Inc. All rights reserved.
Macromedia and Flash are trademarks of Macromedia Inc.
