The Net Power 1997 October/NET_DISC.iso/mac/license.txt

Text File | 1997-07-10 | 8KB | 137 lines

    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.



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Copyright ⌐ 1997 Imagine Publishing, Inc.