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Developer Source 5
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developer source - volume 5.iso
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license.txt
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1997-01-23
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DEVELOPER SOURCE(TM) LICENSE AGREEMENT
READ THIS AGREEMENT CAREFULLY BEFORE USING THIS CD-ROM PRODUCT. BY
USING THE CD-ROM YOU ACCEPT THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS
AGREEMENT, YOU MAY RETURN THIS UNUSED PACKAGE FOR A FULL REFUND OF
THE UNUSED PORTION OF THE LICENSE FEE.
The CD-ROM disc within this package represents one issue of a subscription
(the "Subscription") to DEVELOPER SOURCE(TM) (the "Product"). The data and
software contained in the issue (collectively, the "Issue") and the Product are
proprietary products of I-MODE Publications, Inc. ("I-MODE"), except insofar as
they contain data and software which are proprietary products of third parties
("Third Party Suppliers") who have made their data and software available under
license to I-MODE, all of which proprietary products are protected by the United
States Copyright Act. I-MODE and the Third Party Suppliers retain ownership of
the copyright to their materials and to this copy of the Issue and documentation,
as their respective interests may appear. The Product, Issue, documentation and
enclosed disc(s) are licensed (not sold) to you under the terms and conditions of
this Agreement.
You are licensed to:
- Use the Issue on any computer which you personally own or use within your
organization, provided that the Issue is not used in any network, file server,
virtual disk, timesharing, multiple CPU, other multi-user, bulletin board or
remotely accessible arrangement. You must execute a Network License Addendum to
this CD-ROM License Agreement before using the Issue in connection with any
network, file server, virtual disk, timesharing, multiple CPU, other multi-user,
bulletin board or remotely accessible arrangement.
- Extract limited portions of data from the Issue on an occasional ad hoc basis
and distribute that data within your organization provided, however, that the
data is distributed with appropriate notices indicating the source of such data
and prohibiting any further reproduction or distribution of such data.
You may not:
- Allow more than one Issue of the Product to be available for use at any one time
- Reproduce, publish, distribute, sell or otherwise use any material retrieved
from or software contained in the Issue in any manner whatsoever that may
infringe any copyright or other proprietary interest of I-MODE, any Third Party
Supplier or any other party
- Distribute, rent, sublicense, lease, sell, transfer or assign the Issue, the
Subscription or the documentation or this Agreement
- Decompile, disassemble or otherwise reverse engineer the Issue or alter,
translate, modify or adapt the Issue or any part thereof or create derivative
works
- Use the software with any database(s) other than those provided with the Issue
You agree that a third party supplier of any portion of the Product may
enforce any right it may have which is violated by your breach of any of these
restrictions or other provisions of this agreement.
This license and your right to use the Issue and any other issues of the
Product, receive subsequent issues of the Product and renew the Subscription
automatically terminate if you fail to comply with any provision of this
agreement. Upon termination of this license or expiration of the Subscription you
agree to destroy all issues of the Product.
U.S. GOVERNMENT RESTRICTED RIGHTS
The enclosed database(s), software and associated documentation are
provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S.
Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of
the Rights in Technical Data and Computer Software Clause at DFARS 252.227 - 7013,
in paragraphs (c) (1) and (2) of the Commercial Computer Software - Restricted
Rights clause in the FAR (48 CFR 52.227 -19 as applicable. The proprietor of the
enclosed database(s), software and associated documentation is I-MODE Publications,
Inc. 100 Corporate Drive, Yonkers, New York 10701, U.S.A.
LIMITED WARRANTY
Neither I-MODE, Third Party Suppliers nor any distributor involved in the
creation, production or delivery of the Product warrants that the Product will meet
Subscriber's requirements or that it will operate in an error free manner. I-MODE
warrants that the physical disc on which each Issue is recorded will be free from
defects in material and workmanship under normal circumstances for ninety (90) days
from the date of delivery. I-MODE will replace defective media at no charge,
provided you return the Issue to I-MODE within 90 days of delivery to you as
evidenced by a copy of your invoice. If I-MODE is unable to replace defective
media within a reasonable period of time, I-MODE will, at its option, refund the
unused portion of the license fee or extend the Subscription by one issue. THESE
ARE YOUR SOLE REMEDIES FOR ANY BREACH OF WARRANTY.
EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE ISSUE AND
DOCUMENTATION ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY
KIND. I-MODE, THIRD PARTY SUPPLIERS AND DISTRIBUTORS MAKE NO
WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT
TO THE ISSUE, THE SUBSCRIPTION, THE PRODUCT OR THE DOCUMENTATION,
INCLUDING, BUT NOT LIMITED TO, THEIR QUALITY, PERFORMANCE,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ASSUME NO
RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR
OMISSIONS IN ANY DATA OR SOFTWARE CONTAINED IN THE ISSUE OR
DOCUMENTATION. FURTHER, NEITHER I-MODE, THE THIRD PARTY SUPPLIERS
NOR ANY OF THE DISTRIBUTORS WARRANT, GUARANTEES, OR MAKES ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF
THE ISSUE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, CURRENCY, OR OTHERWISE. THE ENTIRE RISK AS TO THE
RESULT AND THE PERFORMANCE OF THE ISSUE AND SOFTWARE IS ASSUMED BY
YOU. THE OPINIONS EXPRESSED BY THE AUTHORS OF THE DATA CONTAINED
IN THE ISSUE ARE THEIR OWN AND NOT NECESSARILY THOSE OF I-MODE
THIRD PARTY SUPPLIERS OR THE DISTRIBUTORS. THE APPEARANCE OR
ABSENCE OF A PRODUCT OR COMPANY PROFILE IN THE ISSUE SHOULD NOT BE
CONSTRUED AS AN ENDORSEMENT OR NON-ENDORSEMENT OF A SPECIFIC
PRODUCT OR COMPANY. IN NO EVENT WILL I-MODE, THIRD PARTY SUPPLIERS
OR ANY OF THE DISTRIBUTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE ISSUE OR DOCUMENTATION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, NEITHER I-MODE, THE
THIRD PARTY SUPPLIERS NOR ANY OF THE DISTRIBUTORS SHALL BE
RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE
INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE
ISSUE, LOSS OF DATA, THE COSTS OF RECOVERING SOFTWARE OR DATA, THE
COST OF SUBSTITUTE SOFTWARE OR DATA, CLAIMS BY THIRD PARTIES, OR
FOR OTHER SIMILAR COSTS. IN NO EVENT SHALL THE LIABILITY OF
I-MODE, THIRD PARTY SUPPLIERS AND DISTRIBUTORS UNDER THIS AGREEMENT
EXCEED THE AMOUNT OF THE LICENSE FEE RECEIVED BY I-MODE FROM YOU
FOR THE PRODUCT. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE
EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR
IMPLIED. NO I-MODE DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY.
Some states prohibit or restrict the exclusion or limitation of implied
warranties or limitation of liability for incidental or consequential damages, in
which event the above limitation or exclusion or part thereof may not apply to
you.
GENERAL
I-MODE and the Third Party Suppliers retain all rights not expressly
granted. Nothing in this agreement constitutes a waiver of the rights of I-MODE
or the Third Party Suppliers under the U.S. Copyright Act or any o