PC MAGAZINE LABS LICENSING AGREEMENT Read this agreement carefully before using the software. By using this software you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the software and the accompanying items (including documentation and container) to PC Magazine Labs, 1 Park Avenue, New York, N.Y. 10016. The software encoded on the diskettes or available through an online access service and related documentation represent one copy of PCBench(tm), an automated test tool used in the evaluation and measurement of computer performance ("PCBench(tm)"), a proprietary product of Ziff-Davis Publishing Company, a division of Ziff Communications Company ("Ziff-Davis"), which is protected by the United States Copyright Act and international copyright treaty provisions. Ziff-Davis retains ownership of the copyright to the materials. The software encoded on the enclosed diskettes or available through an online access service and the related documentation are licensed (not sold) to you for use solely under the terms and conditions contained herein. GRANT OF LICENSE. Ziff-Davis grants you the non-transferable right to use PCBench(tm) on a single computer solely for internal use and evaluation purposes. You may not rent, lease, sell, sublicense, assign, or otherwise transfer PCBench(tm) or the accompanying documentation. You may not reverse engineer, decompile, disassemble, or translate PCBench(tm), and all its supporting files or use PCBench(tm) for any commercial purposes. You may not remove or obscure PC Magazine Labs copyright or trademark notices. You may make one copy of PCBench(tm) solely for backup or archival purposes. This license and your right to use PCBench(tm) automatically terminate if you fail to comply with any provision of this license. Upon termination, you agree to destroy all copies of PCBench(tm). CONFIDENTIALITY. Results of use or testing of PCBench(tm) are confidential and proprietary to Ziff-Davis. You agrees not to provide the results of use or testing of PCBench(tm) to any other party without Ziff-Davis' written permission. Unauthorized use of PCBench(tm) may cause irreparable harm to Ziff-Davis. You agree to promptly report any unauthorized use to Ziff-Davis. U.S. GOVERNMENT RESTRICTED RIGHTS. PCBench(tm) is 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 48 CFR 252.227-7013 for DoD contracts and 48 CFR 52.227-19 (a) through (d) for civilian agency contracts. Contractor/ manufacturer of PCBench(tm) is Ziff-Davis, 320B Lakeside Drive, Foster City, California 94404. LIMITED WARRANTY. EXCEPT AS PROVIDED BELOW, PCBench(tm) IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. ZIFF-DAVIS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO PCBench(tm), INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN PCBench(tm). THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF PCBench(tm) IS ASSUMED BY YOU. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO ZIFF-DAVIS DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY. ZIFF-DAVIS WARRANTS THE ORIGINAL PCBench(tm) PHYSICAL DISKETTE AND PHYSICAL DOCUMENTATION TO BE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP. IF ZIFF-DAVIS RECEIVES NOTIFICATION OF DEFECTS IN MATERIALS OR WORKMANSHIP, AND SUCH NOTIFICATION IS DETERMINED BY ZIFF-DAVIS TO BE CORRECT, ZIFF-DAVIS WILL REPLACE THE DEFECTIVE DISKETTE OR DOCUMENTATION. THE ENTIRE AND EXCLUSIVE LIABILITY AND REMEDY FOR BREACH OF THE LIMITED WARRANTY SHALL BE LIMITED TO REPLACEMENT OF DEFECTIVE DISKETTE(S) OR DOCUMENTATION. IN NO EVENT WILL ZIFF-DAVIS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE PCBench(tm), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, ZIFF-DAVIS IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF PCBench(tm), LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING SOFTWARE OR DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE OR DATA, CLAIMS BY THIRD PARTIES, OR FOR OTHER SIMILAR COSTS. IN NO CASE SHALL THE LIABILITY OF ZIFF-DAVIS EXCEED THE AMOUNT OF THE LICENSE FEE PAID FOR PCBench(tm). GENERAL. Some states do not allow exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages; so the above limitations or exclusions may not apply to you. Ziff-Davis retains all rights not expressly granted. Nothing in this license constitutes a waiver of the rights of Ziff-Davis under the U.S. Copyright Act or any other Federal or state law. You are responsible for installation, management, and operation of PCBench(tm). This Agreement and the limited warranty and limited liability contained herein shall be governed by the laws of the State of New York.