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' ' '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'#39'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.' ' ' ' ' ' ' 'Copyright (c) 1998 Imagine Media, Inc. 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