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PC Accelerator 13
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PCXL13D1.iso
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PCXL-Disc 1 9-99.exe
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0
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RCDATA
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TLICENSE
/
TLICENSE.txt
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Text File
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1999-03-04
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11KB
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288 lines
object license: Tlicense
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object Memo1: TMemo
Left = 8
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Width = 577
Height = 345
Color = clSilver
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'LIMITED LICENSE AGREEMENT'
''
' ***READ BEFORE USING THIS CD-ROM DISC***'
''
' By using this CD-ROM disc (the "CD"), you agree to be boun' +
'd 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 L' +
'icense Agreement (the "Agreement"), subject to the'
' rights of third parties under applicable intellectual prop' +
'erty law or separate agreements distributed with the CD'
' Contents (the "Third Party Agreements"). If there is a con' +
'flict 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 nam' +
'es appear on the CD. Except as expressly provided'
' below or on the CD itself, you do not have free or unlimit' +
'ed use of the CD Contents.'
''
' In addition to the terms and conditions set forth b' +
'elow, you agree and understand that: '
' You are responsible for the installation, managemen' +
't and operation of the CD. '
' No support is offered for third party programs beyo' +
'nd the information included on the CD or in the'
' accompanying magazine. '
' Although the CD has been certified virus-free at pr' +
'ess 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 an' +
'd conditions of any Third Party Agreements contained on'
' the CD, Imagine hereby grants to you a limited, nonexclusi' +
've, nontransferable license to use the CD Contents on a'
' single dedicated computer for your own purposes and not fo' +
'r resale or transfer to other persons or computers. This'
' Agreement and your rights hereunder shall automatically te' +
'rminate 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 cont' +
'rol shall, directly or indirectly, by electronic or other'
' means, reproduce, publish, distribute, rent, loan, sell, s' +
'ublicense, assign or transfer the CD Contents or any part'
' thereof (except to make archival copies as permitted by ap' +
'plicable law), nor shall you or any person or entity under'
' your control reverse-engineer, decompile, disassemble or o' +
'therwise reduce any part of the CD Contents to'
' human-perceivable form, nor modify, create a derivative wo' +
'rk 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 C' +
'ontents.'
''
' C. You agree and certify that you will not distribute or e' +
'xport 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 w' +
'hich the CD Contents are embodied and distributed by'
' Imagine shall be free of defects in materials and workmans' +
'hip for a period of ninety (90) days after delivery to'
' you. Your exclusive remedy for a breach of this warranty i' +
's 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 C' +
'ontents 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 suppl' +
'iers 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 corr' +
'ected. The entire risk as to performance or results of the'
' CD and the CD Contents is assumed by you, and neither Imag' +
'ine nor its third-party suppliers assume any'
' responsibility for the accuracy of or any errors or omissi' +
'ons in the CD Contents, nor shall Imagine or any'
' third-party supplier be responsible for file corruption, l' +
'oss 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 ari' +
'sing out of the use of, or inability to use, the CD or the CD'
' Contents, even if Imagine or its third-party suppliers hav' +
'e been advised of the likelihood or such damages'
' occurring. Without limitation on the generality of the for' +
'egoing, 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 otherw' +
'ise, exceed the amount paid by you for the CD.'
''
' 5. Nonapplicability.'
''
' Some states do not allow exclusion or limitation of implie' +
'd warranties or limitation of liability for incidental or'
' consequential damages. If you reside in one of these state' +
's, 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-part' +
'y 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 b' +
'e a waiver of any rights of Imagine or third-parties'
' under U.S. copyright, trademark and other intellectual pro' +
'perty laws, or those of any state, locality or foreign'
' country. This agreement shall be construed, interpreted, a' +
'nd 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 Agre' +
'ement shall continue in full force and effect. This'
' Agreement constitutes the entire agreement between the par' +
'ties 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 sha' +
'll be binding unless in writing signed by the party'
' against whom enforcement is sought.'
''
''
''
' ' +
' Copyright (c) 1998 Imagine Media, Inc. '
''
'')
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