The World of Computer Software/World_Of_Computer_Software-02-386-Vol-2of3.iso/b/bnch7.zip/LICENSE.TXT

Text File | 1992-11-03 | 5KB | 97 lines

                   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.