XML Bible (2nd Edition)/XML_Bible_Second_Edition_Hungry_Minds_2001.iso/mac/License

Text File | 2001-04-26 | 7KB | 110 lines

Hungry Minds, Inc. End-User License Agreement

READ THIS. You should carefully read these terms and conditions before
opening the software packet(s) included with this book "Book". This is
a license agreement "Agreement" between you and Hungry Minds,
Inc."HMI". By opening the accompanying software packet(s), you
acknowledge that you have read and accept the following terms and
conditions. If you do not agree and do not want to be bound by such
terms and conditions, promptly return the Book and the unopened
software packet(s) to the place you obtained them for a full refund.

1. License Grant. HMI grants to you (either an individual or entity) a
nonexclusive license to use one copy of the enclosed software
program(s) (collectively, the "Software" solely for your own personal
or business purposes on a single computer (whether a standard computer
or a workstation component of a multi-user network). The Software is in
use on a computer when it is loaded into temporary memory (RAM) or
installed into permanent memory (hard disk, CD-ROM, or other storage
device). HMI reserves all rights not expressly granted herein.

2. Ownership. HMI is the owner of all right, title, and interest,
including copyright, in and to the compilation of the Software recorded
on the disk(s) or CD-ROM "Software Media". Copyright to the individual
programs recorded on the Software Media is owned by the author or other
authorized copyright owner of each program. Ownership of the Software
and all proprietary rights relating thereto remain with HMI and its
licensers.

3. Restrictions On Use and Transfer. (a) You may only (i) make one copy
of the Software for backup or archival purposes, or (ii) transfer the
Software to a single hard disk, provided that you keep the original for
backup or archival purposes. You may not (i) rent or lease the
Software, (ii) copy or reproduce the Software through a LAN or other
network system or through any computer subscriber system or bulletin-
board system, or (iii) modify, adapt, or create derivative works based
on the Software. (b) You may not reverse engineer, decompile, or
disassemble the Software. You may transfer the Software and user
documentation on a permanent basis, provided that the transferee agrees
to accept the terms and conditions of this Agreement and you retain no
copies. If the Software is an update or has been updated, any transfer
must include the most recent update and all prior versions.

4. Restrictions on Use of Individual Programs. You must follow the
individual requirements and restrictions detailed for each individual
program in the About the CD-ROM appendix of this Book. These
limitations are also contained in the individual license agreements
recorded on the Software Media. These limitations may include a
requirement that after using the program for a specified period of
time, the user must pay a registration fee or discontinue use. By
opening the Software packet(s), you will be agreeing to abide by the
licenses and restrictions for these individual programs that are
detailed in the About the CD-ROM appendix and on the Software Media.
None of the material on this Software Media or listed in this Book may
ever be redistributed, in original or modified form, for commercial
purposes.

5. Limited Warranty. (a) HMI warrants that the Software and Software
Media are free from defects in materials and workmanship under normal
use for a period of sixty (60) days from the date of purchase of this
Book. If HMI receives notification within the warranty period of
defects in materials or workmanship, HMI will replace the defective
Software Media. (b) HMI AND THE AUTHOR OF THE BOOK DISCLAIM ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE SOFTWARE, THE PROGRAMS, THE SOURCE CODE CONTAINED
THEREIN, AND/OR THE TECHNIQUES DESCRIBED IN THIS BOOK. HMI DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE.
(c) This limited warranty gives you specific legal rights, and you may
have other rights that vary from jurisdiction to jurisdiction.

6. Remedies. (a) HMI's entire liability and your exclusive remedy for
defects in materials and workmanship shall be limited to replacement of
the Software Media, which may be returned to HMI with a copy of your
receipt at the following address: Software Media Fulfillment
Department, Attn.:XML Bible , 2nd Edition, Hungry Minds, Inc., 10475
Crosspoint Blvd., Indianapolis, IN 46256, or call 1-800-762-2974.
Please allow four to six weeks for delivery. This Limited Warranty is
void if failure of the Software Media has resulted from accident,
abuse, or misapplication. Any replacement Software Media will be
warranted for the remainder of the original warranty period or thirty
(30) days, whichever is longer. (b) In no event shall HMI or the author
be liable for any damages whatsoever (including without limitation
damages for loss of business profits, business interruption, loss of
business information, or any other pecuniary loss) arising from the use
of or inability to use the Book or the Software, even if HMI has been
advised of the possibility of such damages. (c) Because some
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation or exclusion
may not apply to you.

7. U.S. Government Restricted Rights. Use, duplication, or disclosure
of the Software for or on behalf of the United States of America, its
agencies and/or instrumentalities "U.S. Government" is subject to
restrictions as stated in paragraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause of DFARS 252.227-7013, or
subparagraphs (c) (1) and (2) of the Commercial Computer Software -
Restricted Rights clause at FAR 52.227-19, and in similar clauses in
the NASA FAR supplement, as applicable.

8. General. This Agreement constitutes the entire understanding of the
parties and revokes and supersedes all prior agreements, oral or
written, between them and may not be modified or amended except in a
writing signed by both parties hereto that specifically refers to this
Agreement. This Agreement shall take precedence over any other
documents that may be in conflict herewith. If any one or more
provisions contained in this Agreement are held by any court or
tribunal to be invalid, illegal, or otherwise unenforceable, each and
every other provision shall remain in full force and effect.