READ THIS AGREEMENT BEFORE USING THIS PC MAGAZINE CD-ROM DISK ("CD"). BY USING THE CD YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, IMMEDIATELY RETURN THE UNUSED CD FOR A FULL REFUND OF MONIES PAID, IF ANY.
The articles and other textual materials from PC Magazine, benchmark test programs and associated documentation, utilities and other software and associated documentation, and other materials included on this CD and their compilation (collectively, the "Collection") are licensed to you subject to the terms and conditions of this Agreement by Ziff-Davis Inc., having a place of business at One Park Avenue, New York, NY 10016-5802 ("Ziff-Davis"). In addition to being governed by the terms and conditions of this Agreement, your rights to use the benchmark test programs and associated documentation are governed by the agreements for each such benchmark test program that are set forth in and that shall be displayed by the operation of the benchmark test programs (the "Benchmark Agreements"). Your rights to use other programs and materials included on the CD are also governed by any separate agreements distributed with those programs and materials on the CD (the "Other Agreements"). In the event of any inconsistency between this Agreement and any of the Benchmark Agreements or the Other Agreements, this Agreement shall govern. By using the Collection, in whole or in part, you agree to be bound by the terms and conditions of this Agreement. Ziff-Davis owns the title to the Collection and to all intellectual property rights therein, except insofar as it contains materials that are proprietary to third-party suppliers. All rights in the Collection except those expressly granted to you in this Agreement are reserved to Ziff-Davis and such suppliers as their respective interests may appear.
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Ziff-Davis grants you a limited, nonexclusive, nontransferable license to use the Collection on a single dedicated computer (excluding network servers). This Agreement and your rights hereunder shall automatically terminate if you fail to comply with any provision of this Agreement or any of the Benchmark Agreements or other Agreements. Upon such termination, you agree to destroy the CD and all copies of the CD, whether lawful or not, that are in your possession or under your control.
2. ADDITIONAL RESTRICTIONS.
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The Collection is licensed subject to RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government or any person or entity acting on its behalf is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause at DFARS (48 CFR 252.227-7013) for DoD contracts, in paragraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause in the FAR (48 CFR 52.227-19) for civilian agencies, or, in the case of NASA, in clause 18-52.227-86(d) of the NASA Supplement to the FAR, or in other comparable agency clauses. The contractor/manufacturer is Ziff-Davis Inc., One Park Avenue, New York, NY 10016-5802.
5. GENERAL PROVISIONS.
Nothing in this Agreement constitutes a waiver of Ziff-Davis's or its suppliers' rights under U.S. copyright laws or any other federal, state, local, or foreign law. This agreement constitutes the entire agreement between the parties with respect to the Collection and the CD and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such matter. You are responsible for installation, management, and operation of the Collection; however, if you have questions or problems regarding the CD or the Collection, you can call 800-920-0030 (from the U.S. only) or 716-871-4322. This Agreement shall be construed, interpreted, and governed under New York law, applicable to agreements made and to be performed in such state.
