Please read this document carefully before using the contents on this Nautilus compilation disc. By using the contents you agree to be bound by the terms listed below. Should you not agree to these terms, promptly return the compilation disc to Metatec Corporation. This license is effective until terminated. Termination occurs either by your destruction of this compilation or your failure to comply with any provision hereof.
In no event shall Metatec Corporation, its Directors, Officers, or Employees be liable for any damages whatsoever including, without limitation, loss of data or computer programs or the cost of recovering any data or programs, damages for loss of business profits, business interruption, claims or expenses, including without limitation reasonable attorney's fees and court costs, directly or indirectly arising out of or in connection with the processing, use, distribution, contents or exhibition of content delivered on this Nautilus compilation disc, including without limitation any liability for libel, slander, defamation, invasion of privacy, infringement of patent, copyright, trademark, or other proprietary right, or misappropriation of trade secrets, provided that such indemnification shall not apply to any liabilities, losses, damages, claims, costs, or expenses arising directly out of any malicious acts of, or intentional misuse of the content on this Nautilus compilation disc by Metatec Corporation. This applies even if Metatec Corporation has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Metatec/Discovery Systems Warranty
Limited Warranty: Nautilus compilation CD ROM titles are warranted for a period of thirty days from the date of receipt, covering damage that may occur in shipment. If a Nautilus compilation disc has been found to be damaged and inoperable, as a result of shipment, Metatec's entire liability and your exclusive remedy shall be, at Metatec's option, either a) repair or replacement of the disc that does not meet Metatec's Limited Warranty and that is returned to Metatec with a copy of your receipt or b) return of the price paid. This Limited warranty is void of failure if use of the Nautilus compilation disc has resulted from accident, abuse, or misapplication by the user of this compilation disc. Any replacement Nautilus compilation disc will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
Proprietary
Nautilus compilations are owned by Metatec Corporation and protected by United States copyright laws and international treaty provisions. Therefore, you must treat Nautilus compilations like any other copyrighted material (e.g., a book or musical recording).
Except as otherwise expressly permitted in this agreement, customers shall not use, sublicense, rent, sell, convey, transfer, lend, disclose, publish, make available, display, copy, duplicate, alter, modify, adapt, merge, embed, disassemble, decompile, or reverse engineer the Nautilus compilation disc, or its content, unless permitted by an authorized representative of Metatec Corporation.
Metatec retains right, title to and ownership, in all its tangible and intangible manifestations, all existing or new enhancements, developments, concepts, methods, techniques, know-how, processes, adaptations, derivative works, ideas, and expressions of ideas relating to Nautilus and its various compilation discs and the proprietary rights shall remain the exclusive property of Metatec Corporation.
Apple Disclaimer
METATEC/DISCOVERY SYSTEMS LICENSOR, APPLE COMPUTER, INC., MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. METATEC/DISCOVERY SYSTEMS' LICENSOR, APPLE COMPUTER, INC., DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL APPLE COMPUTER, INC., AND ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY APPLE COMPUTER, INC.) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
APPLE COMPUTER, INC.'S LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), WILL BE LIMITED TO $50.
NAUTILUS is a service of Metatec Corporation. Copyright (c) 1990, 1991, 1992.
Macintosh(TM) is a registered trademark of Apple Computer. All other products are copyright of their respective owners.
