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PC Gamer 5.13
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2000-10_Disc_5.13.bin
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startdisc.exe
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0
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RCDATA
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TFORM1
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TFORM1.txt
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Text File
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1999-12-01
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10KB
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225 lines
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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 '
'bound 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 License Agreement (the "Agreement"), subject to '
'the rights of third parties under applicable intellectual '
'property law or separate agreements distributed with the '
'CD Contents (the "Third Party Agreements"). If there is a '
'conflict 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 names '
'appear on the CD. Except as expressly provided below or '
'on the CD itself, you do not have free or unlimited use of '
'the CD Contents.'
' '
'In addition to the terms and conditions set forth below, you '
'agree and understand that: '
''
'You are responsible for the installation, management and '
'operation of the CD. '
'No support is offered for third party programs beyond the '
'information included on the CD or in the accompanying '
'magazine. Although the CD has been certified virus-free at '
'press 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 and '
'conditions of any Third Party Agreements contained on the '
'CD, Imagine hereby grants to you a limited, nonexclusive, '
'nontransferable license to use the CD Contents on a single '
'dedicated computer for your own purposes and not for '
'resale or transfer to other persons or computers. This '
'Agreement and your rights hereunder shall automatically '
'terminate 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 '
'control shall, directly or indirectly, by electronic or other '
'means, reproduce, publish, distribute, rent, loan, sell, '
'sublicense, assign or transfer the CD Contents or any part '
'thereof (except to make archival copies as permitted by '
'applicable law), nor shall you or any person or entity under '
'your control reverse-engineer, decompile, disassemble or '
'otherwise reduce any part of the CD Contents to '
'human-perceivable form, nor modify, create a derivative '
'work 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 Contents.'
' '
'C. You agree and certify that you will not distribute or '
'export 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 '
'which the CD Contents are embodied and distributed by '
'Imagine shall be free of defects in materials and '
'workmanship for a period of ninety (90) days after delivery '
'to you. Your exclusive remedy for a breach of this warranty '
'is 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 Contents 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 suppliers '
'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 corrected. The '
'entire risk as to performance or results of the CD and the '
'CD Contents is assumed by you, and neither Imagine nor '
'its third-party suppliers assume any responsibility for the '
'accuracy of or any errors or omissions in the CD Contents, '
'nor shall Imagine or any third-party supplier be responsible '
'for file corruption, loss 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 arising out of '
'the use of, or inability to use, the CD or the CD Contents, '
'even if Imagine or its third-party suppliers have been '
'advised of the likelihood or such damages occurring. '
'Without limitation on the generality of the foregoing, 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 '
'otherwise, exceed the amount paid by you for the CD.'
' '
'5. Nonapplicability.'
' '
'Some states do not allow exclusion or limitation of implied '
'warranties or limitation of liability for incidental or '
'consequential damages. If you reside in one of these '
'states, 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-party 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 '
'be a waiver of any rights of Imagine or third-parties under '
'U.S. copyright, trademark and other intellectual property '
'laws, or those of any state, locality or foreign country. This '
'agreement shall be construed, interpreted, and 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 Agreement shall continue in full force and '
'effect. This Agreement constitutes the entire agreement '
'between the parties 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 shall be binding unless in writing signed by the '
'party against whom enforcement is sought.'
' '
' '
' '
'Copyright (c) 1998 Imagine Media, Inc. ')
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