ProPhone: National Telephone Directory 1993/PCD93C2.ISO/license

Text File | 1993-11-30 | 8KB | 156 lines

                           ProPhone
                SINGLE USER LICENSE AGREEMENT

PRO CD, INC., COMPACT DISC LICENSE

Please read this license carefully before using the software
or accessing the data on the discs. By using the software,
you are agreeing to be bound by the terms of this license. If
you do not agree to the terms of this License, promptly
return the software, discs and User Guide to the place where
you obtained it.

1. License. The application, listing information ("Listings")
   , user guide and software ("Software") accompanying this
   License, whether on disc, in read only memory, or on any
   other media ("the Product") are licensed to you by Pro CD,
   Inc. ("Pro CD"). This License allows you ("You") to use the
   Product, Software and the Listings contained on the
   Product on a single computer. This Product contains
   Software from Dataware Technologies, Inc.  ("Dataware"),
   whose warranties and representations contained herein are
   related solely to the Software. This Product contains
   Listings from International Business Lists, Inc. ("IBL"),
   and Pro CD. Pro CD hereby grants to You and You accept, a
   perpetual, non-transferable, non-exclusive License to use
   the Software and Listings subject to the terms set forth
   herein. Title and all ownership in the Software are and
   shall at all times remain with Dataware.  Title and all
   ownership in the Listings are and shall at all times
   remain with IBL and Pro CD.  Pro CD warrants that it
   has the right to grant the sublicenses granted herein.
   You may not sublicense, assign or transfer this License,
   the Software or the Listings.  Any attempt to sublicense,
   assign or transfer any of the rights, duties or
   obligations hereunder will result in termination of this
   License. YOU SHALL NOT DISTRIBUTE, RENT, SUBLICENSE OR
   LEASE THE Software OR THE LISTINGS OR USE THE SOFTWARE OR
   THE LISTINGS IN A TIMESHARING ENVIRONMENT.  You shall not
   modify, alter, adapt or transfer in whole or part, the
   Software OR THE LISTINGS including, but not limited to
   translating, decompiling, disassembling, or CREATING
   DERIVIATIVE WORKS of any Software OR LISTINGS provided by
   Pro CD hereunder. A single backup copy of the Software may
   be made in support of the Software's use. All copies of
   the Software shall contain the following copyright notice:
   "Copyright (c) 1987, 1992, 1993 Dataware Technologies,
   Inc.".

2. Restrictions.  The Product, including the Listings,
   constitutes licensed material, trade secrets, and other
   proprietary material and in order to protect them you may
   not decompile, reverse engineer, dissemble or otherwise
   reduce the data contained on the Product to a human-
   perceivable form, except as permitted by the Software. You
   may not modify, rent, loan, lease, distribute or create
   derivative works based on the Product in whole or in part.
   YOU SPECIFICALLY AGREE NOT TO SELL, LEASE, LOAN or PROVIDE
   THE LISTINGS TO OTHER. FURTHERMORE, YOU AGREE NOT TO
   TRANSFER THE LISTINGS TO ANY OTHER COMPUTER OTHER THAN THE
   COMPUTER YOU USED TO ACCESS THE PRODUCT.

3. Termination This License is effective until terminated.
   You may terminate this License at any time by destroying
   the Product and all copies of the Listings. The License
   will terminate immediately without notice from Pro CD if
   you fail to comply with any provision of this License.
   Upon termination you must destroy the Product, including
   copies of the Listings and all copies in any form thereof
   and provide Pro CD with an affidavit of destruction
   confirming that this has been done.

4. Export Law Assurances. You agree that neither the
   Software, Listings, discs nor any other derivative
   material obtained from the Product will be exported
   outside the United States, except as authorized and
   permitted by the laws and regulations of the United
   States. If the Product has been obtained outside of the
   United States, you agree that you will not re-export the
   Software, Listings, discs or any data received from the
   discs, except as permitted by the laws and regulations of
   the United States and the laws and regulations of the
   jurisdiction in which you obtained the Software and discs.

5. Limited Warranty on Media. Pro CD warrants the compact
   discs on which the Software and Listings are recorded to
   be free from defects in materials and workmanship under
   normal use for a period of ninety (90) days from the date
   of delivery. Pro CD's, IBL's, and Dataware's entire
   liability and your exclusive remedy will be the
   replacement of the compact disc not meeting Pro CD's
   limited warranty and which is returned to Pro CD or an
   authorized Pro CD representative. Pro CD will have no
   responsibility to replace a compact disc damaged by
   accident, abuse or misapplication. Pro CD, IBL, and
   Dataware do not warrant that the Product will meet Your
   requirements or that it will operate in an error free
   manner. Except as provided above, Pro CD, IBL, and
   Dataware make no warranty or representation, either
   express or implied, with respect to the Product, including
   its quality, performance, merchantability or fitness for a
   particular purpose. The warranty set forth above is
   exclusive and in lieu of all others, oral, written,
   express or implied. No Pro CD dealer, distributor, agent or
   employee is authorized to make any modification or
   addition to this warranty. In no event will Pro CD, IBL,
   or Dataware be liable for direct, indirect, special,
   incidental, punitive, exemplary or consequential damages
   arising out of the use or inability to use the Product,
   whether based upon contract, negligence, strict liability
   or otherwise, even if advised of the possibility of such
   damages. Specifically, Pro CD, IBL, and Dataware are
   not responsible for any costs, including but not limited
   to, those incurred as the result of lost profits or
   revenue, loss of use of the computer program, loss of
   data, the cost of recovering such programs or data, the
   cost of any substitute program, claims by third parties,
   or for other similar costs. In no case shall liability
   exceed $10.

6. Controlling Law and Severability. This License shall be
   governed by and construed in accordance with the laws of
   the United States of America and the Commonwealth of
   Massachusetts, as applied to agreements entered into and
   to be performed entirely within Massachusetts between
   Massachusetts residents. If for any reason a court of
   competent jurisdiction finds any provision of this
   License, or portion thereof, to be unenforceable, that
   provision of the License shall be enforced to the maximum
   extent permissible so as to effect the intent of the
   parties, and the remainder of this License shall continue
   in full force and effect.

7. Use of the Product. You agree to use the Product in
   accordance with local, state, and federal laws, which may
   limit Your use of the Product for certain applications
   such as direct marketing and other uses.

8. Complete Agreement. This License constitutes the entire
   agreement between the parties with respect to the use of
   the Software, discs, Listings, and the User Guide, and
   supersedes all prior or contemporaneous understanding or
   agreements, written or oral, regarding such subject
   matter. No amendment to or modification of this License
   will be binding unless in writing and signed by a duly
   authorized representative of Pro CD.



(c) 1992, 1993 Pro CD, Inc. Pro CD, ProCD, ProPhone, The National
Telephone Directory on CD-ROM, The National Business
Directory on CD-ROM, The New Media Telephone Directory, and
the ProPhone logo are trademarks of Pro CD, Inc.  Software
copyright (c) 1987 - 1993 Dataware Technologies, Inc.
Listings copyright (c) 1992, 1993 International Business,
Lists, Inc., and Pro CD, Inc..