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- 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..