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Computer Life: The Best of Everything
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The Best of Everything (Computer Life)(Ziff-David)(1995).ISO
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1995-03-26
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******* PLEASE READ! *******
TERMS AND CONDITIONS
Read this agreement before using this Computer Life
CD-ROM DISK ("CD"). BY USING THE CD YOU AGREE TO BE
BOUND TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The articles and other textual materials from Computer
Life, multimedia software and associated documentation,
utilities and other software associated documentation,
and other materials included on this CD and their
compilation whether on disk, in read only memory on any
other media, (the "collection") are licensed to you
subject to terms and conditions of this agreement by
Ziff-Davis Publishing Company, having a place of business
at One Park Avenue, New York, New York 10016-5802
("Ziff-Davis"). Your rights to use other programs and
materials included on the CD are also governed by separate
agreement distributed with those programs and materials
on the CD (the "Other Agreements"). In the event of any
inconsistencies between this Agreement and any of the Other
Agreements those agreements shall govern. By using this
Collection, in whole or in part, you agree to be bound by
the terms and conditions of this Agreement and the Other
Agreements. 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.
1. Limited License
Ziff-Davis grants you a limited nonexclusive, nontransferable
license to use the Collection on a single dedicated computer.
This Agreement and you right 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, whether or not lawful, that are
in your possession or under your control.
2. Additional Restrictions
A. You shall not (and shall not permit other persons or entities
to) directly or indirectly, by electronic or other means, reproduce
(except for archival purposes as permitted by law), publish,
distribute, network, rent, lease, loan, or otherwise transfer
the Collection or any part thereof or this Agreement. Any attempt
to do so, shall be void and of no effect.
B. You shall not (and shall not permit other persons or entities)
to reverse-engineer, decompile, disassemble (or otherwise reduce
the Collection, or any part thereof, to a human-perceived form),
merge, modify, create derivative works of, or translate the
Collection or any part thereof, or use the Collection for any
commercial purpose. You may not electronically transmit the
Collection from one computer to another or over a network.
C. You shall not (and shall not permit other persons or
entities) to remove or obscure Ziff-Davis's or it's supplier's
copyright, trademark, or other proprietary notices or legends
from any portion of the Collection or any related materials.
D. You agree and certify that the Collection will not be
exported outside the United States except as authorized and as
permitted by the laws and regulations of the United States.
If the Collection has been rightfully obtained outside of the
United States, you agree that you will not re-export the
Collection, 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 Collection.
3. Limited Warranty and Limited Liability
A. THE ONLY WARRANTY MADE BY ZIFF-DAVIS IS THAT THE ORIGINAL
PHYSICAL MEDIA IN WHICH THE COLLECTION IS EMBODIED AND WHICH ARE
DISTRIBUTED BY ZIFF-DAVIS SHALL BE FREE OF DEFECTS IN MATERIALS
AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS AFTER DELIVERY
TO YOU. ZIFF-DAVIS'S AND IT'S SUPPLIERS ENTIRE LIABILITY AND
YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE REPLACEMENT OF
THE ORIGINAL PHYSICAL MEDIA, IF DEFECTIVE, WITHIN A REASONABLE
PERIOD OF TIME.
B. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE COLLECTION IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND ZIFF-DAVIS
AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY
OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE
AND OTHER MATERIAL THAT IS PART OF THE COLLECTION IS ASSUMED
BY YOU, AND ZIFF-DAVIS AND ITS SUPPLIERS ASSUME NO
RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF ERRORS OR
OMISSIONS IN THE COLLECTION AND DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE COLLECTION WILL MEET YOUR REQUIREMENTS,
OR THAT THE OPERATION OF THE COLLECTION WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT THE DEFECTS IN THE COLLECTION WILL
BE CORRECTED. IN NO EVENT, INCLUDING NEGLIGENCE, SHALL
ZIFF-DAVIS OR ITS SUPPLIERS BE LIABLE FOR ANY DEFECT, DIRECT
OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL. DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE COLLECTION,
EVEN IF ZIFF-DAVIS OR ITS SUPPLIERS HAVE BEEN ADVISED OF
THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ZIFF-DAVIS AND
ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES,
OR COSTS ARISING OUT OF, BUT NOT LIMITED TO, LOST PROFITS
OR REVENUE; LOSS OF USE OF THE COLLECTION; LOSS OF DATA OR
EQUIPMENT; COST OF RECOVERING SOFTWARE, DATA OR MATERIALS
IN THE COLLECTION; CLAIMS BY THIRD PARTIES; OR OTHER SIMILAR
COSTS.
C. THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE
AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED,
NO ZIFF-DAVIS AGENT OR EMPLOYEE OR THIRD PARTY IS AUTHORIZED TO
MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY.
D. SOME STATES DO NOT ALLOWS EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU.
E. IN NO EVENT SHALL ZIFF OR ITS SUPPLIERS TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING LICENSE) OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU FOR THE COLLECTION.
4. U.S. Government Restricted Rights
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 Publishing Company.
5. General Provisions
Nothing in this Agreement constitutes a waiver of Ziff-Davis's
or its suppliers's rights under U.S. copyright laws or any other
federal, state, local, or foreign law. You are responsible for
installation, management, and operation of the Collection. This
Agreement shall be construed, interpreted, and governed under
New York Law. 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. This License constitutes the entire
agreement between the parties with respect to the use of the
Collection and supersedes all prior or contemporaneous
understandings 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
representation of ZIFF-DAVIS.
System Requirements:
PC: 486SX at 25MHz or greater, SVGA (640 x 480 with 256 colors),
8MB of RAM, double-speed CD-ROM (300Kbps), mouse, sound card,
Windows 3.1 or later, DOS 5.0 or later.
MAC: Color capable Macintosh computer, System 7.1 or later,
8MB of RAM, double-speed CD-ROM (300Kbps).
For subscription information please call (880) 537-4680.
Copyright (c) 1995 by Ziff-Davis Publishing Company.
All rights reserved. Computer Life is a trademark of
Ziff-Davis Publishing Company.
Director (c) 1994 Macromedia, Inc. Made with Macromedia
is a trademark of Macromedia, Inc.
Quicktime and Quicktime Logo are trademarks of Apple Computer,
Inc., used under license. Macintosh is a registered trademark
of Apple Computer, Inc.
Microsoft is a registered trademark and Windows is a trademark
of Microsoft Corporation. Video for Windows is a trademark of
Microsoft.