Developer Source 5/developer source - volume 5.iso/license.txt

Text File | 1997-01-23 | 8.9 KB | 146 lines

               DEVELOPER SOURCE(TM) LICENSE AGREEMENT

 READ THIS AGREEMENT CAREFULLY BEFORE USING THIS CD-ROM PRODUCT. BY
 USING THE CD-ROM YOU ACCEPT THE TERMS AND CONDITIONS OF THIS
 AGREEMENT.  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS
 AGREEMENT, YOU MAY RETURN THIS UNUSED PACKAGE FOR A FULL REFUND OF
 THE UNUSED PORTION OF THE LICENSE FEE.

         The CD-ROM disc within this package represents one issue of a subscription
 (the "Subscription") to DEVELOPER SOURCE(TM) (the "Product").  The data and
 software contained in the issue (collectively, the "Issue") and the Product are
 proprietary products of I-MODE Publications, Inc. ("I-MODE"), except insofar as
 they contain data and software which are proprietary products of third parties
 ("Third Party Suppliers") who have made their data and software available under
 license to I-MODE, all of which proprietary products are protected by the United
 States Copyright Act.  I-MODE and the Third Party Suppliers retain ownership of
 the copyright to their materials and to this copy of the Issue and documentation,
 as their respective interests may appear.  The Product, Issue, documentation and
 enclosed disc(s) are licensed (not sold) to you under the terms and conditions of
 this Agreement.

 You are licensed to:
 - Use the Issue on any computer which you personally own or use within your
   organization, provided that the Issue is not used in any network, file server,
   virtual disk, timesharing, multiple CPU, other multi-user, bulletin board or
   remotely accessible arrangement.  You must execute a Network License Addendum to
   this CD-ROM License Agreement before using the Issue in connection with any
   network, file server, virtual disk, timesharing, multiple CPU, other multi-user,
   bulletin board or remotely accessible arrangement.

 - Extract limited portions of data from the Issue on an occasional ad hoc basis
   and distribute that data within your organization provided, however, that the
   data is distributed with appropriate notices indicating the source of such data
   and prohibiting any further reproduction or distribution of such data.

 You may not:
 - Allow more than one Issue of the Product to be available for use at any one time

 - Reproduce, publish, distribute, sell or otherwise use any material retrieved
   from or software contained in the Issue in any manner whatsoever that may
   infringe any copyright or other proprietary interest of I-MODE, any Third Party
   Supplier or any other party

 - Distribute, rent, sublicense, lease, sell, transfer or assign the Issue, the
   Subscription or the documentation or this Agreement

 - Decompile, disassemble or otherwise reverse engineer the Issue or alter,
   translate, modify or adapt the Issue or any part thereof or create derivative
   works

 - Use the software with any database(s) other than those provided with the Issue

         You agree that a third party supplier of any portion of the Product may
 enforce any right it may have which is violated by your breach of any of these
 restrictions or other provisions of this agreement.
         This license and your right to use the Issue and any other issues of the
 Product, receive subsequent issues of the Product and renew the Subscription
 automatically terminate if you fail to comply with any provision of this
 agreement.  Upon termination of this license or expiration of the Subscription you
 agree to destroy all issues of the Product.

 U.S. GOVERNMENT RESTRICTED RIGHTS
        The enclosed database(s), software and associated documentation are
 provided with RESTRICTED RIGHTS.  Use, duplication or disclosure by the U.S.
 Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of
 the Rights in Technical Data and Computer Software Clause at DFARS 252.227 - 7013,
 in paragraphs (c) (1) and (2) of the Commercial Computer Software - Restricted
 Rights clause in the FAR (48 CFR 52.227 -19 as applicable.  The proprietor of the
 enclosed database(s), software and associated documentation is I-MODE Publications,
 Inc.  100 Corporate Drive, Yonkers, New York 10701, U.S.A.

 LIMITED WARRANTY
        Neither I-MODE, Third Party Suppliers nor any distributor involved in the
 creation, production or delivery of the Product warrants that the Product will meet
 Subscriber's requirements or that it will operate in an error free manner. I-MODE
 warrants that the physical disc on which each Issue is recorded will be free from
 defects in material and workmanship under normal circumstances for ninety (90) days
 from the date of delivery. I-MODE will replace defective media at no charge,
 provided you return the Issue to I-MODE within 90 days of delivery to you as
 evidenced by a copy of your invoice.  If I-MODE is unable to replace defective
 media within a reasonable period of time, I-MODE will, at its option, refund the
 unused portion of the license fee or extend the Subscription by one issue.  THESE
 ARE YOUR SOLE REMEDIES FOR ANY BREACH OF WARRANTY.
         EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE ISSUE AND
 DOCUMENTATION ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY
 KIND.  I-MODE, THIRD PARTY SUPPLIERS AND DISTRIBUTORS MAKE NO
 WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT
 TO THE ISSUE, THE SUBSCRIPTION, THE PRODUCT OR THE DOCUMENTATION,
 INCLUDING, BUT NOT LIMITED TO, THEIR QUALITY, PERFORMANCE,
 MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ASSUME NO
 RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR
 OMISSIONS IN ANY DATA OR SOFTWARE CONTAINED IN THE ISSUE OR
 DOCUMENTATION.  FURTHER, NEITHER I-MODE, THE THIRD PARTY SUPPLIERS
 NOR ANY OF THE DISTRIBUTORS WARRANT, GUARANTEES, OR MAKES ANY
 REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF
 THE ISSUE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY,
 RELIABILITY, CURRENCY, OR OTHERWISE.  THE ENTIRE RISK AS TO THE
 RESULT AND THE PERFORMANCE OF THE ISSUE AND SOFTWARE IS ASSUMED BY
 YOU.  THE OPINIONS EXPRESSED BY THE AUTHORS OF THE DATA CONTAINED
 IN THE ISSUE ARE THEIR OWN AND NOT NECESSARILY THOSE OF I-MODE
 THIRD PARTY SUPPLIERS OR THE DISTRIBUTORS.  THE APPEARANCE OR
 ABSENCE OF A PRODUCT OR COMPANY PROFILE IN THE ISSUE SHOULD NOT BE
 CONSTRUED AS AN ENDORSEMENT OR NON-ENDORSEMENT OF A SPECIFIC
 PRODUCT OR COMPANY.  IN NO EVENT WILL I-MODE, THIRD PARTY SUPPLIERS
 OR ANY OF THE DISTRIBUTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
 INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
 INABILITY TO USE THE ISSUE OR DOCUMENTATION, EVEN IF ADVISED OF THE
 POSSIBILITY OF SUCH DAMAGES.  SPECIFICALLY, NEITHER I-MODE, THE
 THIRD PARTY SUPPLIERS NOR ANY OF THE DISTRIBUTORS SHALL BE
 RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE
 INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE
 ISSUE, LOSS OF DATA, THE COSTS OF RECOVERING SOFTWARE OR DATA, THE
 COST OF SUBSTITUTE SOFTWARE OR DATA, CLAIMS BY THIRD PARTIES, OR
 FOR OTHER SIMILAR COSTS.  IN NO EVENT SHALL THE LIABILITY OF
 I-MODE, THIRD PARTY SUPPLIERS AND DISTRIBUTORS UNDER THIS AGREEMENT
 EXCEED THE AMOUNT OF THE LICENSE FEE RECEIVED BY I-MODE FROM YOU
 FOR THE PRODUCT.  THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE
 EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR
 IMPLIED.  NO I-MODE DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS
 AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY.
         Some states prohibit or restrict the exclusion or limitation of implied
 warranties or limitation of liability for incidental or consequential damages, in
 which event the above limitation or exclusion or part thereof may not apply to
 you.

 GENERAL
         I-MODE and the Third Party Suppliers retain all rights not expressly
 granted.  Nothing in this agreement constitutes a waiver of the rights of I-MODE
 or the Third Party Suppliers under the U.S.  Copyright Act or any other Federal or
 State Law.  You are responsible for installation, management and operation of the
 Product.  This agreement, the Limited Warranty, and the disclaimer of liability
 contained herein shall be governed by the laws of the State of New York.  Should
 you have any questions concerning this Agreement, or to obtain information on
 network/site licenses, write to I-MODE Publications, Inc., 100 Corporate Drive,
 Yonkers, New York 10701, U.S.A. Attention: Customer Support.

 Additional Information
 For questions regarding your subscription, call toll-free (US only) 1-800-370-6717,
 outside the US call: 914-968-7008 or fax: [phone], Attn: Developer Source.

 Copyright ⌐ 1996-1997 I-MODE Publications, Inc. All Rights Reserved
 I-MODE Publications, Inc., 100 Corporate Drive, Yonkers, NY 10701. U.S.A.

 This license agreement is available in a file called LICENSE.TXT in the root
 directory of the Developer Source CD-ROM.