LICENSE AGREEMENT FOR ZD Internet Magazine Ultimate Web Builder DISC

READ THIS AGREEMENT BEFORE USING THIS ZD Internet Magazine DISC ("DISC"). BY USING THE DISC YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, IMMEDIATELY RETURN THE UNUSED DISC TO ZIFF-DAVIS PUBLISHING COMPANY, CIRCULATION DEPARTMENT, ONE PARK AVE., NEW YORK, NY 10016-5802.

This Disc contains programs and associated documentation and other materials and is prepared as a free service to subscribers of ZD Internet Magazine for their own personal use only. Such programs, documentation and other materials and their compilation (collectively, the "Collection") are licensed to you subject to the 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"). In addition to being governed by the terms and conditions of this Agreement, your rights to use the programs and other materials included on the Disc may also be governed by separate agreements distributed with those programs and materials on the Disc (the "Other Agreements"). In the event of any inconsistency between this Agreement and any of the Other Agreements, those Agreements shall govern. By using the Collection, in whole or in part, you agree to be bound by the terms and conditions of this Agreement. 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 (excluding network servers). This Agreement and your rights hereunder shall automatically terminate if you fail to comply with any provision of this Agreement or the Other Agreements. Upon such termination, you agree to destroy the Disc and all copies of the Disc, whether lawful or not, that are in your possession or under your control. Ziff-Davis retains all rights not expressly granted herein.

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, rent, lease, sell, sublicense, assign, 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) use the Collection or any part thereof for any commercial purpose or reverse-engineer, decompile, disassemble, merge, modify, create derivative works of, or translate the Collection.

C. You shall not (and shall not permit other persons or entities to) remove or obscure Ziff-Davis' or its suppliers' 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 reexport 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. Disclaimer of Warranty

A. THE COLLECTION AND THE DISC ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF 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 AND THE DISC IS ASSUMED BY YOU. ZIFF-DAVIS AND ITS SUPPLIERS ASSUME NO RESPONSIBILITY FOR DEFECTS IN THE DISC OR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE COLLECTION. ZIFF-DAVIS AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COLLECTION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE DISC OR THE COLLECTION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE DISC OR THE COLLECTION WILL BE CORRECTED. IN NO EVENT SHALL ZIFF-DAVIS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE COLLECTION OR THE DISC, 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 OR THE DISC; LOSS OF DATA OR EQUIPMENT; COST OF RECOVERING SOFTWARE, DATA, OR MATERIALS IN THE COLLECTION; THE COST OF SUBSTITUTE SOFTWARE, DATA, OR MATERIALS IN THE COLLECTION; CLAIMS BY THIRD PARTIES; OR OTHER SIMILAR COSTS.

B. SOME STATES DO NOT ALLOW 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.

C. IN NO EVENT SHALL ZIFF-DAVIS' 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, One Park Avenue, New York, NY 10016-5802.

5. General Provisions

Nothing in this Agreement constitutes a waiver of Ziff-Davis' or its suppliers' rights under U.S. copyright laws or any other federal, state, local, or foreign law. This agreement constitutes the entire agreement between the parties with respect to the Collection and the Disc and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such matter. You are responsible for installation, management, and operation of the Collection, however, if you have questions or problems regarding the Collection or the Disc, you can write to Ziff-Davis Publishing, Circulation Department, Premium Development, One Park Ave., New York, New York 10016-5802. This Agreement shall be construed, interpreted, and governed under New York law.

Copyright (c) 1997 Ziff-Davis Publishing Company.
All Rights Reserved. Reproduction in whole or in part without permission is prohibited.