PC BENCH(tm) SOFTWARE LICENSE AGREEMENT READ THIS AGREEMENT carefully before using this software. By using this software you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return this software (or, if downloaded, do not use this software) and any accompanying items (including documentation and container) to the Ziff-Davis Benchmark Operation at the address below. The PC Bench(tm) software and its related documentation (collectively, the "Software") encoded on this physical media (or available through an on-line access service) is copyrighted, and all rights are reserved by Ziff-Davis Publishing Company, a division of Ziff Communications Company ("ZIFF"). Limited License. ZIFF grants you the non-transferable right to use the Software on a single dedicated computer or a file server networked with multiple PCs solely for internal use and evaluation purposes. You may also publish the test results obtained by you from use of the Software, provided with each such result you: A. Identify ZD Labs, the name and version number of the benchmark Software used (i.e., ZD Labs' PC Bench(tm) Ver. 7.01). Press SPACEBAR to start or ESC to stop now B. Identify the exact name, processor speed and type, amount of RAM, amount of secondary RAM cache, if any, hard disk size, type of hard disk controller, and size of hardware hard disk cache, if any, of the PC used for the test (e.g., WXY Corp. Model 466 with 66-MHz Intel 486DX2-66 CPU, 8MB of RAM, 64KB RAM cache, 200MB hard disk, IDE controller, and no hardware disk cache). C. Identify the exact video adapter name, amount and type of RAM on it, video driver name and date, and refresh rate that produced the result (e.g., XYZ Corp. XYZVideo adapter with 2MB VRAM with XYZ.DRV version 1.1 driver dated 11 Feb 1993 and a refresh rate of 72 Hz). D. Identify the operating system version (e.g., MS-DOS 5.0), size and type of software disk cache, if any (e.g., SMARTDRV 2MB cache), video resolution and color depth (e.g., 800 by 600 pixels with 256 colors), and any other special conditions used to achieve the result (e.g., disk compression utility ABC version 1.0 enabled). E. State that all products used in the test were shipping versions available to the general public. F. State that the test was performed without independent verification by ZIFF. G. Follow proper trademark usage and acknowledge ZIFF's trademark rights (e.g., "[ ] achieved a 40 DOSMark(tm) test score. PC Bench(tm) and DOSMark(tm) are trademarks of Ziff Communications Company"). Press SPACEBAR to start or ESC to stop now In addition, you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer a copy of the Software across a network to PCs attached to that network. This license and your right to use the Software automatically terminate if you fail to comply with any provision of this Agreement. Upon such termination, you agree to destroy all copies of the Software in your possession or under your control. Restrictions. I. You may not rent, lease, sell, sublicense, assign or otherwise transfer the Software or this license. II. You may not reverse engineer, decompile, disassemble, merge, modify, include in other software or translate the Software, or use the Software for any commercial purposes, except for the publication of test results, as provided above. III. You may not remove or obscure ZIFF's copyright and trademark notices. Press SPACEBAR to start or ESC to stop now Limited Warranty and Limited Liability. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU, AND ZIFF ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE SOFTWARE. IN NO EVENT SHALL ZIFF BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, ZIFF IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING SOFTWARE, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE OR DATA, CLAIMS BY THIRD PARTIES, OR FOR OTHER SIMILAR COSTS. ZIFF WARRANTS THE ORIGINAL PHYSICAL MEDIA DISTRIBUTED BY ZIFF TO BE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP. ZIFF'S ENTIRE LIABILITY AND THE USER'S EXCLUSIVE REMEDY SHALL BE REPLACEMENT OF THE DEFECTIVE ORIGINAL PHYSICAL MEDIA. THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO ZIFF AGENT OR EMPLOYEE, OR THIRD PARTY, IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY. Press SPACEBAR to start or ESC to stop now 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. U.S. Government Restricted Rights. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (C)(1)(ii) of the Rights in Technical Data and Computer Software Clause at DFARS 48 CFR 252.277-7013 for DoD contracts and 52.227-19(a) -(d) for civilian agency contracts. Contractor/manufacturer is the Ziff-Davis Benchmark Operation, One Copley Parkway, Suite 510, Morrisville, North Carolina 27560. General. ZIFF retains all rights not expressly granted. Nothing in this license constitutes a waiver of ZIFF's rights under the U.S Copyright Act or any other Federal, state or foreign law. You are responsible for installation, management, and operation of the Software. This Agreement, including the limited warranty and limited liability, shall be construed, interpreted and governed under New York law. Press SPACEBAR to start or ESC to stop now