NEXT Generation 29/NEXT29.iso/pc/legalese

Text File | 1997-03-03 | 11KB | 177 lines

IMPORTANT: This document includes a formal license Agreement setting out the terms
under which you may use this CD-ROM ("CD"). Using this CD implies acceptance of
those terms.

This CD is compiled by Imagine Publishing, Inc. from a multitude of independent sources
and we believe it will offer great value, benefit and pleasure to most users.

The entire contents of this CD are offered on an "as is" basis. Because of the wide range of
computer systems that exist, we can make no claim that all programs will work reliably on
all systems. The terms on which individual programs are offered for use may vary, and
you should examine the readme files that accompany many of the programs. Many of the
invididual program providers may offer technical support for their programs (this CD
includes contact information wherever possible) but Imagine Publishing does not offer
support for third party programs, beyond the information included on the CD and in the
magazine.

This CD has been certified virus-free at press time by our quality control programs.
However, it is not possible to eliminate the possibility of virus-checking software being
bypassed by new types of virus.  Nor, given the complexity and wide range of different
computer systems and different types of computer program, is it possible to guarantee that
any combination of programs run on any systems will never result in problems occurring
which could affect system functionality.

It is the user's responsibility to take sensible precautions and to regularly create backups for
any valuable data or applications.  Imagine Publishing cannot accept responsibility for any
claims of file corruption, loss of data, loss of system functionality, or any other problems
whatsoever relating to use of any program on this CD.

The software included on this CD is subject to various intellectual property rights. It is
available for your personal use, but you do not have the right to copy and redistribute any
of the software unless the "readme" file accompanying a piece of software  explicitly grants
those rights.  Read the Terms and Conditions below for more details.

Any Shareware programs on this CD are subject to the normal rules governing distribution
of Shareware. If, after evaluation of the software, you decide you want to continue to use
it, you should send a fee to the author, as requested on the individual program.

Here follows the formal license agreement.


FORMAL TERMS AND CONDITIONS FOR USE OF THIS CD-ROM

READ THIS AGREEMENT BEFORE USING THIS CD-ROM DISC ("CD").  BY
USING THE CD YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS AGREEMENT.  The articles and other textual materials, multimedia software
and associated documentation and other software and associated documentation, and other
materials included on this CD and their compilation, whether on disc, in read only memory
or any other media  (the "Collection") are licensed to you subject to the terms and
conditions of this agreement by Imagine Publishing Inc, located at 150 North Hill Drive,
Brisbane, CA 94005 ("Imagine Publishing"). Your rights to use other programs and
materials included on the CD are also governed by any separate agreements 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.  Imagine
Publishing 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 Imagine Publishing and such suppliers, as their respective interests may appear.

1.  Limited License

Imagine Publishing grants you a limited nonexclusive, nontransferable license to use the
Collection on a single dedicated computer. This Agreement and your rights 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, 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 reverse-engineer,
decompile, disassemble (or otherwise reduce the Collection, or any part thereof, to a
human-perceivable form), merge, modify, create derivative works of, or translate the
Collection or any part thereof, or use the Collection or any part thereof 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
Imagine Publishing'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 IMAGINE PUBLISHING IS THAT THE
ORIGINAL PHYSICAL MEDIA IN WHICH THE COLLECTION IS EMBODIED AND
WHICH ARE DISTRIBUTED BY IMAGINE PUBLISHING SHALL BE FREE OF
DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF NINETY (90)
DAYS AFTER DELIVERY TO YOU.  IMAGINE PUBLISHING' AND ITS
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, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
IMAGINE PUBLISHING AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL
WARRANTIES; 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 IMAGINE PUBLISHING AND ITS
SUPPLIERS ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR
APPLICATION OF OR 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 DEFECTS
IN THE COLLECTION WILL BE CORRECTED.  IN NO EVENT, INCLUDING
NEGLIGENCE, SHALL IMAGINE PUBLISHING OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
COLLECTION, EVEN IF IMAGINE PUBLISHING OR ITS SUPPLIERS HAVE BEEN
ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.  IMAGINE
PUBLISHING 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; THE COST OF SUBSTITUTE 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 IMAGINE PUBLISHING AGENT OR EMPLOYEE OR THIRD PARTY IS
AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS
WARRANTY.

D.  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.

E.   IN NO EVENT SHALL IMAGINE PUBLISHING' OR ITS SUPPLIERS' TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) 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 Imagine Publishing.


5.  General Provisions

Nothing in this Agreement constitutes a waiver of Imagine Publishing's or its suppliers'
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 Agreement, or portion thereof, to
be unenforceable, that provision of the Agreement shall be enforced to the maximum extent
permissible so as to effect the intent of the parties and the remainder of this Agreement shall
continue in full force and effect.  This Agreement 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 Agreement will be binding unless in
writing and signed by a duly authorized representation of Imagine Publishing.