home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Ultra Utilities
/
Ultra Utilities (NMV)(1993).iso
/
check
/
bench701
/
licscrn.txt
< prev
next >
Wrap
Text File
|
1993-02-08
|
7KB
|
119 lines
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