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ProPhone 1993 Mid-Year (Business Edition)
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ProPhone 1993 Mid-Year (Business Edition).iso
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1993-07-01
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ProPhone
SINGLE USER LICENSE AGREEMENT
PRO CD, INC., COMPACT DISC LICENSE
Please read this license carefully before using the software
or accessing the data on the discs. By using the software,
you are agreeing to be bound by the terms of this license. If
you do not agree to the terms of this License, promptly
return the software, discs and User Guide to the place where
you obtained it.
1. License. The application, listing information ("Listings")
, user guide and software ("Software") accompanying this
License, whether on disc, in read only memory, or on any
other media ("the Product") are licensed to you by Pro CD,
Inc. ("Pro CD"). This License allows you ("You") to use the
Product, Software and the Listings contained on the
Product on a single computer. This Product contains
Software from Dataware Technologies, Inc. ("Dataware"),
whose warranties and representations contained herein are
related solely to the Software. This Product contains
Listings from International Business Lists, Inc. ("IBL"),
and Pro CD. Pro CD hereby grants to You and You accept, a
perpetual, non-transferable, non-exclusive License to use
the Software and Listings subject to the terms set forth
herein. Title and all ownership in the Software are and
shall at all times remain with Dataware. Title and all
ownership in the Listings are and shall at all times
remain with IBL and Pro CD. Pro CD warrants that it
has the right to grant the sublicenses granted herein.
You may not sublicense, assign or transfer this License,
the Software or the Listings. Any attempt to sublicense,
assign or transfer any of the rights, duties or
obligations hereunder will result in termination of this
License. YOU SHALL NOT DISTRIBUTE, RENT, SUBLICENSE OR
LEASE THE Software OR THE LISTINGS OR USE THE SOFTWARE OR
THE LISTINGS IN A TIMESHARING ENVIRONMENT. You shall not
modify, alter, adapt or transfer in whole or part, the
Software OR THE LISTINGS including, but not limited to
translating, decompiling, disassembling, or CREATING
DERIVIATIVE WORKS of any Software OR LISTINGS provided by
Pro CD hereunder. A single backup copy of the Software may
be made in support of the Software's use. All copies of
the Software shall contain the following copyright notice:
"Copyright (c) 1987, 1992, 1993 Dataware Technologies,
Inc.".
2. Restrictions. The Product, including the Listings,
constitutes licensed material, trade secrets, and other
proprietary material and in order to protect them you may
not decompile, reverse engineer, dissemble or otherwise
reduce the data contained on the Product to a human-
perceivable form, except as permitted by the Software. You
may not modify, rent, loan, lease, distribute or create
derivative works based on the Product in whole or in part.
YOU SPECIFICALLY AGREE NOT TO SELL, LEASE, LOAN or PROVIDE
THE LISTINGS TO OTHER. FURTHERMORE, YOU AGREE NOT TO
TRANSFER THE LISTINGS TO ANY OTHER COMPUTER OTHER THAN THE
COMPUTER YOU USED TO ACCESS THE PRODUCT.
3. Termination This License is effective until terminated.
You may terminate this License at any time by destroying
the Product and all copies of the Listings. The License
will terminate immediately without notice from Pro CD if
you fail to comply with any provision of this License.
Upon termination you must destroy the Product, including
copies of the Listings and all copies in any form thereof
and provide Pro CD with an affidavit of destruction
confirming that this has been done.
4. Export Law Assurances. You agree that neither the
Software, Listings, discs nor any other derivative
material obtained from the Product will be exported
outside the United States, except as authorized and
permitted by the laws and regulations of the United
States. If the Product has been obtained outside of the
United States, you agree that you will not re-export the
Software, Listings, discs or any data received from the
discs, 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 Software and discs.
5. Limited Warranty on Media. Pro CD warrants the compact
discs on which the Software and Listings are recorded to
be free from defects in materials and workmanship under
normal use for a period of ninety (90) days from the date
of delivery. Pro CD's, IBL's, and Dataware's entire
liability and your exclusive remedy will be the
replacement of the compact disc not meeting Pro CD's
limited warranty and which is returned to Pro CD or an
authorized Pro CD representative. Pro CD will have no
responsibility to replace a compact disc damaged by
accident, abuse or misapplication. Pro CD, IBL, and
Dataware do not warrant that the Product will meet Your
requirements or that it will operate in an error free
manner. Except as provided above, Pro CD, IBL, and
Dataware make no warranty or representation, either
express or implied, with respect to the Product, including
its quality, performance, merchantability or fitness for a
particular purpose. The warranty set forth above is
exclusive and in lieu of all others, oral, written,
express or implied. No Pro CD dealer, distributor, agent or
employee is authorized to make any modification or
addition to this warranty. In no event will Pro CD, IBL,
or Dataware be liable for direct, indirect, special,
incidental, punitive, exemplary or consequential damages
arising out of the use or inability to use the Product,
whether based upon contract, negligence, strict liability
or otherwise, even if advised of the possibility of such
damages. Specifically, Pro CD, IBL, and Dataware are
not responsible for any costs, including but not limited
to, those incurred as the result of lost profits or
revenue, loss of use of the computer program, loss of
data, the cost of recovering such programs or data, the
cost of any substitute program, claims by third parties,
or for other similar costs. In no case shall liability
exceed $10.
6. Controlling Law and Severability. This License shall be
governed by and construed in accordance with the laws of
the United States of America and the Commonwealth of
Massachusetts, as applied to agreements entered into and
to be performed entirely within Massachusetts between
Massachusetts residents. If for any reason a court of
competent jurisdiction finds any provision of this
License, or portion thereof, to be unenforceable, that
provision of the License shall be enforced to the maximum
extent permissible so as to effect the intent of the
parties, and the remainder of this License shall continue
in full force and effect.
7. Use of the Product. You agree to use the Product in
accordance with local, state, and federal laws, which may
limit Your use of the Product for certain applications
such as direct marketing and other uses.
8. Complete Agreement. This License constitutes the entire
agreement between the parties with respect to the use of
the Software, discs, Listings, and the User Guide, and
supersedes all prior or contemporaneous understanding or
agreements, written or oral, regarding such subject
matter. No amendment to or modification of this License
will be binding unless in writing and signed by a duly
authorized representative of Pro CD.
(c) 1992, 1993 Pro CD, Inc. Pro CD, ProCD, ProPhone, The National
Telephone Directory on CD-ROM, The National Business
Directory on CD-ROM, The New Media Telephone Directory, and
the ProPhone logo are trademarks of Pro CD, Inc. Software
copyright (c) 1987 - 1993 Dataware Technologies, Inc.
Listings copyright (c) 1992, 1993 International Business,
Lists, Inc., and Pro CD, Inc..