READ THIS AGREEMENT CAREFULLY BEFORE USING THIS CD-ROM PRODUCT. BY USING THE CD-ROM YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY RETURN THIS UNUSED PACKAGE FOR A FULL REFUND OF THE UNUSED PORTION OF THE LICENSE FEE.
The CD-ROM disc within this package represents one issue of a subscription (the "Subscription") to DEVELOPER SOURCE(TM) (the "Product"). The data and software contained in the issue (collectively, the "Issue") and the Product are proprietary products of I-MODE Publications, Inc. ("I-MODE"), except insofar as they contain data and software which are proprietary products of third parties ("Third Party Suppliers") who have made their data and software available under license to I-MODE,
all of which proprietary products are protected by the United States Copyright Act. I-MODE and the Third Party Suppliers retain ownership of the copyright to their materials and to this copy of the Issue and documentation, as their respective interests may appear. The Product, Issue, documentation and enclosed disc(s) are licensed (not sold) to you under the terms and conditions of this Agreement.
You are licensed to: - Use the Issue on any computer which you personally own or use within your organization, provided that the Issue is not used in any network, file server, virtual disk, timesharing, multiple CPU, other multi-user, bulletin board or remotely accessible arrangement. You must execute a Network License Addendum to this CD-ROM License Agreement before using the Issue in connection with any network, file server, virtual disk, timesharing, multiple CPU, other multi-user, bulletin board or remotely accessible arrangement.
- Extract limited portions of data from the Issue on an occasional ad hoc basis and distribute that data within your organization provided, however, that the data is distributed with appropriate notices indicating the source of such data and prohibiting any further reproduction or distribution of such data.
You may not:
- Allow more than one Issue of the Product to be available for use at any one time
- Reproduce, publish, distribute, sell or otherwise use any material retrieved from or software contained in the Issue in any manner whatsoever that may infringe any copyright or other proprietary interest of I-MODE, any Third Party Supplier or any other party
- Distribute, rent, sublicense, lease, sell, transfer or assign the Issue, the Subscription or the documentation or this Agreement
- Decompile, disassemble or otherwise reverse engineer the Issue or alter, translate, modify or adapt the Issue or any part thereof or create derivative works
- Use the software with any database(s) other than those provided with the Issue
You agree that a third party supplier of any portion of the Product may enforce any right it may have which is violated by your breach of any of these restrictions or other provisions of this agreement.
This license and your right to use the Issue and any other issues of the Product, receive subsequent issues of the Product and renew the Subscription automatically terminate if you fail to comply with any provision of this agreement. Upon termination of this license or expiration of the Subscription you agree to destroy all issues of the Product.
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The proprietor of the enclosed database(s), software and associated documentation is I-MODE Publications, Inc. 200 Mamaroneck Avenue, White Plains, NY 10601-5310 U.S.A.
LIMITED WARRANTY Neither I-MODE, Third Party Suppliers nor any distributor involved in the creation, production or delivery of the Product warrants that the Product will meet Subscriber's requirements or that it will operate in an error free manner. I-MODE warrants that the physical disc on which each Issue is recorded will be free from defects in material and workmanship under normal circumstances for ninety (90) days from the date of delivery.
I-MODE will replace defective media at no charge, provided you return the Issue to I-MODE within 90 days of delivery to you as evidenced by a copy of your invoice. If I-MODE is unable to replace defective media within a reasonable period of time, I-MODE will, at its option, refund the unused portion of the license fee or extend the Subscription by one issue. THESE ARE YOUR SOLE REMEDIES FOR ANY BREACH OF WARRANTY.
EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE ISSUE AND DOCUMENTATION ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. I-MODE, THIRD PARTY SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ISSUE, THE SUBSCRIPTION, THE PRODUCT OR THE DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR
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THE OPINIONS EXPRESSED BY THE AUTHORS OF THE DATA CONTAINED IN THE ISSUE ARE THEIR OWN AND NOT NECESSARILY THOSE OF I-MODE THIRD PARTY SUPPLIERS OR THE DISTRIBUTORS. THE APPEARANCE OR ABSENCE OF A PRODUCT OR COMPANY PROFILE IN THE ISSUE SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OR NON-ENDORSEMENT OF A SPECIFIC PRODUCT OR COMPANY.
IN NO EVENT WILL I-MODE, THIRD PARTY SUPPLIERS OR ANY OF THE DISTRIBUTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ISSUE OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, NEITHER I-MODE, THE THIRD PARTY SUPPLIERS NOR ANY OF THE DISTRIBUTORS SHALL BE RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE ISSUE,
LOSS OF DATA, THE COSTS OF RECOVERING SOFTWARE OR DATA, THE COST OF SUBSTITUTE SOFTWARE OR DATA, CLAIMS BY THIRD PARTIES, OR FOR OTHER SIMILAR COSTS.
IN NO EVENT SHALL THE LIABILITY OF I-MODE, THIRD PARTY SUPPLIERS AND DISTRIBUTORS UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE LICENSE FEE RECEIVED BY I-MODE FROM YOU FOR THE PRODUCT. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO I-MODE DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY.
Some states prohibit or restrict the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, in which event the above limitation or exclusion or part thereof may not apply to you.
GENERAL I-MODE and the Third Party Suppliers retain all rights not expressly granted. Nothing in this agreement constitutes a waiver of the rights of I-MODE or the Third Party Suppliers under the U.S. Copyright Act or any other Federal or State Law. You are responsible for installation, management and operation of the Product. This agreement, the Limited Warranty, and the disclaimer of liability contained herein shall be governed by the laws of the State of New York. Should you have any questions concerning this Agreement, or to obtain information on network/site licenses, write to I-MODE Publicatio
