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Phone Disc Business 1995 September
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Digital Directory Assistance - PhoneDisc Business (September 1995)(Database America).ISO
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1995-09-10
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PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS PRODUCT. BY USING
THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE WITH THEM, PROMPTLY RETURN THE UNUSED PRODUCT TO THE
PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.
1. Use Restrictions: DDA grants to you, the End-User a non-exclusive,
non-transferable license to use this product and the information is contains
(the "Databases") subject to the following restrictions: a) it may be used
only by the purchasing End-user and may not be made available for any other
use by loan, rental, service bureau, or other arrangement; b) it may be
used for personal useonly, in conjunction with a single microcomputer
permitting access by one individual user at one time and may not be made
available to multiple users at one time through networking or any other
means (without obtaining a separate network license from DDA), and
c) it may not be used in updating any existing commercial database. Any
attempt to sublicense, assign or transfer any of the rights or obligations
hereunder will result in the termination of this license.
2. Proprietary Rights: The Databases are proprietary to DDA, or its
suppliers, and will remain the exclusive property of DDA, or its suppliers,
and the End-user obtains no rights therein except as set forth in this
License. The Databases and the information contained therein may not be
sold, duplicated, transferred or in any other manner commercially exploited.
End-user agrees to take reasonable measures to ensure that such
unauthorized use is not made.
This product contains search and retrieval software ("Software") that DDA
is hereby licensing to End-user on a non-exclusive basis for the limited
purpose of manipulating the data contained on the product. End-user
acknowledges that such Software comprises valuable proprietary and
confidential information of DDA which is legally protected under trade
secret and copyright laws. End-user is not authorized to reverse compile
or reverse assemble the Software or otherwise attempt to reveal the
proprietary programming techniques and structures used in the Software.
The end-user is not authorized to duplicate, transfer, sell, or in any
other manner, commercially exploit the Software.
3. Limited Warranty on Media, DDA warrants the compact disc on which the
Databases and the Software are recorded to be free from defects in
materials and workmanship under normal use for a period of one year from
the date of delivery. DDA's entire liability and the End-User's exclusive
remedy will be replacement of the compact disc not meeting DDA's limited
warranty. DDA will have no responsibility to replace compact discs damaged
through accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE
COMPACT DISC INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY ARE LIMITED IN
DURATION TO 90 DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES THE
END-USER SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE.
4. Disclaimer of Warranty on Databases and Software. THE DATABASES, AND
SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE
OR WARRANTY OF MERCHANTABILITY. NEITHER DDA NOR ITS SUPPLIERS WARRANTS,
GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THIS PRODUCT IN TERMS OF THE ACCURACY, RELIABILITY, CURRENTNESS,
OR OTHERWISE OF THEIR CONTENTS. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE THIS PRODUCT IS ASSUMED BY THE END-USER. SOME STATES
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
5. Limitations of Liability. In no event shall DDA's total liability to
the End-User for all damages, losses and causes of action (whether in
contract, tort (including negligence and strict liablity) or otherwise)
excede the license fee for the product. NEITHER DDA NOR ANYONE ELSE WHO
HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF DDA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
6. Complete Agreement. This license constitutes the entire agreement
between the End-User and DDA which supercedes any proposal or prior
agreement, oral or written, and no other communications between the
End-User and DDA relating to the subject matter of this License. No
dealer, distributor, agent or employee is authorized to make any
modifications or additions to this license. Any question concerning the
validity, construction, or performance of this Agreement shall be governed
by the laws of the State of Maryland.