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.
