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- Hungry Minds, Inc.
- End-User License Agreement
-
- READ THIS. You should carefully read these terms and conditions before opening
- the software packet(s) included with this book "Book". This is a license agreement
- "Agreement" between you and Hungry Minds, Inc."HMI". By opening the accompanying
- software packet(s), you acknowledge that you have read and accept the following
- terms and conditions. If you do not agree and do not want to be bound by such
- terms and conditions, promptly return the Book and the unopened software packet(s)
- to the place you obtained them for a full refund.
-
- 1. License Grant. HMI grants to you (either an individual or entity) a nonexclusive
- license to use one copy of the enclosed software program(s) (collectively, the
- "Software" solely for your own personal or business purposes on a single computer
- (whether a standard computer or a workstation component of a multi-user network).
- The Software is in use on a computer when it is loaded into temporary memory (RAM)
- or installed into permanent memory (hard disk, CD-ROM, or other storage device).
- HMI reserves all rights not expressly granted herein.
-
- 2. Ownership. HMI is the owner of all right, title, and interest, including
- copyright, in and to the compilation of the Software recorded on the disk(s)
- or CD-ROM "Software Media". Copyright to the individual programs recorded on
- the Software Media is owned by the author or other authorized copyright owner
- of each program. Ownership of the Software and all proprietary rights relating
- thereto remain with HMI and its licensers.
-
- 3. Restrictions On Use and Transfer. (a) You may only (i) make one copy of
- the Software for backup or archival purposes, or (ii) transfer the Software
- to a single hard disk, provided that you keep the original for backup or archival
- purposes. You may not (i) rent or lease the Software, (ii) copy or reproduce
- the Software through a LAN or other network system or through any computer subscriber
- system or bulletin- board system, or (iii) modify, adapt, or create derivative
- works based on the Software. (b) You may not reverse engineer, decompile, or
- disassemble the Software. You may transfer the Software and user documentation
- on a permanent basis, provided that the transferee agrees to accept the terms
- and conditions of this Agreement and you retain no copies. If the Software is
- an update or has been updated, any transfer must include the most recent update
- and all prior versions.
-
- 4. Restrictions on Use of Individual Programs. You must follow the individual
- requirements and restrictions detailed for each individual program in the About
- the CD-ROM appendix of this Book. These limitations are also contained in the
- individual license agreements recorded on the Software Media. These limitations
- may include a requirement that after using the program for a specified period
- of time, the user must pay a registration fee or discontinue use. By opening
- the Software packet(s), you will be agreeing to abide by the licenses and restrictions
- for these individual programs that are detailed in the About the CD-ROM appendix
- and on the Software Media. None of the material on this Software Media or listed
- in this Book may ever be redistributed, in original or modified form, for commercial
- purposes.
-
- 5. Limited Warranty. (a) HMI warrants that the Software and Software Media
- are free from defects in materials and workmanship under normal use for a period
- of sixty (60) days from the date of purchase of this Book. If HMI receives notification
- within the warranty period of defects in materials or workmanship, HMI will
- replace the defective Software Media. (b) HMI AND THE AUTHOR OF THE BOOK DISCLAIM
- ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
- TO THE SOFTWARE, THE PROGRAMS, THE SOURCE CODE CONTAINED THEREIN, AND/OR THE
- TECHNIQUES DESCRIBED IN THIS BOOK. HMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
- IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE
- WILL BE ERROR FREE. (c) This limited warranty gives you specific legal rights, and
- you may have other rights that vary from jurisdiction to jurisdiction.
-
- 6. Remedies. (a) HMI's entire liability and your exclusive remedy for
- defects in materials and workmanship shall be limited to replacement of the
- Software Media, which may be returned to HMI with a copy of your receipt at
- the following address: Software Media Fulfillment Department, Attn.: Visual Basic
- .NET: Your visual blueprint for building versatile programs on the .NET framework,
- Hungry Minds, Inc., 10475 Crosspoint Blvd., Indianapolis, IN 46256,
- or call 1-800-762-2974. Please allow four to six weeks for delivery. This Limited
- Warranty is void if failure of the Software Media has resulted from accident,
- abuse, or misapplication. Any replacement Software Media will be warranted for
- the remainder of the original warranty period or thirty (30) days, whichever
- is longer. (b) In no event shall HMI or the author be liable for any damages
- whatsoever (including without limitation damages for loss of business profits,
- business interruption, loss of business information, or any other pecuniary
- loss) arising from the use of or inability to use the Book or the Software,
- even if HMI has been advised of the possibility of such damages. (c) Because
- some jurisdictions do not allow the exclusion or limitation of liability for
- consequential or incidental damages, the above limitation or exclusion may not
- apply to you.
-
- 7. U.S. Government Restricted Rights. Use, duplication, or disclosure of the
- Software for or on behalf of the United States of America, its agencies and/or
- instrumentalities "U.S. Government" is subject to restrictions
- as stated in paragraph (c)(1)(ii) of the Rights in Technical Data and Computer
- Software clause of DFARS 252.227-7013, or subparagraphs (c) (1) and (2) of the
- Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, and
- in similar clauses in the NASA FAR supplement, as applicable.
-
- 8. General. This Agreement constitutes the entire understanding of the parties
- and revokes and supersedes all prior agreements, oral or written, between them
- and may not be modified or amended except in a writing signed by both parties
- hereto that specifically refers to this Agreement. This Agreement shall take
- precedence over any other documents that may be in conflict herewith. If any
- one or more provisions contained in this Agreement are held by any court or
- tribunal to be invalid, illegal, or otherwise unenforceable, each and every
- other provision shall remain in full force and effect.
-