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PC World Komputer 1999 January
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pcwk_01_1999.iso
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Perform
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License.txt
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1998-01-16
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BonAmi Software Corporation License Agreement
Use of the accompanying software is subject to this License Agreement. If
you agree to this License and wish to use the software, please click the
"Accept" button. If you do not agree, please click the "Decline" button and
do not install the software. If you do not install the Software and you
have purchased a license to use the Software, you may return the product to
the place of purchase for a refund.
For purposes of this License Agreement ("Agreement"), the following
additional terms are defined. The term "Licenser" shall refer to BonAmi
Software Corporation ("BonAmi") unless the Software has been acquired
through a third party product or service, in which case "Licenser" shall
refer to such third party. The term "Software" shall refer to the
accompanying proprietary software and documentation materials.
LICENSE AGREEMENT
If no license fee has been paid, Licenser hereby grants you a non-exclusive
30-day license to use its Software, free of charge and subject to the other
provisions contained herein, for the sole purpose of evaluating whether to
purchase an ongoing license to use the Software. At the end of 30 days you
must purchase a license in order to continue using the Software.
If a license fee has been paid, Licenser grants you a non-exclusive license
to use the Software subject to the other provisions contained herein.
SCOPE OF LICENSE
You may use the Software on a single computer. You may copy the Software
onto any machine-readable or printed form for backup purposes only. You may
transfer the software and license to another party if the other party agrees
to accept the terms and conditions of this Agreement. If you transfer the
Software, you must at the same time either transfer to the same party all
copies of the Software, whether in printed or machine-readable form, or
destroy all copies not transferred.
You may not modify, translate, reverse engineering, decompile, disassemble
(except to the extent applicable laws specifically prohibit such
restriction), remove any proprietary notices or labels from the Software, or
operate or use the Software for any competitive analysis of the Software or
to create any software with similar functionality, or to create derivative
works based on the Software. You may not allow others to use or copy the
Software other than as specified above. You may not rent, lease, grant a
security interest in, or otherwise transfer rights to the Software except as
specified above.
LIMITED WARRANTY
If no license fee has been paid, the Software is provided "AS IS" without
warranty of any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose and non-infringement. If
a license fee has been paid, Licenser warrants that for a period of ninety
days from the date of acquisition, the Software, if operated as directed,
will perform substantially in accordance with the accompanying documentation.
Licenser does not warrant that this software will meet your requirements, or
that your use of the Software will be uninterrupted, or that the Software is
error-free or secure.
Licenser disclaims any and all other warranties, either expressed or
implied, including but not limited to any implied warranties of
merchantability and fitness for a particular purpose with respect to the
software and the accompanying written materials. In no event shall Licenser
be liable for any damages, whether incidental or consequential, arising out
of the use of or inability to use this software. Note: Since some
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to
you.
Licenser's entire liability and your exclusive remedy shall be, at
Licenser's option, either refund of the license fee paid or replacement of
the software that does not meet BonAmi's Limited Warranty and that is
returned to Licenser with a copy of your receipt.
TERMINATION
The license will terminate automatically if you fail to comply with this
Agreement. In such event, you must destroy all copies of the Software.
This warranty shall immediately terminate if you modify the Software, if the
media is subjected to accident, abuse, or improper use, or if you breach
this Agreement.
GOVERNING LAWS
This Agreement shall be governed by the laws of the State Of Delaware,
excluding conflict of law provisions. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly
excluded. If any part of this Agreement is found void and unenforceable, it
will not affect the validity of the balance of the Agreement, which shall
remain valid and enforceable according to its terms.
You agree that the Software will not be downloaded, shipped, transferred or
exported into any country or used in any manner prohibited by the United
States Export Administration Act or any other export laws, restrictions or
regulations.
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in Subparagraph (c)(1)(ii) of DFARS 252.227-7013,
or in FAR 52.227-19, as applicable.
TITLE AND COPYRIGHT NOTICE
The Software is protected by copyright laws and international treaties.
BonAmi retains all title and ownership rights in the Software, including any
revisions. Performance '95(TM) and CPU Meter '95(TM) are Copyright (c)
1995-1998 BonAmi Software Corporation. All Rights Reserved. Performance '95
and CPU Meter '95 are trademarks of BonAmi Software Corporation.
Contractor/manufacturer is BonAmi Software Corporation, 60 Thoreau Street,
No. 219, Concord, MA 01742. Contact BonAmi Software Corporation on the
Internet at: http://www.bonamisoftware.com.
BonAmi Software Corporation License Agreement, v1.30, January 1998.
Copyright (c) 1998, BonAmi Software Corporation. All rights reserved.