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PC World 1999 June
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PCWorld_1999-06_cd.bin
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Komunik
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Postman
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License.tx_
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License.tx
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1997-04-17
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14KB
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229 lines
BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE, YOU ARE CONSENTING TO
BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON. (IF
APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL
REFUND.) IF THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A PRINTED
OR OTHER FORM OF "HARD-COPY" END USER LICENSE AGREEMENT WHOSE TERMS VARY FROM
THIS AGREEMENT, THEN THE HARD-COPY END USER LICENSE AGREEMENT GOVERNS YOUR USE
OF THE SOFTWARE.
BETA ADDENDUM TO THE INTERNET SOFTWARE DESIGN CLIENT SOFTWARE END USER LICENSE
AGREEMENT. REDISTRIBUTION OR RENTAL NOT PERMITTED. YOUR USE OF THE BETA
VERSION OF THE ACCOMPANYING PROPRIETARY SOFTWARE PRODUCT (THE SOFTWARE) IS
GOVERNED BY THE TERMS OF THE ATTACHED INTERNET SOFTWARE DESIGN CLIENT SOFTWARE
END USER LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS BETA ADDENDUM. IN
THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE INTERNET SOFTWARE DESIGN
CLIENT SOFTWARE END USER LICENSE AGREEMENT AND THIS BETA ADDENDUM, THE TERMS OF
THIS BETA ADDENDUM SHALL GOVERN.
TIMEOUT DATE:
LICENSE GRANT. Internet Software Design grants you a non-exclusive license to
use the Software free of charge for evaluation and trial purposes only for a
limited time. THIS SOFTWARE CONTAINS CODE THAT DISABLES MOST OF ITS FEATURES
AFTER THE TIMEOUT DATE IDENTIFIED ABOVE. This License does not entitle you to
hard-copy documentation, support or telephone assistance. While Internet
Software Design intends to distribute a commercial release of the Software,
Internet Software Design reserves the right at any time not to release a
commercial release of the Software or, if released, to alter prices, features,
licensing terms, or other characteristics of the commercial release.
DISCLAIMER OF WARRANTY. (This Disclaimer of Warranty replaces the Limited
Warranty in the Internet Software Design Client Software End User License
Agreement in its entirety.) The Software is provided on an AS IS basis, without
warranty of any kind, including without limitation the warranties that the
Software is merchantable, fit for a particular purpose or non-infringing. The
entire risk as to the quality and performance of the Software is borne by you.
Should the Software prove defective in any respect, you and not Internet
Software Design or its suppliers assume the entire cost of any service and
repair. In addition, the security mechanisms implemented by the Software have
inherent limitations, and you must determine that the Software sufficiently
meets your requirements. This disclaimer of warranty constitutes an essential
part of the agreement. No use of the Software is authorized hereunder except
under this Disclaimer.
TERMINATION. The license granted under this Beta Addendum will terminate thirty
(30) days following Internet Software Design's release of a commercial version
of the Software. The license will terminate automatically if you fail to comply
with the limitations described herein. You must destroy all copies of the
Software upon termination.
INTERNET SOFTWARE DESIGN CLIENT SOFTWARE END USER LICENSE AGREEMENT
REDISTRIBUTION OR RENTAL NOT PERMITTED
If you initially acquired a copy of the Software free of charge and you wish to
purchase a license, contact Internet Software Design on the Internet at
http://www.creativenet.net/postman. As used in this Agreement, Internet Software
Design is a dba for Creative Edge Enterprises, Inc., a Nevada corporation. For
purposes of this Agreement, "Licensor" shall be defined as follows: If you have
acquired a third party product or service and such product or service included
the Software, then such third party shall be the Licensor. Otherwise, Internet
Software Design shall be the Licensor.
TERMS APPLICABLE WHEN LICENSE FEES PAID
LICENSE GRANT. Subject to payment of applicable license fees, Licensor grants
to you a non-exclusive license to use the Software and accompanying
documentation ("Documentation") in the manner described below under "Scope of
Grant."
LIMITED WARRANTY. Licensor warrants that for a period of ninety (90) days from
the date of acquisition, the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation. Licensor
does not warrant, however, that your use of the Software will be uninterrupted
or that the operation of the Software will be error-free or secure. In
addition, the security mechanisms implemented by the Software have inherent
limitations, and you must determine that the Software sufficiently meets your
requirements. Licensor also warrants that the media containing the Software, if
provided by Licensor, is free from defects in material and workmanship and will
so remain for ninety (90) days from the date you acquired the Software.
Licensor's sole liability for any breach of this warranty shall be, in
Licensor's sole discretion: (i) to replace your defective media or Software; or
(ii) to advise you how to achieve substantially the same functionality with the
Software as described in the Documentation through a procedure different from
that set forth in the Documentation; or (iii) if the above remedies are
impracticable, to refund the license fee you paid for the Software. Repaired,
corrected, or replaced Software and Documentation shall be covered by this
limited warranty for the period remaining under the warranty that covered the
original Software, or if longer, for thirty (30) days after the date (a) of
delivery to you of the repaired or replaced Software, or (b) Licensor advised
you how to operate the Software so as to achieve substantially the same
functionality described in the Documentation.
Only if you inform Licensor of your problem with the Software during the
applicable warranty period and provide evidence of the date you purchased a
license to the Software will Licensor be obligated to honor this warranty.
Licensor will use reasonable commercial efforts to repair, replace, advise or,
for individual consumers, refund pursuant to the foregoing warranty within
thirty (30) days of being so notified.
If any modifications are made to the Software by you during the warranty period;
if the media is subjected to accident, abuse, or improper use; or if you violate
the terms of this Agreement, then this warranty shall immediately terminate.
Moreover, this warranty shall not apply if the Software is used on or in
conjunction with hardware or software other than the unmodified version of
hardware and software with which the Software was designed to be used as
described in the Documentation.
THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY LICENSOR OR ITS
SUPPLIERS. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY
RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF
STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED
WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY,
APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR
EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED
TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.
SCOPE OF LICENSE GRANT.
You may:
a. use the Software on any single computer;
b. use the Software on a second computer so long as only one (1)
copy is used at a time;
c. use the Software on a network, provided that a licensed copy
of the Software has been acquired for each person permitted to
access the Software through the network;
d. copy the Software for archival purposes, provided any copy
must contain all of the original Software's proprietary notices; or
e. if you have purchased a Right to Copy license for multiple
copies of the Software, make the number of copies of Software (but
not the Documentation) stated on the packing slip or invoice,
provided any copy must contain all of the original Software's
proprietary notices. The number of copies on the invoice is the
total number of copies that may be made for all platforms.
Additional copies of Documentation may be purchased from Licensor.
You may not:
a. permit other individuals to use the Software except under the
terms listed above;
b. permit concurrent use of the Software;
c. modify, translate, reverse engineer, decompile, disassemble
(except and solely to the extent an applicable statute expressly and
specifically prohibits such restrictions), or create derivative
works based on the Software;
d. copy the Software other than as specified above;
e. rent, lease, grant a security interest in, or otherwise
transfer rights to the Software; or
f. remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the
Software shall remain in Internet Software Design and/or its suppliers. The
Software is protected by copyright and other intellectual property laws and by
international treaties. Title and related rights in the content accessed
through the Software is the property of the applicable content owner and is
protected by applicable law. The license granted under this Agreement gives you
no rights to such content.
TERMINATION. This Agreement and the license granted hereunder will terminate
automatically if you fail to comply with the limitations described herein. Upon
termination, you must destroy all copies of the Software and Documentation.
EXPORT CONTROLS. None of the Software or underlying information or technology
may be downloaded or otherwise exported or reexported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other
country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Denial Orders. By downloading or using the
Software, you are agreeing to the foregoing and you are representing and
warranting that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
In addition, if the licensed Software is identified as a not-for-export product
(for example, on the box, media or in the installation process), then, unless
you have an exemption from the United States Department of State, the following
applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS,
THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE
UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S.
GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A
CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY
DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE
WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A
"FOREIGN PERSON."
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR
ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO
THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM
LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line control equipment in
hazardous environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, in which the failure
of the Software could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities"). Accordingly,
Licensor and its suppliers specifically disclaim any express or implied warranty
of fitness for High Risk Activities.
MISCELLANEOUS. This Agreement represents the complete agreement concerning the
license granted hereunder and may be amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR
PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This Agreement shall be governed by California law, excluding
conflict of law provisions (except to the extent applicable law, if any,
provides otherwise). The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software documentation," as such terms are
used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
acquire the Software with only those rights set forth herein.