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CNET, INC. END USER LICENSE AGREEMENT
GRANT. CNET, Inc. ("CNET") hereby grants you a nonexclusive, limited, nontransferable license to download and use the accompanying client software product (the "SOFTWARE") for the purpose of listing, categorizing, and assessing the computer software and hardware on your computer, free of charge subject to the following conditions. By installing the SOFTWARE you agree to the terms set forth herein and are deemed to have "signed" this LICENSE for all legal purposes.
You may: (i) copy the SOFTWARE for archival purposes, provided any copy must contain all of the original SOFTWARE's proprietary notices; (ii) install and use the SOFTWARE on any computer owned by you subject to the terms and conditions of this LICENSE; (iii) install and use the SOFTWARE on a network, provided that each person accessing the SOFTWARE through the network agrees to the terms of this LICENSE; and (iv) distribute the SOFTWARE according to the DISTRIBUTION section of this LICENSE.
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Should the SOFTWARE prove defective, you and not CNET assume the entire cost of any service and repair. In addition, software has inherent security limitations, and you must determine that this SOFTWARE as well as any other software which uses data generated by the SOFTWARE sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
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HIGH RISK ACTIVITIES. The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance, such as in nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE should lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, CNET specifically disclaims any express or implied warranty of fitness for High Risk Activities. You agree that CNET will not be liable for any claims or damages arising from the use of the SOFTWARE in such applications or High Risk Activities.
MISCELLANEOUS. This LICENSE represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.CNET may make changes to this LICENSE from time to time by making such changes available on the CNET website at http://www.cnet.com. If any provision of this LICENSE is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This LICENSE shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California. No wavier of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right , or remedy. No waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Licensee may not transfer or assign this license to any third party without the prior written consent of CNET.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer SOFTWARE clause in DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. All United States government users acquire the SOFTWARE with only those rights set forth herein.
