24 Hours in Cyberspace/CYBER24.ISO/_src32/license.txt

Text File | 1996-07-17 | 15.1 KB | 289 lines

    END-USER LICENSE AGREEMENT


By Buying the book/CD-ROM bundle and using the
CD-ROM and programs referred to below, you accept the terms
of this agreement. The programs included on the CD-ROM
contained in this package ("CD-ROM") are proprietary
products of Against All Odds and/or third party suppliers
("Suppliers").  The program listings and programs are
hereinafter collectively referred to as the "Programs."
Against All Odds and the Suppliers retain ownership of the
CD-ROM and copyright to the programs, as their respective
interests may appear.  The Programs and the copy of the
CD-ROM provided are licensed (not sold) to you under the
conditions set forth herein.
LICENSE.
You may use the CD-ROM on any compatible single
computer, provided that the CD-ROM is in use on only one
computer at any time.
RESTRICTIONS.
You may not commercially distribute the CD-ROM of the
Programs or otherwise reproduce, publish, or distribute or
otherwise use the CD-ROM or the Programs in any manner that
may infringe any copyright or other proprietary right of
Against All Odds, the Suppliers, or any other party or
assign, sublicense, or otherwise transfer the CD-ROM or this
agreement to any other party unless such party agrees to
accept the terms and conditions of this agreement.  This
license and your right to use the CD-ROM and the Programs
automatically terminates if you fail to comply with any
provision of this agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS.
The CD-ROM and the programs are provided with
RESTRICTED RIGHTS.  Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in
subparagraph (c) (1) (ii) of the Rights in Technical Data
and Computer Software Clause at DFARS (48  CFR
252.277-7013). The Proprietor of the compilation of the
Programs and the CD-ROM is Against All Odds Productions, PO
Box 1189, Sausalito, CA 94966.
LIMITED WARRANTY
Against All Odds warrants the physical CD-ROM to be free of
defects in materials and workmanship under normal use for a
period of 30 days from the purchase date.  If Against All Odds
receives written notification within the warranty period of
defects in materials or workmanship in the physical CD-ROM,
and such notification is determined by Against All Odds to
be correct, Against All Odds, will at its option, replace
the defective CD-ROM or refund a prorata portion of the
purchase price of the book.  THESE ARE YOUR SOLE REMEDIES
FOR ANY BREACH OF WARRANTY.

EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE CD-ROM AND THE
PROGRAMS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND.
NEITHER AGAINST ALL ODDS NOR THE SUPPLIERS MAKE ANY WARRANTY
OF ANY KIND AS TO THE ACCURACY OR COMPLETENESS OF THE CD-ROM
OR THE PROGRAMS OR THE RESULTS TO BE OBTAINED FROM USING THE
CD-ROM OR THE PROGRAMS AND NEITHER AGAINST ALL ODDS NOR THE
SUPPLIERS SHALL BE RESPONSIBLE FOR ANY CLAIMS ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CD-ROM OR THE
PROGRAMS.  THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
OF THE CD-ROM AND THE PROGRAMS IS ASSUMED BY THE USER.
FURTHER, NEITHER AGAINST ALL ODDS NOR THE SUPPLIERS MAKE ANY
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED,
WITH RESPECT TO THE CD-ROM OR THE PROGRAMS, INCLUDING BUT
NOT LIMITED TO, THE QUALITY, PERFORMANCE, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE OF THE CD-ROM OR THE
PROGRAMS.  IN NO EVENT SHALL AGAINST ALL ODDS OR THE
SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE CD-ROM OR THE PROGRAMS OR FOR ANY
LOSS OR DAMAGE OF ANY NATURE CAUSED TO ANY PERSON OR
PROPERTY AS A RESULT OF THE USE OF THE CD-ROM OR THE
PROGRAMS, EVEN IF AGAINST ALL ODDS OR THE SUPPLIERS HAVE
BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.  NEITHER AGAINST ALL ODDS NOR THE SUPPLIERS ARE
RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO,
THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS
OF USE OF THE CD-ROM OR THE PROGRAMS, LOSS OF DATA, THE
COSTS OF RECOVERING SOFTWARE OR DATA, OR THIRD-PARTY CLAIMS.
 IN NO EVENT WILL AGAINST ALL ODDS' OR THE SUPPLIERS'
LIABILITY FOR ANY DAMAGES TO YOU OR ANY OTHER PARTY EVER
EXCEED THE PRICE OF THIS BOOK.  NO SALES PERSON OR OTHER
REPRESENTATIVE OF ANY PARTY INVOLVED IN THE DISTRIBUTION OF
THE CD-ROM IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR
ADDITIONS TO THIS LIMITED WARRANTY. AGAINST ALL ODDS'
LICENSOR(S) MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
REGARDING THE SOFTWARE.  AGAINST ALL ODDS' LICENSOR(S) DOES
NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS
OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR
OTHERWISE.  THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.  THE
EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME
JURISDICTIONS.  THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN
NO EVENT WILL AGAINST ALL ODDS' LICENSORS(S), AND THEIR
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY
AGAINST ALL ODDS' LICENSOR) BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN
IF AGAINST ALL ODDS' LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. Some states do not allow the exclusion
or limitation of implied warranties or limitation of
liability for incidental or consequential damages, so the
above limitation or exclusion may not apply to you.

    GENERAL Against All Odds and the Suppliers retain
all rights not expressly granted.  Nothing in this license
constitutes a waiver of the rights of Against All Odds or
the Suppliers under the U.S. Copyright Act or any other
Federal or State Law, international treaty, or foreign law.
Trademark and Copyright Information

    DIRECTOR® COPYRIGHT © 1996, Macromedia, Inc. Made
with Macromedia is a trademark of Macromedia, Inc.
Quicktime, the Quicktime Logo, System 7,  PowerMacintosh and
Macintosh are trademarks of Apple Computer, Inc. used under
license.  Windows is a registered trademark of Microsoft
Corporation. Adobe,  Adobe Acrobat Pro, Adobe After Effects,
Adobe PageMill, Adobe PageMaker, Adobe Photoshop, Adobe
Dimensions, Adobe Fetch, Adobe Gallery Effects, Adobe
Illustrator, Adobe FrameMaker, Adobe Premiere, Adobe
PhotoDeluxe, Adobe Type On Call, Adobe Persuasion and Adobe
Acrobat Reader are registered trademarks of Adobe Systems
Incorporated. The Quebe is a registered trademark of ad•hoc
Interactive. Kodak,  Kodak APS and Kodak Digital Science are
registered trademarks of Eastman Kodak Company. Netscape
Navigator, Netscape Commerce Server, Netscape News Server,
Netscape Mail Server, Netscape Power Pack, and Netscape
Personal Edition are  registered trademark s of Netscape
Communications Corporation. Nightline is a registered
trademark of ABC News. NEC Versa Notebook Computer is a
registered trademark of NEC USA, Inc.. RealAudio is a
registered trademark of Progressive Networks. America Online
is a service mark of America Online, Inc. Sun is a
trademarks of Sun Microsystems, Inc. Solaris is a registered
trademark of Sun Microsystems, Inc.,  SPARCstation is a
registered trademark of SPARC International, Inc., licensed
exclusively to Sun Microsystems, Inc and is based upon an
architecture developed by Sun Microsystems, Inc. All other
brand and product names are trademarks, registered
trademarks or service marks of their respective holders.
Copyright ©1996. Against All Odds Productions. All Rights
Reserved

    NETSCAPE COMMUNICATIONS


BY USING THE SOFTWARE OR OPENING
THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, DO NOT USE THE SOFTWARE AND RETURN THE SOFTWARE
TO NETSCAPE. TRIAL LICENSE AGREEMENT

    Netscape Navigator Dial-Up Kit

GRANT.  Subject to the provisions contained in this Trial
License Agreement ("Trial Agreement"), Netscape Communications
Corporation ("Netscape") hereby grants you ("Licensee") a non-
exclusivelicense to use Netscape's proprietary Netscape Navigator
Dial-UP Kit ("Software"), solely for evaluation purposes
prior to possible licensing, for a period of ninety (90)
days from Netscape's delivery of such Software.  Such
Software and any accompanying documentation
("Documentation") are protected by the copyright laws of the
United States and international copyright treaties.
SOFTWARE AND DOCUMENTATION.  Netscape shall furnish the Software
to Licensee electronically or on media in machine-readable
object code form.  If Licensee receives its first copy of
the Software electronically, and a second copy on media, the
second copy may be used for backup and archive purposes
only.  This Trial Agreement does not grant Licensee any
right to any enhancement or update to the Software and
Documentation.
RESTRICTED USE.  Licensee shall not copy the
software, except for backup or archival purposes.  Any such
copy made by Licensee shall be subject to this Trial
Agreement and shall contain all of Netscape's and it's
suppliers' notices regarding copyrights, trademarks and
other proprietary rights as contained in the Software
originally provided to Licensee.  Licensee shall not lend,
rent, lease or otherwise transfer the Software. TITLE.
Title, ownership rights, and intellectual property rights in
and to the Software and Documentation shall remain in
Netscape and/or its suppliers.  This Trial Agreement does
not include the right to sublicense the Software and is
personal to Licensee and therefore may not be assigned (by
operation of law or otherwise) or transferred without the
prior written consent of Netscape, and any attempted
assignment shall be null and void.  Licensee acknowledges
that the Software in source code form remains a confidential
trade secret of Netscape and/ or its suppliers and therefore
Licensee agree not to attempt to decipher, decompile,
disassemble or reverse engineer the Software or allow others
to do so.  Licensee further agrees not to modify or create
derivative works of the Software.
CONTENT.  Title, ownership rights, and intellectual property
rights in and to the content accessed through the Software is
the property of the applicable content owner and may be protected
by applicable copyright or other law.  This Trial Agreement gives
Licensee no rights to such content.
WARRANTY DISCLAIMER.  The Software and any related Documentation
are for evaluation purposes only and are provided "AS-IS", without
any warranty of any kind whatsoever.
NETSCAPE EXPRESSLY DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT, AND OF FITNESS FOR A
PARTICULAR PURPOSE. LIMITATION OF LIABILITY.  UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL NETSCAPE OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DAMAGES,
REGARDLESS OF WHETHER THEY ARE DIRECT, 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, EVEN IF NETSCAPE
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 TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION.
EXPORT CONTROLS.  Licensee may not download, use
or otherwise export or reexport the Software or any
underlying information or technology except in full
compliance with all United States and other applicable laws
and regulations.  In particular, but without limitation,
none of the Software or underlying information or technology
may be downloaded, used or otherwise exported or reexported
(i)into (or to a national resident of) Cuba, Haiti, Iraq,
Libya, the former Yugoslavia, North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods; or
(ii) to anyone in the U.S. Treasury's Department's list of
Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders.  By downloading or
using the Software, Licensee is agreeing to the foregoing
and is representing and warranting that Licensee is not
located in, under the control of, or a national or resident
of any such country or on any such list. TERM & TERMINATION.
 This Trial Agreement shall expire ninety (90) days after
Netscape's delivery of the Software.  Either party may
terminate this Trial Agreement immediately in the event of
default by the other party.  Upon any expiration or
termination of this Trial Agreement, Licensee shall
immediately discontinue the use of the Software and shall
within ten (10) days return to Netscape all copies of the
Software and Documentation.  Licensee may also terminate
this Trial Agreement at any time by destroying the Software
and Documentation and all copies thereof.  In the event
Licensee determines to license the Software from Netscape,
the terms of which shall govern Licensee's license of the
Software. MISCELLANEOUS.  This Trial Agreement represents
the complete and exclusive statement of the agreements
concerning this evaluation license and supersedes all prior
agreements and representations between the parties.  It may
be amended only by a writing executed by both parties.  If
any provision of this Trial Agreement is held to be
unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it
enforceable, and such decision shall not affect the
enforceability (i) of such provision under other
circumstances or (ii) of the remaining provisions hereof
under all circumstances.  Headings shall not be considered
in interpreting this Trial Agreement.  This Trial Agreement
shall be governed by and construed under California law as
such law applies to agreements between California residents
entered into and to be performed entirely within California,
except as governed by Federal law.  This Trial Agreement
will not be governed by the United Nations Convention of
Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded. 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 at DFARS
252.227-7013, and in similar clauses in the NASA FAR
Supplement.  Contractor/ manufacturer is Netscape
Communications Corporation, 501 East Middlefield Road,
Mountain View, CA 94043.