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- LICENSE AGREEMENT FOR PC MAGAZINE UTILITIES
-
- READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE EMBODIED IN THE
- DISC OR CD-ROM DISTRIBUTED WITH THIS LICENSE AGREEMENT OR, IF
- DOWNLOADED OR IF PROVIDED AS PART OF A COLLECTION, THE DOWNLOADED OR
- COLLECTED FILE(S) (the "Media"). Embodied in the Media is a PC Magazine
- Utility computer program, its source code, and related documentation
- (the "Software"). Ziff Davis Media Inc. ("Ziff-Davis") is the licensor
- under this Agreement and you are the licensee. By using the Software, in
- whole or in part, you agree to be bound by the terms of this Agreement.
- If you do not agree to the terms of this Agreement, promptly return the
- Software to the fulfillment house from whom you received the disc or
- CD-ROM (or, if downloaded, delete the Software, or if provided as part
- of a collection, cease use of the Software). Title to the Software and
- all copyrights and other proprietary rights therein are owned by Ziff-
- Davis. All rights therein, except those expressly granted to you in
- this Agreement, are reserved by Ziff-Davis.
-
- 1. Limited License
- Ziff-Davis grants you a non-exclusive, non-transferable license to
- install and use the Software in a single location on a hard disk or
- other storage device, and to make a single archival copy of the Software.
-
- Ziff-Davis grants you a non-exclusive, non-transferable license to use
- the source code distributed with PC Magazine utilities for educational,
- non-commercial purposes only. Under no circumstances may you distribute
- any unaltered or altered version of the Software through any means,
- including, without limitation, personal bulletin boards, ftp sites,
- CompuServe, the Web, floppy disk or other storage device, or under any
- name, including without limitation, your name, Ziff-Davis' name or any
- third party's name, nor may you distribute or market programs that
- contain altered or unaltered portions of the Software's source code. In
- no event shall Ziff-Davis' distribution of the source code with the
- Software imply or result in a diminishment or impairment of Ziff-Davis'
- rights in the Software or the source code of the Software, including,
- without limitation, Ziff-Davis' copyright in the Software or the source
- code of the Software.
-
- This Agreement and your rights hereunder shall automatically terminate
- if you fail to comply with any provision of this Agreement. Upon such
- termination, you shall cease all use of the Software. Further you shall
- delete the Software and destroy any archival copies of the Software and
- other materials related to the Software in your possession or under
- your control, or, if downloaded or if provided as part of a collection,
- you shall cease use of and destroy any and all copies of the Software
- in your possession or under your control.
-
- 2. Additional Restrictions
- A. You shall not copy the Software or any component thereof, except
- for a single archival copy pursuant to paragraph 1 above. You shall
- not rent, lease, sell or sublicense the Software. Any attempt to do so
- shall be void and of no effect. To obtain additional copies of the
- Software, refer to the PC Magazine Web site located at
- http://www.pcmag.com or PC Magazine's Utilities column.
-
- B. You shall not (and shall not permit other persons or entities to)
- merge, modify, include in other software or translate the Software or
- any component thereof.
-
- C. You shall not (and shall not permit other persons or entities to)
- remove or obscure Ziff-Davis' copyright, trademark or other proprietary
- notices or legends from any of the materials contained in this package
- or downloaded.
-
- 3. Disclaimer of Warranty
- THE SOFTWARE AND THE MEDIA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
- KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
- WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO
- EVENT SHALL ZIFF-DAVIS OR ITS AUTHORIZED DISTRIBUTORS BE LIABLE FOR ANY
- DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
- USE OR INABILITY TO USE THE SOFTWARE OR THE MEDIA, EVEN IF ZIFF-DAVIS
- OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE LIKELIHOOD OF
- SUCH DAMAGES OCCURRING. ZIFF-DAVIS AND ITS AUTHORIZED DISTRIBUTORS
- SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS, ARISING OUT OF, BUT
- NOT LIMITED TO, LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE OR
- THE MEDIA, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING SOFTWARE,
- THE MEDIA, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE OR THE
- MEDIA, DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR
- COSTS.
-
- SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES
- OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
- THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
-
- 4. U.S. Government Restricted Rights
- The Software is licensed subject to RESTRICTED RIGHTS. Use, duplication
- or disclosure by the Government or any person or entity acting on its
- behalf is subject to restrictions as set forth in subdivision
- (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause
- at DFARS (48 CFR 252.227-7013) for DoD contracts, in paragraphs (c)(1)
- and (2) of the Commercial Computer Software-Restricted Rights clause in
- the FAR (48 CFR 52.227-19) for civilian agencies, or in the case of
- NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR, or
- in other comparable agency clauses.
-
- 5. General Provisions
- Nothing in this Agreement constitutes a waiver of Ziff-Davis' rights
- under U.S. copyright laws or any other Federal, state, local or foreign
- law. You are responsible for installation, management, and operation of
- the Software. This Agreement shall be construed, interpreted and
- governed under New York law. If any provision of this Agreement shall
- be held by a court of competent jurisdiction to be illegal, invalid or
- unenforceable, the remaining provisions shall remain in full force and
- effect. You agree that the Software will not be 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.
-
-