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- PC BENCH(tm) SOFTWARE LICENSE AGREEMENT
-
- READ THIS AGREEMENT carefully before using this software. By using this
- software you agree to be bound by the terms of this Agreement. If you do not
- agree to the terms of this Agreement, promptly return this software (or, if
- downloaded, do not use this software) and any accompanying items (including
- documentation and container) to the Ziff-Davis Benchmark Operation at the
- address below.
-
- The PC Bench(tm) software and its related documentation (collectively, the
- "Software") encoded on this physical media (or available through an on-line
- access service) is copyrighted, and all rights are reserved by Ziff-Davis
- Publishing Company, a division of Ziff Communications Company ("ZIFF").
-
- Limited License.
- ZIFF grants you the non-transferable right to use the Software on a single
- dedicated computer or a file server networked with multiple PCs solely for
- internal use and evaluation purposes. You may also publish the test results
- obtained by you from use of the Software, provided with each such result you:
-
- A. Identify PC Magazine Labs, the name and version number of the
- benchmark Software used (i.e., PC Magazine Labs' PC Bench(tm)
- Ver. 7.01).
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- B. Identify the exact name, processor speed and type, amount of RAM,
- amount of secondary RAM cache, if any, hard disk size, type of hard
- disk controller, and size of hardware hard disk cache, if any, of
- the PC used for the test (e.g., WXY Corp. Model 466 with 66-MHz
- Intel 486DX2-66 CPU, 8MB of RAM, 64KB RAM cache, 200MB hard disk,
- IDE controller, and no hardware disk cache).
- C. Identify the exact video adapter name, amount and type of RAM on
- it, video driver name and date, and refresh rate that produced the
- result (e.g., XYZ Corp. XYZVideo adapter with 2MB VRAM with XYZ.DRV
- version 1.1 driver dated 11 Feb 1993 and a refresh rate of 72 Hz).
- D. Identify the operating system version (e.g., MS-DOS 5.0), size and
- type of software disk cache, if any (e.g., SMARTDRV 2MB cache),
- video resolution and color depth (e.g., 800 by 600 pixels with 256
- colors), and any other special conditions used to achieve the
- result (e.g., disk compression utility ABC version 1.0 enabled).
- E. State that all products used in the test were shipping versions
- available to the general public.
- F. State that the test was performed without independent verification
- by ZIFF.
- G. Follow proper trademark usage and acknowledge ZIFF's trademark
- rights (e.g., "[ ] achieved a 40 DOSMark(tm) test score.
- PC Bench(tm) and DOSMark(tm) are trademarks of Ziff Communications
- Company").
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- In addition, you may either (a) make one copy of the Software solely for
- backup or archival purposes, or (b) transfer a copy of the Software across a
- network to PCs attached to that network. This license and your right to use
- the Software automatically terminate if you fail to comply with any provision
- of this Agreement. Upon such termination, you agree to destroy all copies of
- the Software in your possession or under your control.
-
- Restrictions.
- I. You may not rent, lease, sell, sublicense, assign or otherwise transfer
- the Software or this license.
- II. You may not reverse engineer, decompile, disassemble, merge, modify,
- include in other software or translate the Software, or use the Software
- for any commercial purposes, except for the publication of test results,
- as provided above.
- III. You may not remove or obscure ZIFF's copyright and trademark notices.
-
-
-
-
-
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-
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- Limited Warranty and Limited Liability.
- THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
- OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND
- FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND
- PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU, AND ZIFF ASSUMES NO
- RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN
- THE SOFTWARE. IN NO EVENT SHALL ZIFF BE LIABLE FOR DIRECT, INDIRECT,
- SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
- INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. SPECIFICALLY, ZIFF IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT
- NOT LIMITED TO THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF
- USE OF THE SOFTWARE, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING
- SOFTWARE, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE OR DATA, CLAIMS
- BY THIRD PARTIES, OR FOR OTHER SIMILAR COSTS.
-
- ZIFF WARRANTS THE ORIGINAL PHYSICAL MEDIA DISTRIBUTED BY ZIFF TO BE FREE OF
- DEFECTS IN MATERIALS AND WORKMANSHIP. ZIFF'S ENTIRE LIABILITY AND THE USER'S
- EXCLUSIVE REMEDY SHALL BE REPLACEMENT OF THE DEFECTIVE ORIGINAL PHYSICAL
- MEDIA. THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN
- LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO ZIFF AGENT OR
- EMPLOYEE, OR THIRD PARTY, IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION
- TO THIS WARRANTY.
-
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- 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.
-
- U.S. Government Restricted Rights.
- The Software is 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 for DoD contracts and 52.227-19(a) -(d)
- for civilian agency contracts. Contractor/manufacturer is the Ziff-Davis
- Benchmark Operation, One Copley Parkway, Suite 510, Morrisville, North
- Carolina 27560.
-
- General.
- ZIFF retains all rights not expressly granted. Nothing in this license
- constitutes a waiver of ZIFF's rights under the U.S Copyright Act or any
- other Federal, state or foreign law. You are responsible for installation,
- management, and operation of the Software. This Agreement, including the
- limited warranty and limited liability, shall be construed, interpreted and
- governed under New York law.
-
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