pcglicense.txt

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LIMITED LICENSE AGREEMENT
  
***READ BEFORE USING THIS CD-ROM DISC***
  
By using this CD-ROM disc (the "CD"), you agree to be 
bound by the terms and conditions set forth below.
  
The software, documentation and other materials 
contained on the CD (the "CD Contents") are being 
licensed to you pursuant to the terms and conditions of this 
Limited License Agreement (the "Agreement"), subject to 
the rights of third parties under applicable intellectual 
property law or separate agreements distributed with the 
CD Contents (the "Third Party Agreements"). If there is a 
conflict between this Agreement and any Third Party 
Agreement, the Third Party Agreement shall prevail. The 
CD Contents are owned either by Imagine Publishing, Inc. 
("Imagine") or by the third-party suppliers whose names 
appear on the CD. Except as expressly provided below or 
on the CD itself, you do not have free or unlimited use of 
the CD Contents.
  
In addition to the terms and conditions set forth below, you 
agree and understand that: 

You are responsible for the installation, management and 
operation of the CD. 
No support is offered for third party programs beyond the 
information included on the CD or in the accompanying 
magazine.  Although the CD has been certified virus-free at 
press time by Imagine's quality control staff, it is not 
possible to ensure that our virus-checking software has not 
been bypassed by some new type of virus. If a program is 
marked as "Shareware" it is subject to the usual rules 
governing distribution of Shareware, namely, that you are 
required to send a license fee to the author, as requested 
on the individual program, if you wish to use the program 
after evaluating it. 
  
Other Express Terms and Conditions
  
1. Limited License.
  
Subject to the rights of third parties and to the terms and 
conditions of any Third Party Agreements contained on the 
CD, Imagine hereby grants to you a limited, nonexclusive, 
nontransferable license to use the CD Contents on a single 
dedicated computer for your own purposes and not for 
resale or transfer to other persons or computers. This 
Agreement and your rights hereunder shall automatically 
terminate if you fail to comply with any provision of this 
Agreement. Upon such termination, you agree to destroy 
the CD and all copies of the CD or the CD Contents in your 
possession or under your control.
  
2. Additional Restrictions.
  
A. Neither you or nor any person or entity under your 
control shall, directly or indirectly, by electronic or other 
means, reproduce, publish, distribute, rent, loan, sell, 
sublicense, assign or transfer the CD Contents or any part 
thereof (except to make archival copies as permitted by 
applicable law), nor shall you or any person or entity under 
your control reverse-engineer, decompile, disassemble or 
otherwise reduce any part of the CD Contents to 
human-perceivable form, nor modify, create a derivative 
work from, translate or transmit the CD Contents from one 
computer to another or over a network.
  
B. Neither you nor any person or entity under your control 
shall remove or obscure any trademark, copyright notice or 
other proprietary notice or legend from the CD Contents.
  
C. You agree and certify that you will not distribute or 
export the CD Collection outside the United States except 
as authorized and permitted by law or regulation.
  
3. Limited Warranty.
  
A. Imagine warrants that the original physical medium in 
which the CD Contents are embodied and distributed by 
Imagine shall be free of defects in materials and 
workmanship for a period of ninety (90) days after delivery 
to you. Your exclusive remedy for a breach of this warranty 
is limited to replacement by Imagine of the original physical 
medium, if defective, within a reasonable period of time.
  
B. Except as expressly provided above, the CD and the 
CD Contents are provided "as is" and without warranty of 
any kind, express or implied, including without limitation, 
any warranty of merchantabililty or fitness for a particular 
purpose. Both Imagine and the third-party suppliers 
expressly disclaim all warranties and do not represent that 
the CD Contents will meet your requirements or that the 
operation of the CD will be uninterrupted or error-free or 
that defects in the CD Contents will be corrected. The 
entire risk as to performance or results of the CD and the 
CD Contents is assumed by you, and neither Imagine nor 
its third-party suppliers assume any responsibility for the 
accuracy of or any errors or omissions in the CD Contents, 
nor shall Imagine or any third-party supplier be responsible 
for file corruption, loss of data, loss of system functionality 
or other problems arising from the use of the CD.
  
4. Limited Liability.
  
A. In no event, including negligence, shall Imagine or any 
of its third-party suppliers be liable for any direct, indirect, 
special, incidental or consequential damages arising out of 
the use of, or inability to use, the CD or the CD Contents, 
even if Imagine or its third-party suppliers have been 
advised of the likelihood or such damages occurring. 
Without limitation on the generality of the foregoing, neither 
Imagine nor its third-party supplier shall be liable for any 
loss, damages, or costs arising out of lost profits or lost 
revenue; loss of use of the CD Contents; loss of data or 
equipment; cost of recovering software, data or the CD 
Contents; the cost of substitute software, data or 
equipment; or third-party claims relating thereto.
  
B. In no event shall the liability of Imagine or its third-party 
suppliers for all damages, losses and causes of action, 
whether in contract, tort (including negligence) or 
otherwise, exceed the amount paid by you for the CD.
  
5. Nonapplicability.
  
Some states do not allow exclusion or limitation of implied 
warranties or limitation of liability for incidental or 
consequential damages. If you reside in one of these 
states, the foregoing two paragraphs may not apply in 
whole or in part.
  
6. Exclusivity.
  
The warranties and remedies set forth herein are exclusive 
and in lieu of all others, oral or written, express or implied. 
No agent or employee of Imagine or any third-party supplier 
is authorized to make any modification or addition to the 
warranties contained herein.
  
7. General.
  
Nothing in this Agreement shall be or shall be deemed to 
be a waiver of any rights of Imagine or third-parties under 
U.S. copyright, trademark and other intellectual property 
laws, or those of any state, locality or foreign country. This 
agreement shall be construed, interpreted, and governed 
under the laws of the State of California (without regard to 
conflicts of law). If any provision of this Agreement is found 
by a court of competent jurisdiction to be unenforceable, 
that provision shall be enforced to the maximum extent 
permissible so as to give effect to the intent thereof and the 
remainder of the Agreement shall continue in full force and 
effect. This Agreement constitutes the entire agreement 
between the parties with respect to the use of the CD 
Contents and supersedes all prior or contemporaneous 
understandings or agreements, written or oral, regarding 
such subject matter. No amendment or modification of this 
agreement shall be binding unless in writing signed by the 
party against whom enforcement is sought.
  
  
  
Copyright (c) 1998 Imagine Media, Inc.