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.ÿþ3236-7 EULA.F.qc 6/29/99 1:18 PM Page 1018IDG Books Worldwide, Inc.End-User License AgreementREAD THIS.You should carefully read these terms and conditions beforeopening the software packet(s) included with this book ( Book ).This is a licenseagreement ( Agreement ) between you and IDG Books Worldwide, Inc.( IDGB ).By opening the accompanying software packet(s), you acknowledge that you haveread and accept the following terms and conditions.If you do not agree and do notwant to be bound by such terms and conditions, promptly return the Book and theunopened software packet(s) to the place you obtained them for a full refund.1.License Grant.IDGB grants to you (either an individual or entity) anonexclusive license to use one copy of the enclosed software program(s)(collectively, the Software ) solely for your own personal or businesspurposes on a single computer (whether a standard computer or a workstationcomponent of a multiuser network).The Software is in use on a computerwhen it is loaded into temporary memory (RAM) or installed into permanentmemory (hard disk, CD-ROM, or other storage device).IDGB reserves all rightsnot expressly granted herein.2.Ownership.IDGB is the owner of all right, title, and interest, includingcopyright, in and to the compilation of the Software recorded on the disk(s)or CD-ROM ( Software Media ).Copyright to the individual programsrecorded on the Software Media is owned by the author or other authorizedcopyright owner of each program.Ownership of the Software and allproprietary rights relating thereto remain with IDGB and its licensers.3.Restrictions on Use and Transfer.(a) You may only (i) make one copy of the Software for backup or archivalpurposes, or (ii) transfer the Software to a single hard disk, providedthat you keep the original for backup or archival purposes.You maynot (i) rent or lease the Software, (ii) copy or reproduce the Softwarethrough a LAN or other network system or through any computersubscriber system or bulletin-board system, or (iii) modify, adapt, orcreate derivative works based on the Software.(b) You may not reverse engineer, decompile, or disassemble the Software.You may transfer the Software and user documentation on a permanentbasis, provided that the transferee agrees to accept the terms andconditions of this Agreement and you retain no copies.If the Softwareis an update or has been updated, any transfer must include the mostrecent update and all prior versions.3236-7 EULA.F.qc 6/29/99 1:18 PM Page 10194.Restrictions on Use of Individual Programs.You must follow the individualrequirements and restrictions detailed for each individual program inAppendix C of this Book.These limitations are also contained in the individuallicense agreements recorded on the Software Media.These limitations mayinclude a requirement that after using the program for a specified period oftime, the user must pay a registration fee or discontinue use.By opening theSoftware packet(s), you will be agreeing to abide by the licenses andrestrictions for these individual programs that are detailed in Appendix Cand on the Software Media.None of the material on this Software Media orlisted in this Book may ever be redistributed, in original or modified form,for commercial purposes.5.Limited Warranty.(a) IDGB warrants that the Software and Software Media are free from defectsin materials and workmanship under normal use for a period of sixty (60)days from the date of purchase of this Book.If IDGB receives notificationwithin the warranty period of defects in materials or workmanship, IDGBwill replace the defective Software Media.(b) IDGB AND THE AUTHOR OF THE BOOK DISCLAIM ALL OTHERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUTLIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESOFTWARE, THE PROGRAMS, THE SOURCE CODE CONTAINEDTHEREIN, AND/OR THE TECHNIQUES DESCRIBED IN THIS BOOK.IDGB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED INTHE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THEOPERATION OF THE SOFTWARE WILL BE ERROR FREE.(c) This limited warranty gives you specific legal rights, and you may haveother rights that vary from jurisdiction to jurisdiction.6.Remedies.(a) IDGB s entire liability and your exclusive remedy for defects in materialsand workmanship shall be limited to replacement of the Software Media,which may be returned to IDGB with a copy of your receipt at thefollowing address: Software Media Fulfillment Department, Attn.:XML(tm) Bible, IDG Books Worldwide, Inc., 7260 Shadeland Station, Ste.100, Indianapolis, IN 46256, or call 1-800-762-2974.Please allow three tofour weeks for delivery.This Limited Warranty is void if failure of theSoftware Media has resulted from accident, abuse, or misapplication.Any replacement Software Media will be warranted for the remainder ofthe original warranty period or thirty (30) days, whichever is longer.(b) In no event shall IDGB or the author be liable for any damages whatsoever(including without limitation damages for loss of business profits, businessinterruption, loss of business information, or any other pecuniary loss)arising from the use of or inability to use the Book or the Software, even ifIDGB has been advised of the possibility of such damages.3236-7 EULA.F.qc 6/29/99 1:18 PM Page 1020(c) Because some jurisdictions do not allow the exclusion or limitation ofliability for consequential or incidental damages, the above limitation orexclusion may not apply to you.7.U.S.Government Restricted Rights.Use, duplication, or disclosure of theSoftware by the U.S.Government is subject to restrictions stated in paragraph(c)(1)(ii) of the Rights in Technical Data and Computer Software clause ofDFARS 252.227-7013, and in subparagraphs (a) through (d) of the CommercialComputer Restricted Rights clause at FAR 52.227-19, and in similar clausesin the NASA FAR supplement, when applicable.8.General.This Agreement constitutes the entire understanding of the partiesand revokes and supersedes all prior agreements, oral or written, betweenthem and may not be modified or amended except in a writing signed by bothparties hereto that specifically refers to this Agreement.This Agreement shalltake precedence over any other documents that may be in conflict herewith.Ifany one or more provisions contained in this Agreement are held by any courtor tribunal to be invalid, illegal, or otherwise unenforceable, each and everyother provision shall remain in full force and effect
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