The Data Model Resource CD-ROM, Revised Edition, Volume 1: Limited Use License Agreement

Carefully read the following terms and conditions before using this CD-ROM. By using the product you indicate your acceptance of the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you may return the product along with all packaging, documentation and your receipt of purchase to John Wiley & Sons, Inc., 605 Third Avenue, New York, N.Y. 10158-0012 within thirty (30) days for a full refund.

1. License: John Wiley and Sons, Inc. ("Wiley") hereby grants you, and you accept, a non-exclusive and non-transferable license, to use its this CD-ROM ("System").

2. Term: This License Agreement is effective until terminated. You may terminate it at any time by destroying the System with all copies made (with or without authorization).

3. Authorized use of System: You shall have the right to load the System on a single computer and at a single location designated by you.

4. Use Restrictions. You may not (a) copy the System, except to load it into a computer in accordance with instructions in the package; (b) distribute copies of the System to any other person; (c) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the System; (d) copy, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, store, disseminate, or use, in any form or by any means, any part of the data except as expressly provided for in this License; (e) transfer, resell, sublicense, lease, or grant any other rights of any kind to any individual copy of the System to any other person; (f) remove any proprietary notices, labels or marks on the System. You shall take reasonable measures to maintain the security of the System.

5. Proprietary Rights. You acknowledge and agree that the System is the sole and exclusive property of Wiley, and the System is licensed to you only for the term of this License and strictly under the terms hereof. Wiley owns all right, title, and interest in and to the content of the System. Except for the limited rights given to you herein, all rights are reserved by Wiley.

6. Termination. If you should fail to perform in the manner required in this License, this License shall automatically terminate and Wiley may exercise any rights it may have. Upon termination, Wiley may require that you destroy all of these materials and that you so certify, in writing, to Wiley. All provisions of this license with regard to the protection of the proprietary rights of Wiley shall continue in force after such termination.

7. Warranties, Indemnities, and Limitation of Liability. THE SYSTEM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WILEY NEITHER GIVES NOR MAKES ANY OTHER WARRANTIES OR REPRESENTATIONS UNDER OR PURSUANT TO THIS LICENSE. Wiley does not warrant, guarantee or make any representations that the functions contained in the System will meet your particular requirements or that the operation of the System will be uninterrupted or error free. The entire risk as to the results and performance of the System is assumed by you.

If the System disc is defective in workmanship or materials and Wiley is given timely notice thereof, Wiley's sole and exclusive liability and your sole and exclusive remedy, shall be to replace the defective disc. In the event of a defect in a disc covered by this warranty, Wiley will replace the disc provided that you return the defective disc to Wiley together with a copy of your receipt. If Wiley is unable to provide a disc that is free from such defects, you may terminate this License by returning the disc and all associated documentation to Wiley for a full refund. The foregoing states your sole remedy and Wiley's sole obligation in the event of the occurrence of a defect coming within the scope of the limited warranty.

IN NO EVENT SHALL WILEY, ITS SUPPLIERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE DATABASE, SOFTWARE OR DOCUMENTATION BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA OF ANY KIND OR FOR LOST PROFITS, LOST SAVINGS, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE USE OR INABILITY TO USE THE SOFTWARE OR DATA, EVEN IF WILEY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY CLAIM OR CAUSE WHATSOEVER WHETHER SUCH CLAIM OR CAUSE IS IN CONTRACT, TORT OR OTHERWISE.

The limited warranty set forth above is in lieu of all other express warranties, whether oral or written. The agents, employees and distributors of Wiley are not authorized to modify this warranty, nor to make additional warranties binding on Wiley. Accordingly, additional statements such as distributor representations, whether written or oral, do not constitute warranties of Wiley and should not be relied upon as a warranty of Wiley. In no case shall Wiley's liability exceed the cost of the System. You agree to indemnify and hold Wiley, its suppliers, and all of their officers, directors, employees and agents, as well all those individuals or organizations providing information for the Database, harmless from any and all claims of third parties resulting from or incidental to your use or operation of the System, or arising from any breach by you of any provisions of this License. Wiley may, at its option, institute or defend any action arising out of the aforesaid clauses with counsel of its own choice.

(Some states do not allow exclusions or limitations of implied warranties or liability in certain cases, so the above exclusions and limitations may not apply to you.)

8. General.
(a) Wiley may assign this License to its successors, subsidiaries, or assigns. This License may not be assigned by the Licensee except upon the written consent of Wiley.
(b) This License shall be governed by the laws of the State of New York insofar as they do not conflict with U.S. Federal regulations. If any provision of this License is deemed to be unlawful, invalid, or unenforceable, the remaining provisions shall remain in full force and effect as if the unlawful, invalid, or unenforceable provision has been omitted. Any legal action, suit, or proceeding arising out of or relating to this License or the breach thereof shall be instituted in a court of competent jurisdiction in New York County in the State of New York and each party hereby consents and submits to the personal jurisdiction of such court and consents to service of process by registered or certified mail, return receipt requested, at the last known address of such party.
(c) The above warranties and indemnities shall survive the termination of this License.
(d) Sales tax is applicable to residents of New York and New Jersey on a "destination" basis.
(e) Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III (g)(3) (June 1987), FAR 52.227-19 (June 1987), of DFARS 52.227-701 (c)(1)(ii)(June 1988), as applicable. Software licensor: John Wiley & Sons, Inc., 605 Third Avenue, New York, N.Y. 10158.
(f) If the Licensee is located in Canada, Licensee agrees to the following: The parties hereto confirm that it is their wish that this License, as well as all other documents relating hereto, including notices, have been and shall be drawn up in the English language only.

9. Acknowledgment. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO ACKNOWLEDGE THAT THIS LICENSE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN WILEY AND YOU, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR OTHER COMMUNICATIONS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND WILEY RELATING TO THE SUBJECT MATTER OF THIS LICENSE. THIS LICENSE CANNOT BE MODIFIED OR AMENDED EXCEPT BY A FURTHER WRITTEN INSTRUMENT EXECUTED BY YOU AND WILEY.

Think again before you download it because it is so expensive!

[此贴子已经被作者于2007-8-31 20:40:29编辑过]