![]() Join now for free |
![]() |
||||
![]() |
|||||
![]() JMark 2.0 Your quickie JMark one-stop doc shop The tests we have and the results you'll get What you'll see on JMark's screens Curious questions, entertaining answers How to run JMark on an intranet The glossary and other reference stuff The ever popular site map |
LICENSE AGREEMENT FOR JMARK(TM) VERSION 2.0You must read to the bottom of this agreement and accept or reject it to continue.READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE EMBODIED IN THE JMARK(TM) VERSION 2.0 CD-ROM OR, IF PRELOADED ON YOUR HARD DISK, DOWNLOADED OR IF PROVIDED AS PART OF A COLLECTION, THE PRELOADED, DOWNLOADED OR COLLECTED FILE(S) (the "Media"). Embodied in the Media is the JMark computer program and related documentation (the "Software"). Ziff-Davis Inc., having a place of business at One Park Avenue, New York, New York 10016 ("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 Ziff-Davis Benchmark Operation at 1001 Aviation Parkway, Suite 400, Morrisville, North Carolina 27560 (or, if downloaded or preloaded on your hard disk, delete the Software, or if provided as part of a collection, cease use of the Software). Title to the Software and all copyrights, trade secrets 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 This Agreement grants you only limited rights to use the Software. Ziff-Davis grants you a non-exclusive, non-transferable license to use the Software for internal purposes only on a single dedicated computer or on a file server networked with multiple PC computers for the sole purpose of conducting benchmark tests to measure the performance of a Java environment, also known as a Java Virtual Machine. You have the right to make a single copy of the Software for archival purposes and the right to transfer a copy of the Software across an internal local area network only to the PC computers attached to such network; provided, however, that all such copies are considered Software hereunder, that all uses of such copies are governed by the terms and conditions of this Agreement and that you shall be responsible for all uses of such copies in violation of the terms and conditions of this Agreement. Ziff-Davis hereby grants you
the right to publish, except in any country where a third party claims
during the term of this license that such publication infringes that
party's proprietary rights, benchmark test results obtained by you
from your use of the Software, provided that with the publication of
each such result you: Notwithstanding the foregoing,
if, and only if, you wish to publish the benchmark test results obtained
by using the Software in advertisements, you may do so, provided that you: 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 and cease the transfer of any copies of the Software. Further you shall delete the Software and destroy all tangible copies of the Software and other materials related to the Software in your possession or under your control, or, if downloaded or preloaded on your hard disk 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 3. Disclaimer of Warranty; Limitation of Liability 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. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND THE MEDIA IS ASSUMED BY YOU. ZIFF-DAVIS AND ITS AUTHORIZED DISTRIBUTORS ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE SOFTWARE OR THE MEDIA. IN NO EVENT SHALL ZIFF-DAVIS OR ITS AUTHORIZED DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, 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 THE SOFTWARE, THE MEDIA, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE, 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. The contractor/manufacturer is Ziff-Davis Benchmark Operation, 1001 Aviation Parkway, Suite 400, Morrisville, North Carolina 27560 . 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. However, if you have questions or problems regarding the Software or Media, you can write to Ziff-Davis Benchmark Operation, 1001 Aviation Parkway, Suite 400, Morrisville, North Carolina 27560, Attn: Distribution Coordinator. This Agreement constitutes the entire agreement between the parties with respect to the Software and the Media and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and performed in New York. 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 and the unenforceable provision shall be reformed without further action by the parties and only to the extent necessary to make such provision valid and enforceable and to achieve the like economic intent and effect of such provision.
|
||||
|
|||||
![]() |
![]() |