End-User License Agreement for Microsoft
Software
IMPORTANT-READ CAREFULLY: This Microsoft
End-User License Agreement ("EULA") is a legal agreement between you (either an
individual or a single entity) and Microsoft Corporation for the Microsoft
software product included in this package, which includes computer software and
may include associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any
updates and supplements to the original SOFTWARE PRODUCT provided to you by
Microsoft. By installing, copying, downloading, accessing or otherwise using the
SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not
agree to the terms of this EULA, do not install, copy, or otherwise use the
SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not
sold.
1. GRANT OF LICENSE. This EULA grants you
the following rights:
1.1 License Grant. Microsoft grants to
you as an individual, a personal nonexclusive license to make and use copies of
the SOFTWARE PRODUCT for the sole purposes of evaluating and learning how to use
the SOFTWARE PRODUCT, as may be instructed in accompanying publications or
documentation. You may install the software on an unlimited number of computers
provided that you are the only individual using the SOFTWARE PRODUCT.
1.2 Academic Use. You must be a
"Qualified Educational User" to use the SOFTWARE PRODUCT in the manner described
in this section. To determine whether you are a Qualified Educational User,
please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond,
WA 98052-6399 or the Microsoft subsidiary serving your country. If you are a
Qualified Educational User, you may either:
(i) exercise the rights granted in
Section 1.1, OR
(ii) if you intend to use the SOFTWARE
PRODUCT solely for instructional purposes in connection with a class or other
educational program, this EULA grants you the following alternative license
models:
(A) Per Computer Model. For every valid
license you have acquired for the SOFTWARE PRODUCT, you may install a single
copy of the SOFTWARE PRODUCT on a single computer for access and use by an
unlimited number of student end users at your educational institution, provided
that all such end users comply with all other terms of this EULA, OR
(B) Per License Model. If you have
multiple licenses for the SOFTWARE PRODUCT, then at any time you may have as
many copies of the SOFTWARE PRODUCT in use as you have licenses, provided that
such use is limited to student or faculty end users at your educational
institution and provided that all such end users comply with all other terms of
this EULA. For purposes of this subsection, the SOFTWARE PRODUCT is "in use" on
a computer when it is loaded into the temporary memory (i.e., RAM) or installed
into the permanent memory (e.g., hard disk, CD ROM, or other storage device) of
that computer, except that a copy installed on a network server for the sole
purpose of distribution to other computers is not "in use". If the anticipated
number of users of the SOFTWARE PRODUCT will exceed the number of applicable
licenses, then you must have a reasonable mechanism or process in place to
ensure that the number of persons using the SOFTWARE PRODUCT concurrently does
not exceed the number of licenses.
2. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.
• Limitations on Reverse
Engineering, Decompilation, and Disassembly. You may not reverse engineer,
decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent
that such activity is expressly permitted by applicable law notwithstanding this
limitation.
• Separation of Components. The
SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be
separated for use on more than one computer.
• Rental. You may not rent, lease
or lend the SOFTWARE PRODUCT.
• Trademarks. This EULA does not
grant you any rights in connection with any trademarks or service marks of
Microsoft.
• Software Transfer. The initial
user of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA
and SOFTWARE PRODUCT only directly to an end user. This transfer must include
all of the SOFTWARE PRODUCT (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if applicable, the Certificate
of Authenticity). Such transfer may not be by way of consignment or any other
indirect transfer. The transferee of such one-time transfer must agree to comply
with the terms of this EULA, including the obligation not to further transfer
this EULA and SOFTWARE PRODUCT.
• No Support. Microsoft shall have
no obligation to provide any product support for the SOFTWARE
PRODUCT.
• Termination. Without prejudice to
any other rights, Microsoft may terminate this EULA if you fail to comply with
the terms and conditions of this EULA. In such event, you must destroy all
copies of the SOFTWARE PRODUCT and all of its component parts.
3. COPYRIGHT. All title and intellectual
property rights in and to the SOFTWARE PRODUCT (including but not limited to any
images, photographs, animations, video, audio, music, text, and "applets"
incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and
any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. All
title and intellectual property rights in and to the content which may be
accessed through use of the SOFTWARE PRODUCT is the property of the respective
content owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use such content.
All rights not expressly granted are reserved by Microsoft.
4. BACKUP COPY. After installation of one
copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original
media on which the SOFTWARE PRODUCT was provided by Microsoft solely for backup
or archival purposes. If the original media is required to use the SOFTWARE
PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely
for backup or archival purposes. Except as expressly provided in this EULA, you
may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials
accompanying the SOFTWARE PRODUCT.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The
SOFTWARE PRODUCT and documentation are 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 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA
98052-6399.
6. EXPORT RESTRICTIONS. You agree that
you will not export or re-export the SOFTWARE PRODUCT, any part thereof, or any
process or service that is the direct product of the SOFTWARE PRODUCT (the
foregoing collectively referred to as the "Restricted Components"), to any
country, person, entity or end user subject to U.S. export restrictions. You
specifically agree not to export or re-export any of the Restricted Components
(i) to any country to which the U.S. has embargoed or restricted the export of
goods or services, which currently include, but are not necessarily limited to
Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any
such country, wherever located, who intends to transmit or transport the
Restricted Components back to such country; (ii) to any end-user who you know or
have reason to know will utilize the Restricted Components in the design,
development or production of nuclear, chemical or biological weapons; or (iii)
to any end-user who has been prohibited from participating in U.S. export
transactions by any federal agency of the U.S. government. You warrant and
represent that neither the BXA nor any other U.S. federal agency has suspended,
revoked, or denied your export privileges.
7. NOTE ON JAVA SUPPORT. THE SOFTWARE
PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT
FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE
AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR
WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO
DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE.
MISCELLANEOUS
If you acquired this product in the
United States, this EULA is governed by the laws of the State of Washington.
If you acquired this product in Canada,
this EULA is governed by the laws of the Province of Ontario, Canada. Each of
the parties hereto irrevocably attorns to the jurisdiction of the courts of the
Province of Ontario and further agrees to commence any litigation which may
arise hereunder in the courts located in the Judicial District of York, Province
of Ontario.
If this product was acquired outside the
United States, then local law may apply.
Should you have any questions concerning
this EULA, or if you desire to contact Microsoft for any reason, please contact
Microsoft, or write: Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399.
LIMITED WARRANTY
LIMITED WARRANTY. Microsoft warrants that
(a) the SOFTWARE PRODUCT will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days from the date of
receipt, and (b) any Support Services provided by Microsoft shall be
substantially as described in applicable written materials provided to you by
Microsoft, and Microsoft support engineers will make commercially reasonable
efforts to solve any problem. To the extent allowed by applicable law, implied
warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
Some states/jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. Microsoft's and its
suppliers' entire liability and your exclusive remedy shall be, at Microsoft's
option, either (a) return of the price paid, if any, or (b) repair or
replacement of the SOFTWARE PRODUCT that does not meet Microsoft's Limited
Warranty and that is returned to Microsoft with a copy of your receipt. This
Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from
accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be
warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer. Outside the United States, neither these remedies nor any
product support services offered by Microsoft are available without proof of
purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS DISCLAIM ALL
OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE
PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH
VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE
FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MICROSOFT'S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU
HAVE ENTERED INTO A MICROSOFT SUPPORT SERVICES AGREEMENT, MICROSOFT'S ENTIRE
LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT
AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
0495 Part No. 64358LICENSE AGREEMENT FOR
MindView, Inc.'s
Thinking in C: Foundations for
C++ & Java CD-ROM
by Chuck
Allison
This CD is provided together with the
book "Thinking in C++ 2nd edition, Volume
1."
READ THIS AGREEMENT BEFORE USING THIS
"Thinking in C: Foundations for C++ & Java" (Hereafter called "CD"). BY
USING THE CD YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
IMMEDIATELY RETURN THE UNUSED CD FOR A FULL REFUND OF MONIES PAID, IF
ANY.
©2000 MindView Inc. All rights
reserved. Printed in the U.S.
SOFTWARE
REQUIREMENTS
The purpose of this CD is to provide
the Content, not the associated software necessary to view the Content. The
Content of this CD is in HTML for viewing with Microsoft Internet Explorer 4 or
newer, and uses Microsoft Sound Codecs available in Microsoft's Windows Media
Player for Windows or the Macintosh. It is your responsibility to correctly
install the appropriate Microsoft software for your system.
The text, images, and other media included
on this CD ("Content") and their compilation are licensed to you subject to the
terms and conditions of this Agreement by MindView Inc., having a place of
business at 5343 Valle Vista, La Mesa, CA 91941. Your rights to use other
programs and materials included on the CD are also governed by separate
agreements distributed with those programs and materials on the CD (the "Other
Agreements"). In the event of any inconsistency between this Agreement and the
Other Agreements, this Agreement shall govern. By using this CD, you agree to be
bound by the terms and conditions of this Agreement. MindView Inc. owns title to
the Content and to all intellectual property rights therein, except insofar as
it contains materials that are proprietary to third-party suppliers. All rights
in the Content except those expressly granted to you in this Agreement are
reserved to MindView Inc. and such suppliers as their respective interests may
appear.
1. LIMITED
LICENSE
MindView Inc. grants you a limited,
nonexclusive, nontransferable license to use the Content on a single dedicated
computer (excluding network servers). This Agreement and your rights hereunder
shall automatically terminate if you fail to comply with any provisions of this
Agreement or any of the Other Agreements. Upon such termination, you agree to
destroy the CD and all copies of the CD, whether lawful or not, that are in your
possession or under your control.
2.
ADDITIONAL RESTRICTIONS
a. You shall not (and
shall not permit other persons or entities to) directly or indirectly, by
electronic or other means, reproduce (except for archival purposes as permitted
by law), publish, distribute, rent, lease, sell, sublicense, assign, or
otherwise transfer the Content or any part
thereof.
b. You shall not (and shall not
permit other persons or entities to) use the Content or any part thereof for any
commercial purpose or merge, modify, create derivative works of, or translate
the Content.
c. You shall not (and shall not
permit other persons or entities to) obscure MindView's or its suppliers
copyright, trademark, or other proprietary notices or legends from any portion
of the Content or any related materials.
3.
PERMISSIONS
a. Except as noted in the Contents of the
CD, you must treat this software just like a book. However, you may copy it onto
a computer to be used and you may make archival copies of the software for the
sole purpose of backing up the software and protecting your investment from
loss. By saying, "just like a book," MindView, Inc. means, for example, that
this software may be used by any number of people and may be freely moved from
one computer location to another, so long as there is no possibility of its
being used at one location or on one computer while it is being used at another.
Just as a book cannot be read by two different people in two different places at
the same time, neither can the software be used by two different people in two
different places at the same time.
b. You may show or demonstrate the
un-modified Content in a live presentation, live seminar, or live performance as
long as you attribute all material of the Content to MindView,
Inc.
c. Other permissions and grants of rights
for use of the CD must be obtained directly from MindView, Inc. at
http://www.MindView.net. (Bulk copies of the CD may also be purchased at this
site.)
DISCLAIMER OF
WARRANTY
The Content and CD 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 CD and Content
is assumed by you. MindView Inc. and its suppliers assume no responsibility for
defects in the CD, the accuracy of the Content, or omissions in the CD or the
Content. MindView Inc. and its suppliers do not warrant, guarantee, or make any
representations regarding the use, or the results of the use, of the product in
terms of correctness, accuracy, reliability, currentness, or otherwise, or that
the Content will meet your needs, or that operation of the CD will be
uninterrupted or error-free, or that any defects in the CD or Content will be
corrected. MindView Inc. and its suppliers shall not be liable for any loss,
damages, or costs arising from the use of the CD or the interpretation of the
Content. Some states do not allow exclusion or limitation of implied warranties
or limitation of liability for incidental or consequential damages, so all of
the above limitations or exclusions may not apply to
you.
In no event shall MindView Inc. or its
suppliers' total liability to you for all damages, losses, and causes of action
(whether in contract, tort, or otherwise) exceed the amount paid by you for the
CD.
MindView, Inc., and Prentice-Hall, Inc.
specifically disclaim the implied warrantees of merchantability and fitness for
a particular purpose. No oral or written information or advice given by
MindView, Inc., Prentice-Hall, Inc., their dealers, distributors, agents or
employees shall create a warrantee. You may have other rights, which vary from
state to state.
Neither MindView, Inc., Bruce Eckel,
Chuck Allison, Prentice Hall, nor anyone else who has been involved in the
creation, production or delivery of the product shall be liable for any direct,
indirect, consequential, or incidental damages (including damages for loss of
business profits, business interruption, loss of business information, and the
like) arising out of the use of or inability to use the product even if
MindView, Inc., has been advised of the possibility of such damages. Because
some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to
you.
This CD is provided as a supplement to
the book "Thinking in C++ 2nd edition." The sole responsibility of Prentice-Hall
will be to provide a replacement CD in the event that the one that came with the
book is defective. This replacement warrantee shall be in effect for a period of
sixty days from the purchase date. MindView, Inc. does not bear any additional
responsibility for the CD.
NO TECHNICAL SUPPORT IS PROVIDED WITH
THIS CD ROM
The following are trademarks of their
respective companies in the U.S. and may be protected as trademarks in other
countries: Sun and the Sun Logo, Sun Microsystems, Java, all Java-based names
and logos and the Java Coffee Cup are trademarks of Sun Microsystems; Internet
Explorer, the Windows Media Player, DOS, Windows 95, and Windows NT are
trademarks of Microsoft.
Thinking in C: Foundations for
Java & C++
Multimedia Seminar-on-CD ROM
©2000 MindView, Inc. All rights
reserved.
WARNING: BEFORE OPENING THE DISC
PACKAGE, CAREFULLY READ THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT &
WARANTEE LIMITATION ON THE PREVIOUS PAGES.
The CD ROM packaged with this book is a
multimedia seminar consisting of synchronized slides and audio lectures. The
goal of this seminar is to introduce you to the aspects of C that are necessary
for you to move on to C++ or Java, leaving out the unpleasant parts that C
programmers must deal with on a day-to-day basis but that the C++ and
Java languages steer you away from. The CD also contains
this book in HTML form along with the source code for the book.
This CD ROM will work with Windows (with
a sound system) and the Macintosh. However, you must:
At this point you
should be able to play the lectures on the CD. Using the Internet Explorer Web
browser, open the file Install.html that you’ll find on the CD.
This will introduce you to the CD and provide further instructions about the use
of the CD.