LICENSE AGREEMENT FOR PC MAGAZINE UTILITIES READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE EMBODIED IN THE DISC OR CD-ROM DISTRIBUTED WITH THIS LICENSE AGREEMENT OR, IF DOWNLOADED OR IF PROVIDED AS PART OF A COLLECTION, THE DOWNLOADED OR COLLECTED FILE(S) (the "Media"). Embodied in the Media is a PC Magazine Utility computer program, its source code, and related documentation (the "Software"). Ziff Davis Media Inc. ("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 the fulfillment house from whom you received the disc or CD-ROM (or, if downloaded, delete the Software, or if provided as part of a collection, cease use of the Software). Title to the Software and all copyrights 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 Ziff-Davis grants you a non-exclusive, non-transferable license to install and use the Software in a single location on a hard disk or other storage device, and to make a single archival copy of the Software. Ziff-Davis grants you a non-exclusive, non-transferable license to use the source code distributed with PC Magazine utilities for educational, non-commercial purposes only. Under no circumstances may you distribute any unaltered or altered version of the Software through any means, including, without limitation, personal bulletin boards, ftp sites, CompuServe, the Web, floppy disk or other storage device, or under any name, including without limitation, your name, Ziff-Davis' name or any third party's name, nor may you distribute or market programs that contain altered or unaltered portions of the Software's source code. In no event shall Ziff-Davis' distribution of the source code with the Software imply or result in a diminishment or impairment of Ziff-Davis' rights in the Software or the source code of the Software, including, without limitation, Ziff-Davis' copyright in the Software or the source code of the Software. 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. Further you shall delete the Software and destroy any archival copies of the Software and other materials related to the Software in your possession or under your control, or, if downloaded 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 A. You shall not copy the Software or any component thereof, except for a single archival copy pursuant to paragraph 1 above. You shall not rent, lease, sell or sublicense the Software. Any attempt to do so shall be void and of no effect. To obtain additional copies of the Software, refer to the PC Magazine Web site located at http://www.pcmag.com or PC Magazine's Utilities column. B. You shall not (and shall not permit other persons or entities to) merge, modify, include in other software or translate the Software or any component thereof. C. You shall not (and shall not permit other persons or entities to) remove or obscure Ziff-Davis' copyright, trademark or other proprietary notices or legends from any of the materials contained in this package or downloaded. 3. Disclaimer of Warranty 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. IN NO EVENT SHALL ZIFF-DAVIS OR ITS AUTHORIZED DISTRIBUTORS BE LIABLE FOR ANY DIRECT, 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 SOFTWARE, THE MEDIA, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE OR THE 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. 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. This Agreement shall be construed, interpreted and governed under New York law. 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. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.