BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS, AND DO NOT INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.) IF THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A PRINTED OR OTHER FORM OF "HARD-COPY" END USER LICENSE AGREEMENT WHOSE TERMS VARY FROM THIS AGREEMENT, THEN THE HARD-COPY END USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE SOFTWARE. NETSCAPE SERVER SOFTWARE END USER LICENSE AGREEMENT REDISTRIBUTION OR RENTAL NOT PERMITTED This Agreement sets forth the terms and conditions of your use of the accompanying Netscape server software product (the "Software"). Any third party software that is provided with the Software with such third party's license agreement (in either electronic or printed form) is included for use at your option. If you choose to use such software, then such use shall be governed by such third party's license and not by this Agreement. As used in this Agreement, for residents of Europe, the Middle East and Africa, "Netscape" shall refer to Netscape Communications Ireland Limited; for residents of Japan, "Netscape" shall refer to Netscape Communications (Japan), Ltd.; for residents of all other countries, "Netscape" shall refer to Netscape Communications Corporation. For purposes of this Agreement, "Licensor" shall be defined as follows: If you have acquired a third party product or service and such product or service included the Software, then such third party shall be the Licensor. Otherwise, Netscape shall be the Licensor. LICENSE GRANT. Licensor hereby grants to you a non-exclusive license to use the Software and related documentation ("Documentation") according to the provisions contained herein and subject to payment of applicable license fees. Unless you have purchased a subscription for the Software, the license granted under this Agreement does not grant you any right to any enhancement or update to the Software. You may: * If you have purchased a license for SuiteSpot software, install one copy on one platform of each included server product unless the information at the following URL: http://home.netscape.com/comprod/server_central/product/license_cal.html states you have the right to make additional copies. We recommend that you print out a copy of the page at the indicated URL as documentation of the terms applicable to your license purchase. * Install the Software on only one computer unless the information at the following URL: http://home.netscape.com/comprod/server_central/product/license_cal.html states you have the right to make additional copies. We recommend that you print out a copy of the page at the indicated URL as documentation of the terms applicable to your license purchase. * Run multiple instances of the Netscape Resource Description Server software, if applicable, on multiple computers. * If the Software contains an Informix database, run the Informix database only on a single computer upon which the Software is installed. If the Software is a server product other than Netscape Enterprise Server Pro ("Enterprise Pro") or LiveWire Pro, the Informix database may be used only as a repository for the Software's data and may not be used for any other purpose. The Informix database may be accessed only by tools intended for use with the Software. If the Software is Enterprise Pro or LiveWire Pro, you may also use the Informix database for additional purposes as further described below in the Enterprise Pro and LiveWire Pro Database Rights and Limitations section. * Use the Visigenic VisiBroker development component of the Software on no more than one computer by no more than one developer. The single allowed developer may use both VisiBroker for C++ and VisiBroker for Java. * Use the Visigenic runtime component of the Software to invoke object implementations, provided that the invoking application (i) is one or more components of the Software or (ii) interoperates with and runs on the same computer as the Software. * If the Software is Enterprise Pro, run the server-side JavaScript compiler on an unlimited number of computers. * If the Software contains header files, copy and use the header files solely to create and distribute programs to interface with the server Application Program Interfaces. You may not modify the header files. * If the Software contains Java classes other than classes which are part of the Software's programming interface ("Sample Java Classes"), copy and use the Sample Java Classes solely to create and distribute programs to interface with Netscape products. * Make a single copy of the Software for archival purposes, provided the copy contains all of the original Software's proprietary notices. * Use the copy of Netscape Navigator software or Netscape Communicator software provided with the Software solely for administering the Software. * Use the "Powered By Netscape SuiteSpot" logo (the "Logo") on your web site (internal or external) provided (i) the site operates on or utilizes the Software (or at least one of the server products contained in SuiteSpot if you have purchased a license for SuiteSpot software) and (ii) you agree to the applicable terms and conditions of use described in the Logo usage guidelines found at http://home.netscape.com/download/index.html. This license does not grant you any rights to use the Logo on products or services. ENTERPRISE PRO AND LIVEWIRE PRO DATABASE RIGHTS AND LIMITATIONS. If the Software is Enterprise Pro or LiveWire Pro, you have certain limited rights to use the included database for purposes in addition to those described above. These rights and limitations are: Informix Database. If the Enterprise Pro or LiveWire Pro software includes an Informix database, in addition to the rights and limitations described above, the Informix database may be used only (i) for the purpose of developing Netscape web server applications ("Web Server Applications"); and (ii) to reproduce and distribute a single copy of the runtime version of the Informix database for use solely as a component of a Web Server Application and only on a single computer for up to thirty-two (32) connections (the "Deployment System"). A "connection" means a computer process generated by the designated computer to service on-line users of the Web Server Applications. A single connection may support a multitude of users, the exact number of which depends on the particular circumstances. Multiple Web Server Applications may reside on the Deployment System, provided that all such applications access only the single copy of the Informix database and all Web Server Applications together use no more than thirty-two (32) connections. You may use the Informix database to develop any number of Web Server Applications, but once you have distributed a single runtime version of the Informix database in any one Web Server Application, you may not distribute the Informix database in another copy of that Web Server Application or as part of any subsequent Web Server Application. In order to provide a database product as part of your Web Server Application either you must purchase a separate LiveWire Pro license for each recipient, or each recipient to whom you distribute a Web Server Application must license its own copy of a database product. You may not establish direct connections with the Informix database other than through the Enterprise Pro or LiveWire Pro software or use the Informix database for any purpose other than developing and executing Web Server Applications. Oracle Database. If the Enterprise Pro or LiveWire Pro software includes an Oracle database you are licensed to run the Oracle database only on a single computer upon which Enterprise Server software is installed for internal business purposes, and only permitting access by up to ten named users. The Oracle database may be used only for the purpose of developing Web Server Applications, and for no other purpose. You may not distribute the Oracle database with Web Server Applications. In order to provide a database product as part of your Web Server Application either you must purchase a separate database product license for each recipient, or each recipient to whom you distribute a Web Server Application must license its own copy of a database product. You may not establish direct connections with the Oracle database other than through the Enterprise Pro or LiveWire Pro software. LIMITATIONS. You may not: * permit other individuals to use the Software except under the terms listed above; * modify, translate, reverse engineer, decompile, disassemble (except solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software; * copy the Software other than as specified above; * publish or provide any results of benchmark tests run on the Software to a third party without Netscape's prior written consent; * rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or * remove any proprietary notices or labels from the Software. FEES. The rights granted under this Agreement are only effective upon payment of license fees. License fees for most Netscape server products are based on the number of users accessing certain services or functionality of the server product. User-based licensing applies to these server products. Detailed information regarding user-based and other types of licensing and license fees can be found at the following URL: http://home.netscape.com/comprod/server_central/product/license_cal.html. We recommend that you print out a copy of the page at the indicated URL as documentation of the terms applicable to your license purchase. ENCRYPTION. If the Software contains cryptographic features, then you must obtain a signed digital certificate from a certificate authority or a certificate server in order to utilize the cryptographic features. You may be charged additional fees for certification services. Following successful installation of a digital certificate, your use of the Software's cryptographic features will be enabled. You are responsible for maintaining the security of the environment in which the Software is used and the integrity of the private key file used with the Software. In addition, the use of digital certificates is subject to the terms specified by the certificate provider, and there are inherent limitations in the capabilities of digital certificates. If you are sending or receiving digital certificates, you are responsible for familiarizing yourself with and evaluating such terms and limitations. If the Software is a Netscape product with Fortezza, you will need to obtain PC Card Readers and Fortezza Crypto Cards from another vendor to enable the Fortezza features. LIMITED WARRANTY. Licensor warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Licensor does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by the Software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. Licensor also warrants that the media containing the Software, if provided by Licensor, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Licensor's sole liability for any breach of this warranty shall be, in Licensor's sole discretion: (i) to replace your defective media or Software; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of delivery to you of the repaired or replaced Software, or (b) Licensor advised you how to operate the Software so as to achieve substantially the same functionality described in the Documentation. Only if you inform Licensor of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will Licensor be obligated to honor this warranty. Licensor will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation. THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY LICENSOR OR ITS SUPPLIERS. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in Netscape and/or its suppliers. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content. TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation. Your obligations to pay accrued charges and fees shall survive any termination of this Agreement. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Software. If the licensed Software is identified as a not-for-export product (for example, on the box, media or in the installation process), then, unless you have an exemption from the United States Department of State, the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. HIGH RISK ACTIVITIES. The Software 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 the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.