Nikkei Mac 18/NIKKEI-MAC-CD-VOL-18-1998-10.ISO.7z/NIKKEI-MAC-CD-VOL-18-1998-10.ISO/ソフトウエア・ウオッチング/Communicatorｪ 4.5 Complete/Netscape Installer/License

Text File | 1998-07-13 | 18KB | 311 lines

         NETSCAPE CLIENT PRODUCTS LICENSE AGREEMENT
           REDISTRIBUTION OR RENTAL NOT PERMITTED

  These Terms apply to Netscape Communicator Standard Edition,
  Deluxe Edition, Internet Access Edition, and Professional
  Edition, Netscape Publishing Suite, Netscape Navigator and
  Netscape Navigator Gold.

                 GENERAL LICENSE TERMS & CONDITIONS

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE
NETSCAPE BETA SOFTWARE PRODUCT WITH WHICH THIS LICENSE AGREEMENT
WAS PROVIDED (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY WHICH HAS
LICENSED THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND
IS BECOMING A PARTY TO THIS AGREEMENT.  IF LICENSEE DOES NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING
NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR
USE THE PRODUCT.  IF LICENSEE HAS ALSO RECEIVED A PRINTED END USER
LICENSE AGREEMENT THAT CONTAINS TERMS WHICH VARY FROM THE TERMS IN
THIS AGREEMENT, THEN THE PRINTED END USER LICENSE AGREEMENT GOVERNS
THE USE OF THE PRODUCT.

1. LICENSE GRANT.  As used in this Agreement, for residents of
Europe, the Middle East or Africa, "Netscape" shall mean Netscape
Communications Ireland Limited; for residents of Japan, "Netscape"
shall mean Netscape Communications (Japan), Ltd.; for residents of
all other countries, "Netscape" shall mean Netscape Communications
Corporation.  Netscape grants Licensee a non-exclusive and
non-transferable license to use the executable code version of the
Product free of charge for evaluation and trial purposes only for a
limited time.  Licensee may not use the Product for any purpose
other than trial and evaluation, including without limitation,
operation of its business, development of other applications for
ongoing use, or providing services to others.  THIS PRODUCT MAY
CONTAIN CODE THAT DISABLES MOST OF ITS FEATURES AFTER THE TIMEOUT
DATE.  PLEASE SEE THE README FILE INCLUDED WITH THE PRODUCT FOR THE
TIMEOUT DATE.  Licensee may make a limited number of copies of the
Product as required to conduct its evaluation, provided each copy
contains the original proprietary notices and provided the use of
any such copy is governed by the terms of this Agreement.  This
Agreement does not entitle Licensee to hard-copy documentation,
support or telephone assistance.  While Netscape intends to
distribute a commercial release of the Product, Netscape reserves
the right at any time not to release a commercial release of the
Product or, if released, to alter prices, features, licensing
terms, or other characteristics of the commercial release.  Any
third party software provided together with a Product with such
third party's electronic or printed license agreement is included
for use at Licensee's option, and any use of such software shall be
governed by the third party's license agreement and not by this
Agreement, except to the extent that this Agreement indicates
otherwise with respect to specific third party software.

2. TERM AND TERMINATION.  The license granted under this Agreement
shall terminate on the earlier of (i) the Timeout Date or (ii) 30
days following Netscape's release of a commercial version of the
Product.  The license will terminate automatically if Licensee
fails to comply with the limitations described herein.  Licensee
must destroy all copies of the Product upon termination.

3. PROPRIETARY RIGHTS.  Title, ownership rights, and intellectual
property rights in the Product shall remain in Netscape and/or its
suppliers.  Licensee acknowledges such ownership and intellectual
property rights and will not take any action to jeopardize, limit
or interfere in any manner with Netscape's or its suppliers'
ownership of or rights with respect to the Product.  The Product is
protected by copyright and other intellectual property laws and by
international treaties.  Title and related rights in the content
accessed through the Product are the property of the applicable
content owner and are protected by applicable law.  The license
granted under this Agreement gives Licensee no rights to such
content.  Any copy shall contain all notices regarding proprietary
rights as contained in the Product originally delivered by
Netscape.

4. Restrictions.  Except as otherwise expressly permitted in this
Agreement, and in addition to any other restrictions herein,
Licensee may not: (i) modify or create any derivative works of the
Product or documentation, including translation or localization;
(ii) decompile, disassemble, reverse engineer, or otherwise attempt
to derive the source code for the Product (except to the extent
applicable laws specifically prohibit such restriction); (iii)
redistribute, encumber, sell, rent, lease, sublicense, use the
Products in a timesharing or service bureau arrangement, or
otherwise transfer rights to the Product; (iv) copy the Product
(except for an archival copy which must be stored on media other
than a computer hard drive) or documentation; (v) remove or alter
any trademark, logo, copyright or other proprietary notices,
legends, symbols or labels in the Product; (vi) modify any header
files or class libraries in the Product; (vii) create or alter
tables or reports relating to the database portion of the Product
(except as necessary for operating the Product); (viii) publish any
results of benchmark tests run on the Product or disclose Product
features, errors or bugs to a third party without Netscape's prior
written consent; (ix) use the database provided for use with any
Product except in conjunction with the relevant Product; or (x) use
the Product for any purpose other than trial and evaluation.

5. DISCLAIMER OF WARRANTY.  THE PRODUCT IS PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION
THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE.
SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT
NETSCAPE OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF
ANY SERVICE AND REPAIR.  IN ADDITION, THE SECURITY MECHANISMS
IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE
MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS
REQUIREMENTS.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS AGREEMENT.  NO USE OF THE PRODUCT IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

6. LIMITATION ON LIABILITY.  (a) IN NO EVENT WILL NETSCAPE OR ITS
SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DIRECT DAMAGES WITH
RESPECT SOLELY TO ANY DATABASE PRODUCT PROVIDED WITH THE PRODUCT,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF, AND REGARDLESS OF WHETHER ANY CLAIM IS BASED UPON ANY
CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY.  (b) WITH THE
EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF
NETSCAPE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION, IN
NO EVENT WILL NETSCAPE OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR
ANY AMOUNTS IN THE AGGREGATE IN EXCESS OF THE LICENSE FEES RECEIVED
BY NETSCAPE FROM LICENSEE HEREUNDER FOR THE PRODUCT GIVING RISE TO
SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY OR INVALIDITY OF SUBSECTION (a) ABOVE.  SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT BE APPLICABLE.  LICENSEE IS SOLELY RESPONSIBLE
FOR ANY LIABILITY ARISING OUT OF ANY CONTENT PROVIDED BY LICENSEE
AND/OR ANY MATERIAL TO WHICH USERS CAN LINK THROUGH SUCH CONTENT.
ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM NETSCAPE IS FOR
TESTING USE ONLY AND NETSCAPE HEREBY DISCLAIMS ANY AND ALL
LIABILITY ARISING THEREFROM.

7. ENCRYPTION.  If Licensee wishes to use the cryptographic
features of the Product, then Licensee may need to obtain and
install a signed digital certificate from a certificate authority
or a certificate server in order to utilize the cryptographic
features.  Licensee may be charged additional fees for
certification services.  Licensee is responsible for maintaining
the security of the environment in which the Product is used and
the integrity of the private key file used with the Product.  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
Licensee is sending or receiving digital certificates, Licensee is
responsible for familiarizing itself with and evaluating such terms
and limitations.  If the Product is a version with FORTEZZA,
Licensee will need to obtain PC Card Readers and FORTEZZA Crypto
Cards from another vendor to enable the FORTEZZA features.

8. EXPORT CONTROL.  Licensee agrees to comply with all export laws
and restrictions and regulations of the U.S. Department of State,
Department of Commerce or other United States or foreign agency or
authority, and not to export or re-export the Product or any direct
product thereof in violation of any such restrictions, laws or
regulations, or without all necessary approvals.  Neither the
Product nor the underlying information or technology may be
downloaded or otherwise exported or re-exported (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 Product,
Licensee agrees to the foregoing and represents and warrants that
it is not located in, under the control of, or a national or
resident of any such country or on any such list.  As applicable,
each party shall obtain and bear all expenses relating to any
necessary licenses and/or exemptions with respect to its own export
of the Product from the U.S. If the Product is identified as being
not-for-export (for example, on the box, media or in the
installation process), then, unless Licensee has 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 PRODUCT 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 PRODUCT, LICENSEE AGREES TO THE FOREGOING AND WARRANTS THAT IT
IS NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN
PERSON."

9. HIGH RISK ACTIVITIES.  The Product 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 Product could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk
Activities").  Accordingly, Netscape and its suppliers specifically
disclaim any express or implied warranty of fitness for High Risk
Activities.  Licensee agrees that Netscape and its suppliers will
not be liable for any claims or damages arising from the use of the
Product in such applications.

10. U.S. GOVERNMENT END USERS.  The Product 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 Product with only those rights set forth herein.

11. NOTICES.  Any notice required or permitted hereunder shall be
in English, in writing and shall be deemed to be properly given
upon the earlier of (i) actual receipt by the addressee (including
facsimile or e-mail) or (ii) 5 business days after deposit in the
mail, postage prepaid, when mailed by registered or certified
airmail, return receipt requested, or (iii) 2 business days after
being sent via private industry courier to the respective parties
at the addresses set forth in the Order Form or to such other
person or address as the parties may designate in a writing.
Notices to Netscape shall be to the attention of the Legal
Department, at Netscape Communications Corporation, 501 East
Middlefield Road, Mountain View, CA 94043, USA.

12. EDUCATIONAL USERS.  If Licensee is a qualifying educational or
nonprofit institution within the United States or Canada, certain
Netscape client and server products are available for free download
from the Netscape download site, and selected other client and
server products are available at an educational discount.
Qualifying educational institutions are grammar schools, junior
high schools and high schools; junior colleges, colleges and
universities that are accredited and issue two-year, four-year or
advanced degrees; public libraries; and state departments of
education.  Students, faculty and staff at qualifying educational
institutions are authorized to use the software products obtained
through an education program, for educational purposes only.  Only
charitable nonprofit organizations that have been preapproved by
Netscape qualify for free or discounted Netscape products.
Hospitals do not qualify for this program.  For more information on
programs for educational and nonprofit institutions, please visit
the following website:

http://home.netscape.com/comprod/business_solutions/education/index.html

13. MISCELLANEOUS.  (a) This Agreement constitutes the entire
agreement between the parties concerning the subject matter hereof
and supersedes all prior and contemporaneous agreements and
communications, whether oral or written, between the parties
relating to the subject matter hereof, and all past courses of
dealing or industry custom.  The terms and conditions hereof shall
prevail over any conflicting purchase order or other written
instrument submitted by Licensee.  (b) This Agreement may be
amended only by a writing signed by both parties.  (c) This
Agreement shall be governed by the laws of the State of California,
U.S.A., without reference to its conflict of law provisions.  (d)
Unless otherwise agreed in writing, all disputes relating to this
Agreement (excepting any dispute relating to intellectual property
rights) shall be subject to final and binding arbitration in Santa
Clara County, California, under the auspices of JAMS/EndDispute,
with the losing party paying all costs of arbitration.  (e) This
Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods.  (f) If any
provision in this Agreement should be held illegal or unenforceable
by a court having jurisdiction, such provision shall be modified to
the extent necessary to render it enforceable without losing its
intent, or severed from this Agreement if no such modification is
possible, and other provisions of this Agreement shall remain in
full force and effect.  (g) The controlling language of this
Agreement is English.  If Licensee has received a translation into
another language, it has been provided for Licensee's convenience
only.  (h) A waiver by either party of any term or condition of
this Agreement or any breach thereof, in any one instance, shall
not waive such term or condition or any subsequent breach thereof.
(i) The provisions of this Agreement which require or contemplate
performance after the expiration or termination of this Agreement
shall be enforceable notwithstanding said expiration or
termination.  (j) Licensee may not assign or otherwise transfer by
operation of law or otherwise this Agreement or any rights or
obligations herein without the prior express written consent of
Netscape, which will not be unreasonably withheld.  (k) This
Agreement shall be binding upon and shall inure to the benefit of
the parties, their successors and permitted assigns.  (l) If
applicable, this Agreement may be executed in counterparts or by
facsimile, each of which shall be deemed an original, and all of
which together shall constitute one and the same agreement.  (m)
Neither party shall be in default or be liable for any delay,
failure in performance (excepting the obligation to pay) or
interruption of service resulting directly or indirectly from any
cause beyond its reasonable control.  (n) The relationship between
Netscape and Licensee is that of independent contractors and
neither Licensee nor its agents shall have any authority to bind
Netscape in any way.  (o) If any dispute arises under this
Agreement, the prevailing party shall be reimbursed by the other
party for any and all legal fees and costs associated therewith.
(p) The headings to the sections of this Agreement are used for
convenience only and shall have no substantive meaning.

14. LICENSEE OUTSIDE THE U.S.  If Licensee is located outside the
U.S., then the provisions of this Section shall apply.  (i) Les
parties aux pr市ents confirment leur volontŽ que cette convention de
m仁e que tous les documents y compris tout avis qui sﾕy rattache,
soient redig市 en langue anglaise.  (translation: "The parties
confirm that this Agreement and all related documentation is and
will be in the English language.")  (ii) Licensee is responsible
for complying with any local laws in its jurisdiction which might
impact its right to import, export or use the Product, and Licensee
represents that it has complied with any regulations or
registration procedures required by applicable law to make this
license enforceable.


Netscape Client BETA Software EULA      Rev. 071098