Pulps on CDRom/Pulps on CDROM.iso/license.txt

Text File | 1998-05-27 | 18KB | 323 lines

Important Notice: This Netscape License Agreement Supersedes Any
Other Netscape Printed or Electronic License Agreement Accompanying
the Netscape Client Software Product You Have Acquired.

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.)

    NETSCAPE CLIENT 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 client software product(s)
(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 agreement and
not by this Agreement.  As used in this Agreement, for residents
of Europe, the Middle East and 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. 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 grants you a non-exclusive and
non-transferable license to use the Software and accompanying
documentation ("Documentation"), subject to the limitations
below. If the Software is Netscape Navigator, Netscape Navigator
Gold or Netscape Communicator Standard Edition software ("Standard
Software"), or it is Netscape Communicator Professional Edition
software which you are using for a limited time for the purpose of
evaluating whether to purchase an ongoing license to that product
("Evaluation Software"), there is no fee for this license. The
evaluation period for use of Evaluation Software by or on
behalf of a commercial entity is limited to ninety (90) days;
evaluation use by others is not subject to this ninety (90) day
limit. If the Software is any Netscape client software product
other than Standard Software or Evaluation Software, such as
Netscape Communicator Professional Edition, Netscape Communicator
Internet Access Edition, Netscape Communicator Deluxe Edition,
or Netscape Publishing Suite ("Professional Software"), this
license grant is subject to the 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. If you
are using Standard Software or Evaluation Software, you are
not entitled to hard-copy documentation, support or telephone
assistance unless the entity from which you received Standard
Software provides you with support. In addition, if the Software
was included with a third party product or service, you may use
the Software only with such product or service.

LIMITATIONS ON USE.

With respect to all Software, you may not:

     * modify, translate, reverse engineer, decompile, disassemble
     (except and solely to the extent an applicable statute
     expressly and specifically prohibits such restrictions),
     or create derivative works based on the Software;

     * rent, lease, grant a security interest in, or otherwise
     transfer rights to the Software; or

     * remove or alter any trademark, logo, copyright or other
     proprietary notices, legends, symbols or labels in the
     Software, or in copies you have made of the Software.

With respect to Professional Software, the following additional
restrictions apply. You may only:

     * use the Professional Software on a single computer, except
     that (i) it may also be used on a second computer if only
     one (1) copy is used at a time, and (ii) if the Professional
     Software is Netscape Communicator Professional Edition and
     was licensed by a company or organization for use by an
     employee, then you may allow that employee to use a copy
     of Netscape Communicator Professional Edition at home.
     The home copy can either be copied from the employee's
     computer at work or downloaded from the Netscape web site
     at no cost. You may not duplicate the Documentation for
     home users, and no technical assistance will be provided
     for home use;

     * use the Professional Software on a network if a licensed
     copy of the Professional Software has been acquired for
     each person permitted to access the Professional Software
     through the network;

     * make a single copy of the Professional Software for
     archival purposes, and the copy must contain all of the
     original Professional Software's proprietary notices; and

     * if you have purchased a license for multiple copies of
     the Professional Software, make the total number of copies
     of the Professional Software (but not the Documentation)
     stated on the packing slip(s), invoice(s), or Certificate(s)
     of Authenticity, provided any copy must contain all of the
     original Professional Software's proprietary notices. The
     number of copies on the packing slip(s), invoice(s), or
     Certificate(s) of Authenticity is the total number of copies
     that may be made for all platforms. Additional copies of
     Documentation may be purchased from Licensor.

DISCLAIMER OF WARRANTY FOR STANDARD AND EVALUATION SOFTWARE.
Standard Software and Evaluation Software are provided
on an "AS IS" basis, without warranty of any kind, including
without limitation the warranties that the Standard Software
and Evaluation Software are free of defects, merchantable,
fit for a particular purpose or non-infringing. The entire risk
as to the quality and performance of the Standard Software and
Evaluation Software is borne by you. Should the Standard Software
or Evaluation Software prove defective in any respect, you and not
Licensor or its suppliers assume the entire cost of any service
and repair. In addition, the security mechanisms implemented
by the Standard Software and Evaluation Software have inherent
limitations, and you must determine that the Standard Software
and Evaluation Software sufficiently meet your requirements. This
disclaimer of warranty constitutes an essential part of this
Agreement. No use of the Standard Software or Evaluation Software
is authorized hereunder except under this Disclaimer.

LIMITED WARRANTY FOR PROFESSIONAL SOFTWARE.  If license fees
have been paid, Licensor warrants that for a period of ninety
(90) days from the date of acquisition, the Professional
Software, if operated as directed, will substantially achieve
the functionality described in the Documentation.  Licensor does
not warrant, however, that your use of the Professional Software
will be uninterrupted or that the operation of the Professional
Software will be error-free or secure. In addition, the security
mechanisms implemented by the Professional Software have inherent
limitations, and you must determine that the Professional Software
sufficiently meets your requirements. Licensor also warrants that
the media containing the Professional 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 Professional 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 Professional Software;
or (ii) to advise you how to achieve substantially the same
functionality with the Professional Software as described in
the Documentation through a procedure different from that set
forth in the Documentation; or (iii) for individual consumers,
if the above remedies are impracticable, to refund the license
fee you paid for the Professional Software. Repaired, corrected,
or replaced Professional Software and Documentation shall be
covered by this limited warranty for the period remaining under
the warranty that covered the original Professional Software,
or if longer, for thirty (30) days after the date (a) of delivery
to you of the repaired or replaced Professional Software, or (b)
Licensor advised you how to operate the Professional Software
so as to achieve substantially the same functionality described
in the Documentation.

Only if you inform Licensor of your problem with the
Professional Software during the applicable warranty period
and provide evidence of the date you purchased a license to the
Professional 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 Professional 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 Professional Software is used
on or in conjunction with hardware or software other than the
unmodified version of hardware and software with which the
Professional Software was intended 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.

ENCRYPTION.  If the Software contains cryptographic features,
then you may wish to obtain a signed digital certificate from a
certificate authority or a certificate server in order to
utilize certain of the cryptographic features. You may be
charged additional fees for certification services. 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 also need to obtain PC
Card Readers and FORTEZZA Crypto Cards to enable the FORTEZZA
features.

TITLE.  Title, ownership rights, and intellectual property rights
in the Software and Documentation shall remain in Netscape
and/or its suppliers.  You acknowledge 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
Software and Documentation. The Software and Documentation are
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, and you represent that you have complied with
any regulations or registration procedures required by applicable
law to make this license enforceable.

If the 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, WHETHER 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 THIRD 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"). Accordingly, 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. 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. 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.


Netscape Client Software EULA        Rev. 012798