Internet Publisher's Toolbox 1.0/Image.iso/toolbox/netscape/32bit/disk1/license

Text File | 1995-04-24 | 9KB | 200 lines

BY OPENING THE PACKAGE OR CLICKING ON THE "ACCEPT" BUTTON,
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 "DO NOT ACCEPT" BUTTON OR RETURN
THIS PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.


NETSCAPE NAVIGATOR END USER LICENSE AGREEMENT


GRANT. Netscape Communications Corporation ("Netscape")
hereby grants to you a non-exclusive license to use its
accompanying software product ("Software") and accompanying
documentation ("Documentation") on the following terms:


You may: use the Software on any single computer; use the
Software on a second computer so long as the first and second
computers are not used simultaneously; or copy the Software
for archival purposes, provided any copy must contain all of
the original Software's proprietary notices.


You may not: permit other individuals to use the Software
except under the terms listed above; modify, translate,
reverse engineer, decompile, disassemble (except to the
extent applicable laws specifically prohibit such
restriction), or create derivative works based on the
Software or Documentation; copy the Software or Documentation
(except for back-up purposes); rent, lease, transfer or
otherwise transfer rights to the Software or Documentation;
or remove any proprietary notices or labels on the Software
or Documentation.


SOFTWARE. If you receive your first copy of the Software
electronically, and a second copy on media, the second copy
may be used for archival purposes only.  This license does
not grant you any right to any enhancement or update.


TITLE. Title, ownership rights, and intellectual property
rights in and to the Software and Documentation shall remain
in Netscape and/or its suppliers. The Software is protected
by the copyright laws of the United States and international
copyright treaties.  Title, ownership rights, and
intellectual property rights in and to the content accessed
through the Software is the property of the applicable
content owner and may be protected by applicable copyright or
other law. This License gives you no rights to such content.


LIMITED WARRANTY. Netscape 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.  Netscape 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 mechanism
implemented by the Software has inherent limitations, and you
must determine that the Software sufficiently meets your
requirements.  Netscape also warrants that the media
containing the Software, if provided by Netscape, is free
from defects in material and workmanship and will so remain
for ninety (90) days from the date you acquired the Software.
Netscape's sole liability for any breach of this warranty
shall be, in Netscape's sole discretion: (i) to replace your
defective media; 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 shipment to you of the repaired or
replaced Software, or (b) Netscape advised you how to operate
the Software so as to achieve the functionality described in
the Documentation. Only if you inform Netscape of your
problem with the Software during the applicable warranty
period and provide evidence of the date you acquired the
Software will Netscape be obligated to honor this warranty.
Netscape will use reasonable commercial efforts to repair,
replace, advise or refund pursuant to the foregoing warranty
within 30 days of being so notified.


THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE
BY NETSCAPE.  NETSCAPE MAKES NO OTHER EXPRESS WARRANTY AND NO
WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE
DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD;
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO
NETSCAPE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. 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 be
terminated. 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 WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY
JURISDICTION.


LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NETSCAPE 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, OR FOR ANY DAMAGES IN EXCESS OF
NETSCAPE'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND
DOCUMENTATION, EVEN IF NETSCAPE 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 TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION.  FURTHERMORE, SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.


TERMINATION.  This license will terminate automatically if
you fail to comply with the limitations described above.  On
termination, you must destroy all copies of the Software and
Documentation.


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, Yugoslavia, 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 Deny 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, if the licensed Software is identified as  a
not-for-export product (for example, on the box, media or in
the installation process), then 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.


MISCELLANEOUS. This Agreement represents the complete
agreement concerning this license between the parties and
supersedes all prior agreements and representations between
them. It 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 CONTAINED IN YOUR PURCHASE
ORDER.  If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it
enforceable.  This Agreement shall be governed by and
construed under California law as such law applies to
agreements between California residents entered into and to
be performed within California, except as governed by Federal
law. The application the United Nations Convention of
Contracts for the International Sale of Goods is expressly
excluded.


U.S. Government Restricted Rights.  Use, duplication or
disclosure by the Government is subject to restrictions set
forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19 when
applicable, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS
252.227-7013, and in similar clauses in the NASA FAR
Supplement.  Contractor/manufacturer is Netscape
Communications Corporation, 501 East Middlefield Road,
Mountain View, CA 94043.