DOS/V Power Report 1996 December/VPR9612A.ISO/NETSCAPE/32/DATA.Z/netscape.exe/RCDATA/LICENSE

Text File | 1996-09-18 | 13KB | 288 lines

BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE
PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS
AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND
THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE
PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.

NETSCAPE NAVIGATOR END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED

This Agreement has 3 parts.  Part I applies if you have
not purchased a license to the accompanying software
(the "Software").  Part II applies if you have
purchased a license to the Software.  Part III applies
to all license grants.  If you initially acquired a copy
of the Software without purchasing a license and you
wish to purchase a license, contact Netscape
Communications Corporation ("Netscape") on the
Internet at http://www.netscape.com.

PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED
TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT.

Netscape grants you a non-exclusive license to use the
Software free of charge if (a) you are a student,
faculty member or staff member of an educational
institution (K-12, junior college, college or library)
or an employee of an organization which meets Netscape's
criteria for a charitable non-profit organization; or
(b) your use of the Software is for the purpose of
evaluating whether to purchase an ongoing license to the
Software.  The evaluation period for use by or on behalf
of a commercial entity is limited to 90 days; evaluation
use by others is not subject to this 90 day limit.
Government agencies (other than public libraries) are
not considered educational or charitable non-profit
organizations for purposes of this Agreement.  If you
are using the Software free of charge, you are not
entitled to hard-copy documentation, support or
telephone assistance.  If you fit within the description
above, you may use the Software in the manner described
in Part III below under "Scope of Grant."

DISCLAIMER OF WARRANTY.

Free of charge Software is provided on an "AS IS"
basis, without warranty of any kind, including without
limitation the warranties of merchantability, fitness
for a particular purpose and non-infringement.  The
entire risk as to the quality and performance of the
Software is borne by you.  Should the Software prove
defective, you and not Netscape assume the entire cost
of any service and repair.  In addition, the security
mechanisms implemented by Netscape software have
inherent limitations, and you must determine that the
Software sufficiently meets your requirements.  This
disclaimer of warranty constitutes an essential part of
the agreement.  SOME JURISDICTIONS DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER
MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS
THAT VARY BY JURISDICTION.

PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID

GRANT.  Subject to payment of applicable license fees,
Netscape grants to you a non-exclusive license to use
the Software and accompanying documentation
("Documentation") in the manner described in Part III
below under "Scope of Grant."

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 mechanisms implemented by Netscape software
have 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 purchased a license to the
Software will Netscape be obligated to honor this
warranty.  Netscape will use reasonable commercial
efforts to repair, replace, advise or, for individual
consumers, 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
JURISDICTIONS 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 BY JURISDICTION.

PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS

SCOPE OF GRANT.

You may:
* use the Software on any single computer;
* use the Software on a network, provided that each
  person accessing the Software through the network
  must have a copy licensed to that person;
* use the Software on a second computer so long as only
  one copy is used at a time;
* copy the Software for archival purposes, provided any
  copy must contain all of the original Software's
  proprietary notices; or
* if you have purchased licenses for a 10 Pack or a 50
  Pack, make up to 10 or 50 copies, respectively, of
  the Software (but not the Documentation), provided
  any copy must contain all of the original Software's
  proprietary notices.  The number of copies is the
  total number of copies that may be made for all
  platforms.  Additional copies of Documentation may be
  purchased.

You may not:
* permit other individuals to use the Software except
  under the terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile,
  disassemble (except to the extent applicable laws
  specifically prohibit such restriction), or create
  derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or
  otherwise transfer rights to the Software; or
* remove any proprietary  notices or labels on the
  Software.

TITLE.

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

TERMINATION.

The license will terminate automatically if you fail to
comply with the limitations described herein.  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 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, 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.

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.  IN NO EVENT WILL NETSCAPE BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE AMOUNT NETSCAPE RECEIVED FROM
YOU FOR A LICENSE TO THE SOFTWARE, 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
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION 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").  Netscape and its suppliers
specifically disclaim any express or implied warranty of
fitness for High Risk Activities.

MISCELLANEOUS.

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.  This Agreement represents the
complete agreement concerning this license and may
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 (except
for conflict of law provisions).  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, or at 252.211-7015, or to
Netscape's standard commercial license, as applicable,
and in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is Netscape Communications
Corporation, 501 East Middlefield Road, Mountain View,
CA 94043.