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LICENSE
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1997-11-09
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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 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 and not by this
Agreement.
This Agreement has 3 parts. Part I applies if you have a
free of charge license to 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 free of charge and you wish to
purchase a license, contact Netscape Communications
Corporation ("Netscape") on the Internet at
http://home.netscape.com. 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.
PART I - TERMS APPLICABLE WHEN LICENSE FEES NOT (YET)
PAID (LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT
USE)
LICENSE GRANT. Licensor 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
university, or the international equivalent, or a
library), a staff member of a religious organization or
an employee of an organization which meets Licensor'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 ninety (90) days;
evaluation use by others is not subject to this ninety
(90) day limit. Government agencies (other than public
libraries) are not considered educational, religious 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 that
the Software is free of defects, merchantable, fit for a
particular purpose or non-infringing. The entire risk as
to the quality and performance of the Software is borne
by you. Should the 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 Software have
inherent limitations, and you must determine that the
Software sufficiently meets your requirements. This
disclaimer of warranty constitutes an essential part of
this Agreement. No use of the Software without payment of
license fees to Licensor is authorized hereunder except
under this Disclaimer.
PART II - TERMS APPLICABLE WHEN LICENSE FEES PAID
LICENSE GRANT. Subject to payment of applicable license
fees, Licensor 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. 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. Moreover, 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.
PART III - TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF LICENSE GRANT.
You may:
* use the Software on any single computer;
* use the Software on a second computer so long as only
one (1) copy is used at a time;
* use the Software on a network, provided that a licensed
copy of the Software has been acquired for each person
permitted to access the Software through the network;
* make a single copy the Software for archival purposes,
provided the copy contains all of the original Software's
proprietary notices; or
* if you have purchased a license for multiple copies of
the Software, make the total number of copies of 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
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.
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 and 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;
* rent, lease, grant a security interest in, or otherwise
transfer rights to the Software; or
* remove any proprietary notices or labels on the
Software.
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 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.
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 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 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. 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. 072197