MacFormat UK 115/MF_UK_115_2.iso/Resources (classic)/Communicator™ 4.79 Complete/Netscape Installer/License

Text File | 2001-06-21 | 15.9 KB | 250 lines | [ttro/ttxt]

  NETSCAPE CLIENT PRODUCTS END-USER LICENSE AGREEMENT
                 Redistribution Or Rental Not Permitted

These terms apply to Netscape Communicator and Netscape Navigator

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE
NETSCAPE COMMUNICATOR OR NETSCAPE NAVIGATOR SOFTWARE (THE
"PRODUCT"), YOU ARE CONSENTING TO BE BOUND BY AND BECOME A
PARTY TO THIS AGREEMENT AS THE "LICENSEE."

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
YOU MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE, YOU MUST
NOT INSTALL OR USE THE PRODUCT, AND YOU DO NOT BECOME A LICENSEE
UNDER THIS AGREEMENT.

1.  LICENSE AGREEMENT.  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.
In this Agreement "Licensor" shall mean Netscape except under the
following circumstances: (i) if Licensee acquired the Product as a bundled
component of a third party product or service, then such third party shall
be Licensor; and (ii) if any third party software is included as part of the
Product installation and no license is presented for acceptance the first
time that third party software is invoked, then the use of that third party
software shall be governed by this Agreement, but the term "Licensor,"
with respect to such third party software, shall mean the manufacturer of
that software and not Netscape. With the exception of the situation described
in (ii) above, the use of any included third party software product shall be
governed by the third party's license agreement and not by this Agreement,
whether that license agreement is presented for acceptance the first time
that the third party software is invoked, is included in a file in electronic
form, or is included in the package in printed form. If more than one license
agreement was provided for the Product, and the terms vary, the order of
precedence of those license agreements is as follows: a signed agreement, a
license agreement available for review on the Netscape website, a printed or
electronic agreement that states clearly that it supersedes other agreements,
a printed agreement provided with the Product, an electronic agreement
provided with the Product.

2.  LICENSE GRANT.  Licensor grants Licensee a non-exclusive and
non-transferable license to reproduce and use for personal or internal
business purposes the executable code version of the Product, provided any
copy must contain all of the original proprietary notices. This license does not
entitle Licensee to receive from Netscape hard-copy documentation, technical
support, telephone assistance, or enhancements or updates to the Product.

3.  RESTRICTIONS.  Except as otherwise expressly permitted in this
Agreement, or in another Netscape agreement to which Licensee is a party such
as the Netscape Client Customization Kit License Agreement ("CCK License
Agreement"), the Netscape Mission Control Desktop License Agreement ("MCD
License Agreement") or a distribution agreement, such as the Netscape
Browser Distribution Program License Agreement, Licensee may not: (i)
modify or create any derivative works of the Product or documentation,
including customization, 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,
or otherwise transfer rights to the Product; (iv) remove or alter any
trademark, logo, copyright or other proprietary notices, legends, symbols or
labels in the Product; or (v) publish any results of benchmark tests run on
the Product to a third party without Netscape's prior written consent.
Licensee may only modify or customize the Product to the extent permitted in
the CCK or MCD License Agreement, as applicable.

4.  FEES.  There is no license fee for the Product. If Licensee wishes to
receive the Product on media, there may be a small charge for the media and
for shipping and handling. Licensee is responsible for any and all taxes.

5.  TERMINATION.  Without prejudice to any other rights, Licensor may
terminate this Agreement if Licensee breaches any of its terms and conditions.
Upon termination, Licensee shall destroy all copies of the Product.

6.  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 in or to such content.

7.  DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED FREE OF
CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE
ON AN UNINTERRUPTED BASIS, 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 LICENSOR
OR ITS AFFILIATES OR THEIR RESPECTIVE 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.

8.  LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES OR THEIR
RESPECTIVE SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, 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 THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH THE CLAIM IS BASED.  IN ANY CASE, LICENSOR'S
AND ITS AFFILIATES' ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF
THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE
FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF
THE PRODUCT RECEIVED BY LICENSOR UNDER A SEPARATE SUPPORT
AGREEMENT (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION
OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT NETSCAPE'S SOLE
DISCRETION (THE REPLACEMENT PRODUCT MAY NOT PERFORM ALL OF THE
FEATURES AND FUNCTIONS OF THE ORIGINAL PRODUCT), WITH THE
EXCEPTION OF LIABILITY RESULTING FROM DEATH OR PERSONAL INJURY
CAUSED BY THE NEGLIGENCE OF LICENSOR, TO THE EXTENT APPLICABLE LAW
PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.  SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.  NETSCAPE IS NOT RESPONSIBLE FOR
ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD
PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL
LINKED THROUGH SUCH CONTENT.

9.  DIGITAL CERTIFICATES.  The Product supports certain cryptographic
and authentication features, including but not limited to Secure Sockets Layer
communications, that may require the installation and/or use of a digital
certificate.  Digital certificates are issued, validated, and revoked by
third-party certification authorities ("CAs") over which Netscape has no
control.  Licensee is solely responsible for familiarizing itself with the terms
and conditions established by a CA for the use of, or reliance upon, its digital
certificates, including but not limited to any obligation of Licensee to validate a
digital certificate, maintain the security of a cryptographic key or password,
or pay fees for certification services.  Netscape has preloaded digital
certificates of certain CAs into the Product in order to facilitate the
recognition of digital certificates that such CAs have issued to persons,
organizations, or devices (including software code).  LICENSEE IS SOLELY
RESPONSIBLE FOR ANY DECISION TO USE OR RELY UPON A DIGITAL
CERTIFICATE,  INCLUDING THOSE DIGITAL CERTIFICATES THAT NETSCAPE HAS
PRELOADED INTO THE PRODUCT.  NETSCAPE BEARS NO RESPONSIBILITY FOR
THE VALIDITY OR ACCURACY OF ANY DIGITAL CERTIFICATE, OR FOR THE
SECURITY OR INTEGRITY OF ANY TRANSACTION OR COMMUNICATION
AUTHENTICATED BY A DIGITAL CERTIFICATE.

10.  EXPORT / IMPORT.  Licensee agrees to comply with all export and
import laws and restrictions and regulations of the United States and foreign
countries, and not to export, re-export or import the Product or any direct
product thereof in violation of any such restrictions, laws or regulations, or
without all necessary authorizations.  Neither the Product nor the underlying
information or technology may be downloaded or otherwise exported or
re-exported (i) to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the
Taliban-controlled areas of Afghanistan, or any other country subject to U.S.
trade sanctions applicable to the Product, to individuals or entities controlled
by such countries, or to nationals or residents of such countries other than
nationals who are lawfully admitted permanent residents of countries not
subject to such sanctions; or (ii) to any named party or individual on the U.S.
Department of Treasury, Office of Foreign Assets Control list of Specially
Designated Nationals and Blocked Persons, and the U.S. Department of
Commerce, Bureau of Export Administration Denied Persons List or Entity
List.  By downloading or using the Product, Licensee agrees to the foregoing
and represents and warrants that it complies with these conditions.

11.  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, Licensor and its suppliers specifically disclaim any
express or implied warranty of fitness for High Risk Activities. Licensee
agrees that Licensor and its suppliers will not be liable for any claims or
damages arising from the use of the Product in such applications.

12.  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.

13.  MISCELLANEOUS.  (a) This Agreement constitutes the entire
agreement between the parties concerning the subject matter hereof.  (b) This
Agreement may be amended only by a writing signed by both parties.  (c)
Except to the extent applicable law, if any, provides otherwise, this Agreement
shall be governed by the laws of the Commonwealth of Virginia, U.S.A.,
excluding its conflict of law provisions.  (d) Unless otherwise agreed in
writing, all disputes relating to this Agreement are subject to the exclusive
jurisdiction of the courts of Virginia and you expressly consent to the exercise
of personal jurisdiction in the courts of Virginia in connection with any such
dispute including any claim involving Netscape or its affiliates, subsidiaries,
employees, contractors, officers and directors.  (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 of competent 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 except in the case of a merger
or the sale of all or substantially all of Licensee's assets to another entity.  (k)
This Agreement shall be binding upon and shall inure to the benefit of the
parties, their successors and permitted assigns.  (l) 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.  (m) The relationship between
Licensor and Licensee is that of independent contractors and neither Licensee
nor its agents shall have any authority to bind Licensor in any way.  (n) 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.
(o) If any Netscape professional services are being provided, then such
professional services are provided pursuant to the terms of a separate
Professional Services Agreement between Netscape and Licensee. The parties
acknowledge that such services are acquired independently of the Product
licensed hereunder, and that provision of such services is not essential to the
functionality of such Product.  (p) The headings to the sections of this
Agreement are used for convenience only and shall have no substantive
meaning.  (q) Licensor may use Licensee's name in any customer reference
list or in any press release issued by Licensor regarding the licensing of the
Product and/or provide Licensee's name and the names of the Product licensed
by Licensee to third parties.

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 présentés
confirment leur volonté que cette convention de même que tous les documents
y compris tout avis qui s'y rattaché, soient redigés 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.


Client Products EULA                                                               Rev.  05-02-01