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SGI Cosmo Software 1997 May
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SGI Cosmo Software 1997 May.iso
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netscape.idb
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license.z
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license
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Text File
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1997-05-23
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7KB
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134 lines
BY CLICKING ON THE "ACCEPT" BUTTON, 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.
NETSCAPE END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED
GRANT. Netscape grants you a non-exclusive license to use this Beta
version of the Netscape software (the "Software") free of charge for
evaluation and trial purposes only. THIS SOFTWARE CONTAINS CODE THAT
DISABLES MOST OF ITS FEATURES AFTER MARCH 31, 1997. This license
does not entitle you to hard-copy documentation, support or telephone
assistance. While Netscape intends to distribute a commercial release
of the Software, Netscape reserves the right at any time not to release
a commercial release of the Software or, if released, to alter prices,
features, specifications, capabilities, functions, licensing terms,
release dates, general availability or other characteristics of the
commercial release. You may make a single copy of the Software for
archival purposes, provided such copy must contain all of the original
Software's proprietary notices.
DISCLAIMER OF WARRANTY. The 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 or its suppliers 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.
LIMITATIONS. 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 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 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. Upon termination of this
license, or in any event within thirty (30) days following Netscape's
release of a commercial version of the Software, you agree to destroy
all copies of the Software.
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, if the licensed
Software is identified as a not-for-export product (for example, 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, 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. This Agreement represents the complete agreement
concerning this license and may amended only by a writing executed by
both parties. 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 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 Beta Client Software EULA Rev. 061796