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IRIX 6.5 Applications 1999 May
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SGI IRIX 6.5 Applications 1999 May.iso
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nss_fasttrack.idb
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netscape
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license.txt.z
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license.txt
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1998-10-13
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20KB
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338 lines
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 SERVER 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 server software product (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. 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.
LICENSE GRANT. Licensor hereby grants to you a non-exclusive license to use
the Software and related documentation ("Documentation") according to the
provisions contained herein and subject to payment of applicable license
fees. Unless you have purchased a subscription for the Software, the
license granted under this Agreement does not grant you any right to any
enhancement or update to the Software.
You may:
* If you have purchased a license for SuiteSpot software, install one copy on
one platform of each included server product unless the information at the
following URL:
http://home.netscape.com/comprod/server_central/product/license_cal.html
states you have the right to make additional copies. We recommend that you
print out a copy of the page at the indicated URL as documentation of the
terms applicable to your license purchase.
* Install the Software on only one computer unless the information at the
following URL:
http://home.netscape.com/comprod/server_central/product/license_cal.html
states you have the right to make additional copies. We recommend that you
print out a copy of the page at the indicated URL as documentation of the
terms applicable to your license purchase.
* Run multiple instances of the Netscape Resource Description Server
software, if applicable, on multiple computers.
* If the Software contains an Informix database, run the Informix database
only on a single computer upon which the Software is installed. If the
Software is a server product other than Netscape Enterprise Server Pro
("Enterprise Pro") or LiveWire Pro, the Informix database may be used only
as a repository for the Software's data and may not be used for any other
purpose. The Informix database may be accessed only by tools intended for
use with the Software. If the Software is Enterprise Pro or LiveWire Pro,
you may also use the Informix database for additional purposes as further
described below in the Enterprise Pro and LiveWire Pro Database Rights and
Limitations section.
* Use the Visigenic VisiBroker development component of the Software on no
more than one computer by no more than one developer. The single allowed
developer may use both VisiBroker for C++ and VisiBroker for Java.
* Use the Visigenic runtime component of the Software to invoke object
implementations, provided that the invoking application (i) is one or more
components of the Software or (ii) interoperates with and runs on the same
computer as the Software.
* If the Software is Enterprise Pro, run the server-side JavaScript compiler
on an unlimited number of computers.
* If the Software contains header files, copy and use the header files solely
to create and distribute programs to interface with the server Application
Program Interfaces. You may not modify the header files.
* If the Software contains Java classes other than classes which are part of
the Software's programming interface ("Sample Java Classes"), copy and use
the Sample Java Classes solely to create and distribute programs to
interface with Netscape products.
* Make a single copy of the Software for archival purposes, provided the
copy contains all of the original Software's proprietary notices.
* Use the copy of Netscape Navigator software or Netscape Communicator
software provided with the Software solely for administering the Software.
* Use the "Powered By Netscape SuiteSpot" logo (the "Logo") on your web site
(internal or external) provided (i) the site operates on or utilizes the
Software (or at least one of the server products contained in SuiteSpot if
you have purchased a license for SuiteSpot software) and (ii) you agree to
the applicable terms and conditions of use described in the Logo usage
guidelines found at http://home.netscape.com/download/index.html. This
license does not grant you any rights to use the Logo on products or
services.
ENTERPRISE PRO AND LIVEWIRE PRO DATABASE RIGHTS AND LIMITATIONS.
If the Software is Enterprise Pro or LiveWire Pro, you have certain limited
rights to use the included database for purposes in addition to those described
above. These rights and limitations are:
Informix Database. If the Enterprise Pro or LiveWire Pro software includes
an Informix database, in addition to the rights and limitations described
above, the Informix database may be used only (i) for the purpose of
developing Netscape web server applications ("Web Server Applications");
and (ii) to reproduce and distribute a single copy of the runtime version
of the Informix database for use solely as a component of a Web Server
Application and only on a single computer for up to thirty-two (32)
connections (the "Deployment System"). A "connection" means a computer
process generated by the designated computer to service on-line users of
the Web Server Applications. A single connection may support a multitude of
users, the exact number of which depends on the particular circumstances.
Multiple Web Server Applications may reside on the Deployment System,
provided that all such applications access only the single copy of the
Informix database and all Web Server Applications together use no
more than thirty-two (32) connections. You may use the Informix database to
develop any number of Web Server Applications, but once you have
distributed a single runtime version of the Informix database in any one
Web Server Application, you may not distribute the Informix database in
another copy of that Web Server Application or as part of any subsequent
Web Server Application. In order to provide a database product as part of
your Web Server Application either you must purchase a separate LiveWire
Pro license for each recipient, or each recipient to whom you distribute a
Web Server Application must license its own copy of a database product. You
may not establish direct connections with the Informix database other than
through the Enterprise Pro or LiveWire Pro software or use the Informix
database for any purpose other than developing and executing Web Server
Applications.
Oracle Database. If the Enterprise Pro or LiveWire Pro software includes an
Oracle database you are licensed to run the Oracle database only on a
single computer upon which Enterprise Server software is installed for
internal business purposes, and only permitting access by up to ten named
users. The Oracle database may be used only for the purpose of developing
Web Server Applications, and for no other purpose. You may not distribute
the Oracle database with Web Server Applications. In order to provide a
database product as part of your Web Server Application either you must
purchase a separate database product license for each recipient, or each
recipient to whom you distribute a Web Server Application must license its
own copy of a database product. You may not establish direct connections
with the Oracle database other than through the Enterprise Pro or LiveWire
Pro software.
LIMITATIONS. You may not:
* permit other individuals to use the Software except under the terms listed
above;
* modify, translate, reverse engineer, decompile, disassemble (except 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;
* publish or provide any results of benchmark tests run on the Software to a
third party without Netscape's prior written consent;
* rent, lease, grant a security interest in, or otherwise transfer rights to
the Software; or
* remove any proprietary notices or labels from the Software.
FEES. The rights granted under this Agreement are only effective upon
payment of license fees. License fees for most Netscape server products
are based on the number of users accessing certain services or
functionality of the server product. User-based licensing applies to
these server products. Detailed information regarding user-based and
other types of licensing and license fees can be found at the following
URL:
http://home.netscape.com/comprod/server_central/product/license_cal.html.
We recommend that you print out a copy of the page at the indicated
URL as documentation of the terms applicable to your license purchase.
ENCRYPTION. If the Software contains cryptographic features, then you must
obtain a signed digital certificate from a certificate authority or a
certificate server in order to utilize the cryptographic features. You may
be charged additional fees for certification services. Following successful
installation of a digital certificate, your use of the Software's
cryptographic features will be enabled. 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 need to obtain PC Card Readers and Fortezza
Crypto Cards from another vendor to enable the Fortezza features.
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. 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.
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. Your obligations to pay accrued charges and
fees shall survive any termination of this Agreement.
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 licensed 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 OTHER 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"). 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.