NETSCAPE SERVER BETA 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 THE DATE INDICATED IN THE SPECIFIC PRODUCT DOWNLOADED. 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 run multiple instances of the Software on a single computer system. If the Software contains header files, then Netscape also grants you a license to copy and use the header files solely to create and distribute programs to interface with the Netscape Server Application Program Interface. You may not modify the header files. You may not publish or provide any results of benchmark tests run on the Software to a third party without Netscape's prior written consent. 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.
ENCRYPTION. If the Software contains cryptographic features, then you must obtain a signed digital certificate from a certificate authority in order to utilize the cryptographic features. A certification authority may charge 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.
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 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 the copyright laws of the United States and international copyright 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. If you receive your first copy of the Software electronically and a second copy on media, the second copy may be used only for backup and archival purposes. This license does not grant you any right to any enhancement or update to the Software.
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. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. 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.
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. This license is personal to you and you agree not to assign your rights in herein, and any attempted assignment by you shall be null and void. 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.
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