linuxmafia.com 2016/linuxmafia.com.tar/linuxmafia.com/pub/linux/apps/licences/netscape-communicator-6.1-licence

Text File | 2001-10-19 | 17KB | 286 lines

NETSCAPE 6.1 END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted

These terms apply to Netscape 6.1

BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR USING THE NETSCAPE
6.1 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 NOT CLICK THE "ACCEPT" BUTTON, 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
(the "CCK 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 or as provided
by the Netscape Public License or Mozilla Public License for portions
of the product governed by those licenses); (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.

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.  USE AND AVAILABILITY OF OPEN SOURCE CODE.  Portions of Netscape
6.1 were created using source code governed by the Netscape Public
License (NPL) and the Mozilla Public License (MPL).  The source code
for the portions of Netscape 6.1 governed by the NPL and MPL is
available from http://www.mozilla.org under those licenses.

8.  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 OR ANY CONTRIBUTORS TO THE SOURCE CODE OF THE
PORTIONS OF NETSCAPE 6.1 AVAILABLE FROM HTTP://WWW.MOZILLA.ORG ("OPEN
SOURCE CONTRIBUTORS") 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.

9.  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 OR ANY OPEN SOURCE CONTRIBUTORS 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
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.  NETSCAPE IS NOT RESPONSIBLE FOR ANY LIABILITY,
WHETHER FOR INFRINGEMENT OR OTHERWISE, ARISING OUT OF THE USE OF THOSE
PORTIONS OF NETSCAPE 6.1 AVAILABLE FROM HTTP://WWW.MOZILLA.ORG.

10.  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.

11.  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/or 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.

12.  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, but not limited to, 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.

13. BROWSER DOWNLOAD AND INSTALLATION FEEDBACK.  When downloaded and
installed onto your computer, the Product may automatically send
information relating to the download and install process to Netscape.
Netscape may use the information for such purposes as improving the
reliability of the download and install process and improving its
services to users.  The information may include, for example, the
configuration of the Product downloaded and installed, conflicts or
errors encountered during the download and install process, conflicts
created during the download and install process based on the hardware
configuration encountered, or success of the download and install
process.  No user identifiable data is included in the information
sent to Netscape.

14.  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.

15.  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.

16.  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 presentes confirment leur volonte que cette convention de
meme que tous les documents y compris tout avis qui s'y rattache,
soient rediges 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.

Netscape 6.1 EULA
rev.  07-03-01