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2000-01-17
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NetObjects, Inc.
NETOBJECTS FUSION SOFTWARE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
OPENING THE ACCOMPANYING SOFTWARE (THE "SOFTWARE") PACKAGE
OR CONTINUING WITH THE INSTALLATION PROCESS OF THE
SOFTWARE. BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON, OR
BY OPENING THE SOFTWARE PACKAGE, YOU AGREE TO BE BOUND BY
THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, CLICK THE "NO" OR "DECLINE"
BUTTON TO TERMINATE THE INSTALLATION PROCESS OR PROMPTLY
RETURN THE UNOPENED PACKAGE AND THE REST OF THE PRODUCT TO
YOUR SUPPLIER FOR A FULL REFUND.
1. License. If you have purchased a license to the Software,
NetObjects, Inc. ("NetObjects") grants you a non-exclusive
right and license to use the Software and the related
documentation (the "Documentation") as set forth in this
Agreement. You may use the Software on a single computer.
You may also use the Software on a second (portable or home)
computer so long as only one copy is used at a time. You may
make a single copy of the Software for backup and archival purposes
only provided that any copy must contain all proprietary notices
included in the original. You may use the Documentation to assist
in your use of the Software. If you download the Software without
physical delivery of Documentation, you may review the
Documentation online, but you may not make further copies of
the Documentation. You own the media on which the Software
is recorded, but not the Software itself or any copy of it.
This license is not a sale of the original or any copy of the
Software.
If you have obtained an evaluation copy of the Software,
and have not purchased a license to the Software, NetObjects
grants you a 15-day non-exclusive license to use the Software
free of charge for the purpose of evaluating whether you wish
to purchase an ongoing license for the Software. WARNING:
Evaluation copies of the Software will become non-functional
fifteen (15) days following initial installation in your
computer. NetObjects disclaims all liability and
responsibility for any loss of data or other information
which may occur as a result thereof.
2. Copying, Transferring or Modifying Software. The Software
contains copyrighted material, trade secrets and other
proprietary intellectual property. You may not permit
concurrent use of the Software unless each user has an
applicable license. You may not permit other individuals to
use the Software except under the terms listed above. For the purposes of protecting NetObjects trade
secrets, you may not decompile, disassemble, reverse-engineer or otherwise display the Software in human-
readable form. You may not modify, translate, rent, lease, distribute or lend the
Software, and you may not sell to others the right to use the
Software on your computer. You may not remove any
proprietary notices or labels on the Software. You may not
copy, transfer, transmit, sublicense or assign this license
or the Software except as expressly permitted in this
Agreement. You agree that the terms of this paragraph apply
to the Software or any portion thereof, whether owned by
NetObjects or NetObjects' licensors, including without
limitation NetCarta Corporation.
3. License to Use Content. All artwork, graphics, icons,
media and other files contained in the Software, including without
limitation Sample Sites, Templates (AutoSites, Forms, Pages),
SiteStyles, Sample Content and Extras (collectively, the "Content"),
are copyrighted material owned by NetObjects or its licensors.
NetObjects grants you a non-exclusive right and license to:
(i) incorporate object code copies of the Content into your
own works created using the Software in accordance with the
Documentation, such as your own web site or a web site you
design for someone else (the "User Works"); (ii) duplicate
the Content to the extent it is embedded in the User Works,
in object code form only; (iii) and distribute or display the
Content to the extent it is embedded in the User Works, in
object code form only. You have no right to, and agree not
to, duplicate, distribute, display or use the Content or any
portion thereof (whether on a web site or through any other
medium, and whether separately or as part of another product
or work), other than as embedded in the User Works created
using the Software and as set forth in this Agreement.
4. GIF Licensing. This software contains GIF conversion
capability covered by Unisys US Patent Number 4,558,302 and
foreign counterparts, and may be used only for evaluation
purposes, unless you purchase a license for the Software.
5. Term. If you have purchased a license to the Software, this
Agreement and license are effective from the time you accept
the terms of this Agreement until this Agreement is
terminated. You may terminate this Agreement at any time by
destroying all copies of the Software. This Agreement will
terminate immediately and without further notice if you fail
to comply with any provision of this Agreement. All
obligations of confidentiality and restrictions on use, and
all other provisions that may reasonably be interpreted to
survive termination of this Agreement, will survive
termination of this Agreement for any reason. Upon
termination, you agree to destroy all copies of the Software.
If you have obtained an evaluation copy of the Software, and
have not purchased a license to the Software, this Agreement
and license are effective for a period of 15 days from the
date of installation of the Software.
6. Limited Warranty. If you have purchased a license to the
Software, if the Software is delivered using a computer
storage media such as a CD ROM or diskette, NetObjects
warrants that the media on which the Software is furnished
will be free from defects in materials and workmanship under
normal use for ninety (90) days from the date you received
the Software, as shown by your receipt. This warranty is
limited to you and is not transferable. This warranty does
not cover damage caused by improper use or neglect.
NetObjects' entire liability and your exclusive remedy shall
be, at NetObjects' option (i) to replace the defective media;
(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) to refund the license
fee you paid for the Software.
If you have obtained an evaluation copy of the Software, and
have not purchased a license to the Software, NetObjects
makes no warranties of any kind with respect to the media (if
any) on which the Software is furnished, and such media is
provided "as is" and without warranties of any kind.
7. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND
(EXCEPT AS PROVIDED IN SECTION 6) THE MEDIA UPON WHICH THE
SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. The entire risk as to the quality and performance
of the Software and the Documentation is with you. Should
the Software or the Documentation prove defective, you (and
not NetObjects or its distributors, licensors or dealers)
assume the entire cost of all necessary servicing or repair.
NetObjects does not warrant that the functions contained in
the Software will meet your requirements or operate in the
combination that you may select for use, that the operation
of the Software will be uninterrupted or error free, or that
defects in the Software will be corrected. No oral or
written statement by NetObjects or by a representative of
NetObjects shall create a warranty or increase the scope of
this warranty.
NETOBJECTS DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT
OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE
SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD
PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE
ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO
PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE
HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH
ACTIONS.
Any warranties that by law survive the foregoing disclaimers
shall terminate ninety (90) days from the date you received
the Software as shown by your receipt.
8. Limitation of Liability. YOUR SOLE REMEDIES AND NETOBJECTS'
ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL
NETOBJECTS OR ITS DISTRIBUTORS OR DEALERS BY LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE
THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY
LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
You agree that NetObjects and its distributors and dealers
will not be liable for defense or indemnity with respect to
any claim against you by any third party arising from your
possession or use of the Software or the Documentation.
In no event will NetObjects' total liability to you for all
damages, losses, and causes of action (whether in contract,
tort, including negligence, or otherwise) exceed the amount
you paid for this product.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
9. Export Control Laws. You agree to comply with all laws,
rules and regulations applicable to the export of the
Software or the Documentation. Specifically, you shall not
export, re-export or transship the Software or the
Documentation, or the direct product thereof, in violation of
any United States laws and regulations which may from time to
time be applicable. None of the Software or underlying
information or technology may be downloaded or otherwise
exported or re-exported (i) into (or to a national or
resident of) Cuba, Iran, Iraq, Libya, Serbia, Montenegro,
North Korea, 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 Order. 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.
10. High Risk Activities. The Software is not fault-tolerant and
is not designed, manufactured or intended for use or resale
as online equipment 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. NetObjects and
its suppliers specifically disclaim any express or implied
warranty of fitness for any high risk uses listed above.
11. Government Restricted Rights. For units of the Department of
Defense, use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013.
Contractor/manufacturer is NetObjects, Inc., 301 Galveston
Drive, Redwood City, California 94063.
If the Commercial Computer Software Restricted rights clause
at FAR 52.227-19 or its successors apply, the Software and
Documentation constitute restricted computer software as
defined in that clause and the Government shall not have the
license for published software set forth in subparagraph
(c)(3) of that clause.
The Software (i) was developed at private expense, and no
part of it was developed with governmental funds; (ii) is a
trade secret of NetObjects (or its licensor(s)) for all
purposes of the Freedom of Information Act; (iii) is
"restricted computer software" subject to limited utilization
as provided in the contract between the vendor and the
governmental entity; and (iv) in all respects is proprietary
data belonging solely to NetObjects (or its licensor(s)).
12. Governing Law and Interpretation. This Agreement shall be
interpreted under and governed by the laws of the State of
California, without regard to its rules governing the
conflict of laws. If any provision of this Agreement is held
illegal or unenforceable by a court or tribunal of competent
jurisdiction, the remaining provisions of this Agreement
shall remain in effect and the invalid provision deemed
modified to the least degree necessary to remedy such
invalidity.
13. Entire Agreement. This Agreement is the complete agreement
between NetObjects and you and supersedes all prior
agreements, oral or written, with respect to the subject
matter hereof.
If you have any questions concerning this Agreement, you may
write to NetObjects, Inc., Customer Service, 301 Galveston Drive,
Redwood City, California 94063.