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LICENSE
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1996-03-13
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BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE, 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 OR RETURN THE PRODUCT TO
THE PLACE OF PURCHASE FOR A FULL REFUND.
NETSCAPE NAVIGATOR END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED
This Agreement has 3 parts. Part I applies if you have not purchased
a license to the accompanying software (the "Software"). Part II
applies if you have purchased a license to the Software. Part III
applies to all license grants. If you initially acquired a copy of
the Software without purchasing a license and you wish to purchase a
license, contact Netscape Communications Corporation ("Netscape") on
the Internet at http://www.netscape.com.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED
TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT.
Netscape grants you a non-exclusive license to use the Software free
of charge if (a) you are a student, faculty member or staff member of
an educational institution (K-12, junior college, college or library)
or an employee of an organization which meets Netscape's criteria for
a charitable non-profit organization; or (b) your use of the Software
is for the purpose of evaluating whether to purchase an ongoing\license
to the Software. The evaluation period for use by or on
behalf of a commercial entity is limited to 90 days; evaluation use by
others is not subject to this 90 day limit. Government agencies
(other than public libraries) are not considered educational or
charitable non-profit organizations for purposes of this Agreement. If
you are using the Software free of charge, you are not entitled to
hard-copy documentation, support or telephone assistance. If you fit
within the description above, you may use the Software in the manner
described in Part III below under "Scope of Grant."
DISCLAIMER OF WARRANTY.
Free of charge 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.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license fees, Netscape grants
to you a non-exclusive license to use the Software and accompanying
documentation ("Documentation") in the manner described in Part III
below under "Scope of Grant."
LIMITED WARRANTY.
Netscape 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. Netscape 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 Netscape software have inherent limitations,
and you must determine that the Software sufficiently meets your
requirements. Netscape also warrants that the media containing the
Software, if provided by Netscape, is free from defects in material
and workmanship and will so remain for ninety (90) days from the date
you acquired the Software. Netscape's sole liability for any breach of
this warranty shall be, in Netscape's sole discretion: (i) to replace
your defective media; 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 shipment to you of the repaired or replaced
Software, or (b) Netscape advised you how to operate the Software so
as to achieve the functionality described in the Documentation. Only
if you inform Netscape 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 Netscape be obligated to
honor this warranty. Netscape will use reasonable commercial efforts
to repair, replace, advise or, for individual consumers, refund
pursuant to the foregoing warranty within 30 days of being so
notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
NETSCAPE. NETSCAPE MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF
NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO
THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY
NOT APPLY TO YOU. NO NETSCAPE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED
TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
WARRANTY. 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 be terminated. 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 WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT.
You may:
* use the Software on any single computer;
* use the Software on a network, provided that each person accessing
the Software through the network must have a copy licensed to that
person;
* use the Software on a second computer so long as only one copy is
used at a time;
* copy the Software for archival purposes, provided any copy
must contain all of the original Software's proprietary notices; or
* if you have purchased licenses for a 10 Pack or a 50 Pack, make up
to 10 or 50 copies, respectively, of the Software (but not the
Documentation), provided any copy must contain all of the original
Software's proprietary notices. The number of copies is the total
number of copies that may be made for all platforms. Additional
copies of Documentation may be purchased.
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 and 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. On termination, you must destroy
all copies of the Software and Documentation.
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, 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.
In addition, if the licensed Software is identified as a
not-for-export product (for example, on the box, media or 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 IN EXCESS OF THE AMOUNT NETSCAPE RECEIVED FROM YOU FOR A
LICENSE TO THE SOFTWARE, 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.
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. This Agreement represents
the complete agreement concerning this license and may 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
(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 RESTRICTED RIGHTS. Use, duplication or disclosure by
the Government is subject to restrictions set forth in subparagraphs
(a) through (d) of the Commercial Computer-Restricted Rights clause at
FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS
252.227-7013, or at 252.211-7015, or to Netscape's standard commercial
license, as applicable, and in similar clauses in the NASA FAR
Supplement. Contractor/manufacturer is Netscape Communications
Corporation, 501 East Middlefield Road, Mountain View, CA 94043.