BELOW PLEASE FIND THE LICENSE AGREEMENTS WHICH GOVERN YOUR USE OF THE NETSCAPE NAVIGATOR FOR OS/2 VERSION 2.02 AND THE OS/2 UPDATE REQUIRED TO RUN THE NAVIGATOR FOR OS/2.
A) IBM LICENSE AGREEMENT FOR NETSCAPE'S NAVIGATOR FOR OS/2 VERSION 2.02
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM WILL ONLY LICENSE THE PROGRAM TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. REGARDLESS OF HOW YOU ACQUIRE THE PROGRAM (ELECTRONICALLY, PRELOADED, ON MEDIA OR OTHERWISE), BY USING IT YOU AGREE TO THESE TERMS.
The term "PROGRAM" means the original program and all whole or partial copies of it. A PROGRAM consists of machine-readable instructions. documentation and audio/visual content (such as images, text, recordings, or pictures), and related licensed materials.
I. LICENSE.
Subject to the terms and conditions of this Agreement, including, without limitation, the terms and conditions set forth below in Section VII "Additional Terms and Conditions" and Section VIII "Country Unique Terms", IBM grants to you a non-exclusive, non-transferable, non-assignable right, under the applicable IBM copyrights, to use one copy of the PROGRAM on only one machine at any one time.
You may not copy, modify or merge copies of the PROGRAM except as provided in this Agreement. You may not rent, lease, sell, sublicense, assign, distribute or otherwise transfer the PROGRAM except as provided in this Agreement. You may not reverse compile, reverse assemble or translate any part of the PROGRAM, except as specifically permitted by law without the possibility of contractual waiver.
II. COPYRIGHT.
The PROGRAM is licensed, not sold. The PROGRAM is owned by IBM or its Suppliers and is protected by United States copyright laws. You may make one copy of the PROGRAM for backup purposes. You must reproduce the copyright notice(s) on such copy of the PROGRAM.
III. TERM AND TERMINATION.
You may terminate your license to the PROGRAM at any time by destroying all of your copies of the PROGRAM. In addition, IBM may terminate your license to the PROGRAM if you fail to comply with all the terms and conditions of this Agreement. Upon termination, you agree to destroy all of your copies of the PROGRAM.
IV. NO WARRANTY.
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM. THE EXCLUSION ALSO APPLIES TO ANY OF IBM'S SUBCONTRACTORS, SUPPLIERS AND PROGRAM DEVELOPERS (COLLECTIVELY CALLED "SUPPLIERS").
V. LIMITATION OF LIABILITY.
IN NO EVENT WILL IBM OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOST SAVINGS, UNDER ANY PART OF THIS AGREEMENT EVEN IF IBM, OR ITS SUPPLIERS, HAVE BEENADVISED OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IBM WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
VI. GENERAL.
The laws of the country in which you acquired the PROGRAM govern this Agreement, except: (1) in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; (2) in Central Europe and Russia, the laws of
Austria govern this Agreement; (3) in Estonia, Latvia, and Lithuania, the laws of Finland govern this Agreement; (4) in Canada, the laws of the Province of Ontario govern this Agreement and (5) in the United States and Puerto Rico, and the People's Republic of China, the laws of the State of New York govern this Agreement. You agree to comply with all applicable governmental laws, regulations, orders and rules, including, without limitation, those that relate to the export of the PROGRAM. This Agreement is the complete and exclusive agreement regarding the PROGRAM and replaces any prior oral or written communications between you and IBM. For a change to be valid, both you and an authorized IBM representative must sign it.
VII. ADDITIONAL TERMS AND CONDITIONS
THE PROGRAM 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,COMMUNICATION SYSTEM, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE PROGRAM COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IBM, NETSCAPE AND THEIR SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
IBM will not provide any program services or technical support for the PROGRAM unless you have purchased a service contract with IBM. If you have purchased a service contract, the terms and conditions of that service contract will determine what services you are entitled to with respect to the PROGRAM.
VIII. COUNTRY UNIQUE TERMS
The following terms and conditions may replace or modify the terms and conditions set forth above if you acquired the PROGRAM in any of the countries set forth below.
AUSTRALIA:
No Warranty (Section IV): The warranties specified in this Section are in addition to any rights you may have under the Trade Practices Act or other legislation and are limited only to the extent permitted by the applicable legislation.
Limitation of Liability (Section V): The following paragraph is added to this Section: Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to: (a) where IBM supplied services, the cost of having services supplied again; or (b) where IBM supplied goods, the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
NEW ZEALAND:
No Warranty (Section IV): The warranties specified in this Section are in addition to any rights you may have under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which we provide, if you require the goods and services for the purposes of a business as defined in the Act.
GERMANY:
No Warranty (Section IV): The warranty for any IBM Program covers the functionality of the Program for its normal use. In case a Program is delivered without specifications, IBM will only warrant that the Program information correctly describes the Program and that the Program can be used according to the Program information. The minimum warranty period is six months.
Limitation of Liability (Section V): The limitations and exclusions specified in the Agreement will not apply to damages caused by us with intention or gross negligence. IBM is liable for assured characteristics.
IRELAND:
No Warranty (Section IV): Except as expressly provided in these terms and conditions, all statutory conditions, including warranties implied, but without prejudice to the generality of the foregoing all warranties implied by the Sale of Goods Act 1893 orthe Sale of Goods and Supply of Services Act 1980 are hereby excluded.
ITALY:
(Limitation of Liability (Section V): The clause is replaced by the following: Unless otherwise provided by mandatory law, IBM is not liable for any damages which might arise.
UNITED KINGDOM:
Limitation of Liability (Section V): Add the following paragraph at the end of the first paragraph: The limitation of liability will not apply to any breach of IBM's obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
*IBM is a registered trademark of International Business Machines Corporation.
** Netscape is a trademark of Netscape Communications Corporation
*** The PROGRAM contains technology licensed from Sun Microsytems, Inc.
B) IBM LICENSE AGREEMENT FOR THE OS/2 CODE UPDATE FOR THE NETSCAPE NAVIGATOR
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM WILL ONLY LICENSE THE PROGRAM TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. REGARDLESS OF HOW YOU ACQUIRE THE PROGRAM (ELECTRONICALLY, PRELOADED, ON MEDIA OR OTHERWISE), BY USING IT YOU AGREE TO THESE TERMS.
- YOU AGREE THAT YOU ARE A CURRENT LICENSEE OF OS/2 WARP VERSION 3, OS/2 WARP CONNECT, OS/2 WARP 4 OR OS/2 WARP SERVER;
- YOU MAY ONLY USE THE PROGRAM FOR MAINTENANCE PURPOSES;
- YOU MAY ONLY USE THE WIN-OS/2 VERSION OF THE PROGRAM, IF ANY, IF YOU ARE A CURRENT LICENSEE OF A VERSION OF OS/2 THAT INCLUDES WIN-OS/2;
- YOU AGREE THAT FOR EACH VALID OS/2 WARP VERSION 3, OS/2 WARP CONNECT, OS/2 WARP 4 AND OS/2 WARP SERVER LICENSE YOU POSSESS, YOU MAY MAKE A CORRESPONDING COPY OF THE PROGRAM FOR USE WITH THAT LICENSED COPY OF OS/2;
- YOU AGREE THAT THE TERMS AND CONDITIONS OF THE APPLICABLE ORIGINAL PROGRAM LICENSE AGREEMENTS YOU RECEIVED WITH OS/2 WARP VERSION 3, OS/2 WARP CONNECT, OS/2 WARP 4 AND OS/2 WARP SERVER SHALL APPLY TO, AND GOVERN YOUR USE OF, EACH COPY OF THE PROGRAM (I.E. IF YOU USE THE PROGRAM WITH OS/2 WARP SERVER, THE ORIGINAL OS/2 WARP SERVER PROGRAM LICENSE AGREEMENTS GOVERN), HOWEVER, RECEIPT OF THIS PROGRAM DOES NOT EXTEND ANY WARRANTIES OR SERVICES OUTLINED IN SUCH ORIGINAL PROGRAM LICENSE AGREEMENTS;
- YOU AGREE THAT YOUR USE OF EACH COPY OF THE PROGRAM IS CONDITIONED UPON YOU DESTROYING THOSE PORTIONS OF YOUR ORIGINAL COPIES OF OS/2 WARP VERSION 3, OS/2 WARP CONNECT, OS/2 WARP 4 AND OS/2 WARP SERVER THAT THE PROGRAM IS INTENDED TO REPLACE, IF ANY;
