The Net Power 1997 February/NetPower_2-97.mdf/html/nettools/clients/license.txt

Text File | 1996-10-30 | 7KB | 143 lines

BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE
BOUND BY AND ARE BECOMING A PARTY TO 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.

NETSCAPE CHAT END USER LICENSE AGREEMENT
NO FEE VERSION
REDISTRIBUTION NOT PERMITTED

This license to the beta version of Netscape Chat will
expire one month after Netscape releases the production
version of Netscape Chat; you are not licensed to use
the product after that date.

GRANT. Netscape Communications Corporation ("Netscape")
hereby grants you a non-exclusive license to use its
accompanying software product ("Software") free of charge if
(a) you are a student, faculty member or staff member of an
educational institution (K-12, junior college or college) or
an employee of 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 is limited to 90 days.  Government
agencies are not considered charitable non-profit
organizations for purposes of this license agreement.  If
you do not fit within the description above, a license fee
is due to Netscape and no license is granted. If you are
using the Software free of charge, you will not be entitled
to support or telephone assistance.

If you fit within the above description, you may: use the
Software on any single computer; use the Software on a second
computer so long as the first and second computers are not
used simultaneously; or copy the Software for archival
purposes, provided any copy must contain all of the original
Software's proprietary notices.

You may not: permit other individuals to use the Software
except under the terms listed above; 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 (except for back-up purposes);
rent, lease, transfer or otherwise transfer rights to the
Software; or remove any proprietary  notices or labels on the
Software.

SOFTWARE. If you receive your first copy of the Software
electronically, and a second copy on media, the second copy
may be used for archival purposes only.  This license does
not grant you any right to any enhancement or update.

TITLE. Title, ownership rights, and intellectual property
rights in and to 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, ownership rights, and intellectual property
rights in and to the content accessed through the Software is
the property of the applicable content owner and may be
protected by applicable copyright or other law. This License
gives you no rights to such content.

DISCLAIMER OF WARRANTY. Since the Software is provided free
of charge, 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 mechanism implemented by the Software
has 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 STATES 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 FROM STATE TO STATE OR BY
JURISDICTION.

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 NETSCAPE'S LIST PRICE 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
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.

TERMINATION.  This license will terminate automatically if
you fail to comply with the limitations described above.  On
termination, you must destroy all copies of the Software.

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 Deny 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.

MISCELLANEOUS. This Agreement represents the complete
agreement concerning this license between the parties and
supersedes all prior agreements and representations between
them. It may be amended only by a writing executed by both
parties. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it
enforceable.  This Agreement shall be governed by and
construed under California law as such law applies to
agreements between California residents entered into and to
be performed within California, except as governed by Federal
law. 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, and in similar clauses in the NASA FAR
Supplement.  Contractor/manufacturer is Netscape
Communications Corporation, 501 East Middlefield Road,
Mountain View, CA 94043.