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License.txt
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1997-01-20
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203 lines
NETOBJECTS
SOFTWARE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING
WITH THE INSTALLATION PROCESS OF THE ACCOMPANYING SOFTWARE
(the "Software"). BY CLICKING ON THE "OK" OR "ACCEPT" BUTTON,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT
ACCEPT" BUTTON TO TERMINATE THE INSTALLATION PROCESS AND PROMPTLY
RETURN THIS PACKAGE AND THE REST OF THE PRODUCT TO YOUR SUPPLIER
FOR A FULL REFUND.
PART I: EVALUATION LICENSE:
1. Evaluation License. NetObjects grants you a 30-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.
2. DISCLAIMER OF WARRANTY. THE SOFTWARE PROVIDED FOR EVALUATION
AND THE DOCUMENTATION 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 or dealers) assume the
entire cost of all necessary servicing or repair.
3. WARNING. The Software provided for evaluation purposes will become
non-functional thirty (30) 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.
4. GIF Licensing. This software contains GIF conversion capability
covered by Unisys US Patent Number 4,557,302 and foreign counterparts, and
may be used only for evaluation purposes.
PART II: TERMS APPLICABLE TO ALL LICENSES PAID:
1. License. NetObjects, Inc. ("NetObjects") grants you a non-exclusive
right and license to use the accompanying computer software (the "Software")
and the related documentation (the "Documentation") as set forth in this
Agreement. You may use the Software on a single computer. The Software may
also be used on a network, so long as each person accessing the Software
through the network has a copy licensed to that person. 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.
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. You may not
permit other individuals to use the Software except under the terms listed
above. 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.
3. Term. 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 will survive
termination of this Agreement. Upon termination, you agree to destroy all
copies of the Software.
4. Limited Warranty. 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.
THE SOFTWARE AND THE DOCUMENTATION 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
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.
5. Limitation of Liability. YOUR SOLE REMEDIES AND NETOBJECTS'
ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL
NETOBJECTS OR ITS DISTRIBUTORS OR DEALERS BE 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.
6. 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 direc