Univers Mac Interactif 42/Univers Mac Interactif - Issue 42.iso/Internet/Netscape 1.0N/LICENSE

Text File | 1994-12-16 | 8KB | 142 lines

                         END USER LICENSE AGREEMENT

                    FREE EDUCATIONAL AND EVALUATION USE

GRANT.  Subject to the provisions contained herein, Netscape
Communications Corporation ("Netscape") hereby grants you a
non-exclusive license to use its accompanying proprietary 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 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. If you do not fit within
the description above, a license fee is due to Netscape and no license
is granted herein.  If you are using a free version of the Software,
you will not be entitled to support or telephone assistance.

SOFTWARE AND DOCUMENTATION.  Netscape shall furnish the Software to you
electronically or on media in machine-readable object code form.  If
you receive your first copy of the Software electronically, and a
second copy on media, the second copy may be used for backup and
archive purposes only.  This license does not grant you any right to
any enhancement or update to the Software and Documentation.
Enhancements and updates, if available, may be obtained by you at
Netscape's then-current standard pricing, terms, and conditions.

RESTRICTED USE.  You may not copy the software, except for backup or
archival purposes.  Any such copy made by you shall be subject to this
Agreement and shall contain all of Netscape's notices regarding
copyrights, trademarks and other proprietary rights as contained in the
Software originally provided to you.  You may not lend, rent, lease or
otherwise transfer the Software.  The Software is protected by the
copyright laws of the United States and international copyright
treaties.

TITLE.  Title, ownership rights, and intellectual property rights in
and to the Software and Documentation shall remain in Netscape and/or
its suppliers.  This Agreement does not include the right to sublicense
the Software and is personal to you and therefore may not be assigned
(by operation of law or otherwise) or transferred without the prior
written consent of Netscape.  You acknowledge that the Software in
source code form remains a confidential trade secret of Netscape and/or
its suppliers and therefore you agree not to attempt to decipher,
decompile, disassemble or reverse engineer the Software or allow others
to do so, except to the extent applicable laws specifically prohibit
such restriction.  You further agree not to modify or create derivative
works of the Software.

CONTENT.  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.

EXPORT CONTROLS.  You may not download or otherwise export or reexport
the Software or any underlying information or technology except in full
compliance with all United States and other applicable laws and
regulations.  In particular, but without limitation, 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, Haiti, 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.

TERMINATION.  Either party may terminate this Agreement immediately in
the event of default by the other party.  Upon any termination of this
Agreement, you shall immediately discontinue the use of the Software
and shall within ten (10) days return to Netscape all copies of the
Software and Documentation.  You may also terminate this Agreement at
any time by destroying the Software and Documentation and all copies
thereof.  Your obligations to pay accrued charges and fees shall
survive any termination of this Agreement.

MISCELLANEOUS.  This Agreement represents the complete and exclusive
statement of the agreements 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.  THE
ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NETSCAPE
AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS
AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.  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, and such decision shall not affect the enforceability (i)
of such provision under other circumstances or (ii) of the remaining
provisions hereof under all circumstances.  Headings shall not be
considered in interpreting this Agreement.  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 entirely within California, except as governed by Federal
law.  This Agreement will not be governed by the United Nations
Convention of Contracts for the International Sale of Goods, the
application of which is hereby 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.

Netscape Communications Corporation
501 East Middlefield Road
Mountain View, CA 94043
phone: [phone]
fax:   [phone]