This Agreement sets forth the terms and conditions of your use of the accompanying Netscape ONE SDK software. Any third party software that is provided with the Netscape ONE SDK software with such third party’s license agreement (in either electronic or printed form) is included for use at your option. If you choose to use such software, then such use shall be governed by such third party’s license and not by this Agreement. As used in this Agreement, for residents of Europe, the Middle East and Africa, "Netscape" shall refer to Netscape Communications Ireland Limited; for residents of Japan, "Netscape" shall refer to Netscape Communications (Japan), Ltd.; for residents of all other countries, "Netscape" shall refer to Netscape Communications Corporation.
GRANT. Subject to the provisions contained herein, Netscape Communications Corporation ("Netscape") hereby grants to you a non-exclusive license to copy and use the components ("Components") that comprise the Netscape ONE SDK. You may not redistribute any of the Components except for those Components listed as Redistributable Elements in the "redist.txt" file included in the Netscape ONE SDK. Your redistribution of the Redistributable Elements is subject to the following restrictions and any supplemental restrictions in the "redist.txt" file for that Component: (i) you may reproduce and redistribute the Redistributable Elements in object code form only (if the applicable Redistributable Element is software), and only when incorporated into your software product which adds substantial and primary functionality to the Redistributable Elements, and (ii) you may not permit further redistribution of the Redistributable Elements by your end users. This license does not grant you any right to any enhancement or update to, or support or telephone assistance with respect to, any of the Components. Netscape may revise any of the Components from time to time without notice.
LIMITATIONS. You may not:
ENCRYPTION. If any of the Components contains cryptographic features, then you may wish to obtain a signed digital certificate from a certificate authority or a certificate server in order to utilize certain of the cryptographic features. You may be charged additional fees for certification services. You are responsible for maintaining the security of the environment in which the Components are used and the integrity of the private key file used with the Components. In addition, the use of digital certificates is subject to the terms specified by the certificate provider, and there are inherent limitations in the capabilities of digital certificates. If you are sending or receiving digital certificates, you are responsible for familiarizing yourself with and evaluating such terms and limitations.
DISCLAIMER OF WARRANTY. Each of the Components is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the Component is free of defects, merchantable, fit for a particular purpose or non-infringing The entire risk as to the quality and performance of the Components is borne by you. Should the Components prove defective or inaccurate, as the case may be, you and not Netscape or its suppliers assume the entire cost of any service and repair. In addition, the security mechanisms, if any, implemented by the Components have inherent limitations, and you must determine that each of the Components sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. No use of the Software without payment of license fees to Licensor is authorized hereunder except under this Disclaimer.
TITLE. Title, ownership rights, and intellectual property rights in all of the Components shall remain in Netscape and/or its suppliers. The Components are protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Components is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content.
TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. Upon termination of this License you agree to destroy all copies of the Components.
EXPORT CONTROLS. You may not download or otherwise export or reexport the Components or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. None of the Components 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, Sudan, 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 Components, 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, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Components.
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, EVEN IF NETSCAPE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. 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 Components are not fault-tolerant and are 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 Components 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. This Agreement represents the complete agreement concerning the license granted hereunder and may amended only by a writing executed by both parties. This license is personal to you and you agree not to assign your rights herein, and any attempted assignment by you shall be null and void. 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, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT END USERS. Each of the Components is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Components with only those rights set forth herein.