BEFORE YOU CLICK ON THE "Accept" BUTTON CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. 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 "Do Not Accept" BUTTON, AND EXIT THE SOFTWARE INSTALLATION AND USE.
1. Subject to the terms of this Agreement, Infoseek Corporation ("Infoseek") grants to you ("You") a non-exclusive license to distribute in its entirety, without change, reproduce and use the Express by Infoseek Installer (for Windows 95 and NT: Esetup.exe) (the "Software") in binary executable form only. You are expressly prohibited from reselling the Software.
2. All right, title and interest (including copyright) in and to the Software shall remain in Infoseek and/or its licensors. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the source code of the Software remains a confidential trade secret of Infoseek and/or its licensors, and therefore You agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction. Any trademark, trade name, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in the Software provided to You shall not be removed or altered and shall be accurately reproduced by You on any and all copies of the Software.
3. WARRANTY DISCLAIMER: INFOSEEK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED FREE OF CHARGE 'AS IS'. TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW INFOSEEK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. INFOSEEK SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. INFOSEEK MAKES NO REPRESENTATION THAT THE SOFTWARE IS ERROR-FREE OR THAT INFOSEEK WILL SUPPORT THE SOFTWARE AND/OR WILL ISSUE UPDATES TO THE SOFTWARE. THESE EXCLUSIONS MAY NOT BE EFFECTIVE IN CERTAIN JURISDICTIONS, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
4. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives You no rights to such content. Use of and access to any Infoseek service and/or any third party service through the use of the Software shall be subject to the restrictions, disclaimers and all other terms and conditions respectively applicable to any such service(s).
5. 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 Infoseek Corporation, 1399 Moffett Park Drive, Sunnyvale, CA 94089.
6. 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.
7. IN NO EVENT WILL INFOSEEK OR ITS LICENSORS BE LIABLE (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING IN ANY WAY OUT OF ANY BREACH OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF INFOSEEK SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR DESTRUCTIVE PROPERTIES OF THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FUTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
8. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale in conjunction with 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 Software could lead directly to death, personal injury, or severe physical or environmental damage (High Risk Activities). Infoseek specifically disclaims any express or implied warranty of fitness for High Risk Activities. You will not knowingly use the Software for High Risk Activities.
9. This License Agreement is personal to You and You agree not to assign Your rights herein. The term of the license granted herein is perpetual unless terminated upon default or as otherwise set forth herein. You may terminate this Agreement and the license hereunder at any time by destroying or erasing Your copy of the Software, including backup copies. Such license and this Agreement will also terminate automatically upon Your breach of any provision of this Agreement. Upon any such termination You must immediately destroy or erase all complete and partial copies of the Software, including all backup copies hereof. Infoseek may terminate this License at any time upon notification to You and You may terminate this License at any time by destroying or erasing Your copy of the Software. Upon termination, the following sections of this License will survive: 2, 3, 4, 5, 6, 7, 8 and 9. This License shall be governed by and construed in accordance with the laws of the State of California and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between You and Infoseek.
10. THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND INFOSEEK RELATING TO THE USE OF THE SOFTWARE.
11. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF APPLICABLE, "YOU" OR "YOUR" AS REFERRED TO HEREINABOVE MEANS THE ENTITY OR COMPANY (THE "COMPANY") AT WHICH THE SOFTWARE IS INSTALLED PURSUANT TO THIS AGREEMENT. IN SUCH EVENT, YOU WARRANT AND REPRESENT THAT AS THE INDIVIDUAL CLICKING ON THE "Accept" BUTTON BELOW AND/OR INSTALLING THE SOFTWARE YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY.
Copyright ⌐ 1996-98 Infoseek Corporation. All rights reserved. "Infoseek," "Express by Infoseek," "Infoseek Quickseek," and the Infoseek logo are trademarks of Infoseek Corporation which may be registered in certain jurisdictions.
