New York Knicks/New York Knicks.iso/browsers/ns/32/nav40.z/resdll.dll/RCDATA/LICENSE

Text File | 1998-03-24 | 18KB | 368 lines

Important Notice: This Netscape License Agreement
Supersedes Any Other Netscape Printed or Electronic
License Agreement Accompanying the Netscape Client
Software Product You Have Acquired.

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE
SOFTWARE, 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 BUTTON
THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT
INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE
PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.)

    NETSCAPE CLIENT SOFTWARE END USER LICENSE AGREEMENT
       REDISTRIBUTION OR RENTAL NOT PERMITTED

This Agreement sets forth the terms and conditions of
your use of the accompanying Netscape client software
product(s) (the "Software"). Any third party software
that is provided with the 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 agreement and not
by this Agreement.  As used in this Agreement, for
residents of Europe, the Middle East and Africa,
"Netscape" shall mean Netscape Communications Ireland
Limited; for residents of Japan, "Netscape" shall mean
Netscape Communications (Japan), Ltd.; for residents of
all other countries, "Netscape" shall mean Netscape
Communications Corporation. For purposes of this
Agreement, "Licensor" shall be defined as follows: If you
have acquired a third party product or service and such
product or service included the Software, then such third
party shall be the Licensor. Otherwise, Netscape shall be
the Licensor.

LICENSE GRANT.  Licensor grants you a non-exclusive and
non-transferable license to use the Software and
accompanying documentation ("Documentation"), subject to
the limitations below. If the Software is Netscape
Navigator, Netscape Navigator Gold or Netscape
Communicator Standard Edition software ("Standard
Software"), or it is Netscape Communicator Professional
Edition software which you are using for a limited time
for the purpose of evaluating whether to purchase an
ongoing license to that product ("Evaluation Software"),
there is no fee for this license. The evaluation period
for use of Evaluation Software by or on behalf of a
commercial entity is limited to ninety (90) days;
evaluation use by others is not subject to this ninety
(90) day limit. If the Software is any Netscape client
software product other than Standard Software or
Evaluation Software, such as Netscape Communicator
Professional Edition, Netscape Communicator Internet
Access Edition, Netscape Communicator Deluxe Edition, or
Netscape Publishing Suite ("Professional Software"), this
license grant is subject to the payment of applicable
license fees. Unless you have purchased a subscription
for the Software, the license granted under this
Agreement does not grant you any right to any enhancement
or update to the Software. If you are using Standard
Software or Evaluation Software, you are not entitled to
hard-copy documentation, support or telephone assistance
unless the entity from which you received Standard
Software provides you with support. In addition, if the
Software was included with a third party product or
service, you may use the Software only with such product
or service.

LIMITATIONS ON USE.

With respect to all Software, you may not:

     * modify, translate, reverse engineer, decompile,
     disassemble (except and solely to the extent an
     applicable statute expressly and specifically
     prohibits such restrictions), or create derivative
     works based on the Software;

     * rent, lease, grant a security interest in, or
     otherwise transfer rights to the Software; or

     * remove or alter any trademark, logo, copyright or
     other proprietary notices, legends, symbols or
     labels in the Software, or in copies you have made
     of the Software.

With respect to Professional Software, the following
additional restrictions apply. You may only:

     * use the Professional Software on a single
     computer, except that (i) it may also be used on a
     second computer if only one (1) copy is used at a
     time, and (ii) if the Professional Software is
     Netscape Communicator Professional Edition and was
     licensed by a company or organization for use by an
     employee, then you may allow that employee to use a
     copy of Netscape Communicator Professional Edition
     at home.  The home copy can either be copied from
     the employee's computer at work or downloaded from
     the Netscape web site at no cost. You may not
     duplicate the Documentation for home users, and no
     technical assistance will be provided for home use;

     * use the Professional Software on a network if a
     licensed copy of the Professional Software has been
     acquired for each person permitted to access the
     Professional Software through the network;

     * make a single copy of the Professional Software
     for archival purposes, and the copy must contain all
     of the original Professional Software's proprietary
     notices; and

     * if you have purchased a license for multiple
     copies of the Professional Software, make the total
     number of copies of the Professional Software (but
     not the Documentation) stated on the packing
     slip(s), invoice(s), or Certificate(s) of
     Authenticity, provided any copy must contain all of
     the original Professional Software's proprietary
     notices. The number of copies on the packing
     slip(s), invoice(s), or Certificate(s) of
     Authenticity is the total number of copies that may
     be made for all platforms. Additional copies of
     Documentation may be purchased from Licensor.

DISCLAIMER OF WARRANTY FOR STANDARD AND EVALUATION
SOFTWARE.  Standard Software and Evaluation Software are
provided on an "AS IS" basis, without warranty of any
kind, including without limitation the warranties that
the Standard Software and Evaluation Software are free of
defects, merchantable, fit for a particular purpose or
non-infringing. The entire risk as to the quality and
performance of the Standard Software and Evaluation
Software is borne by you. Should the Standard Software or
Evaluation Software prove defective in any respect, you
and not Licensor or its suppliers assume the entire cost
of any service and repair. In addition, the security
mechanisms implemented by the Standard Software and
Evaluation Software have inherent limitations, and you
must determine that the Standard Software and Evaluation
Software sufficiently meet your requirements. This
disclaimer of warranty constitutes an essential part of
this Agreement. No use of the Standard Software or
Evaluation Software is authorized hereunder except under
this Disclaimer.

LIMITED WARRANTY FOR PROFESSIONAL SOFTWARE.  If license
fees have been paid, Licensor warrants that for a period
of ninety (90) days from the date of acquisition, the
Professional Software, if operated as directed, will
substantially achieve the functionality described in the
Documentation.  Licensor does not warrant, however, that
your use of the Professional Software will be
uninterrupted or that the operation of the Professional
Software will be error-free or secure. In addition, the
security mechanisms implemented by the Professional
Software have inherent limitations, and you must
determine that the Professional Software sufficiently
meets your requirements. Licensor also warrants that the
media containing the Professional Software, if provided
by Licensor, is free from defects in material and
workmanship and will so remain for ninety (90) days from
the date you acquired the Professional Software.
Licensor's sole liability for any breach of this warranty
shall be, in Licensor's sole discretion:  (i) to replace
your defective media or Professional Software; or (ii) to
advise you how to achieve substantially the same
functionality with the Professional Software as described
in the Documentation through a procedure different from
that set forth in the Documentation; or (iii) for
individual consumers, if the above remedies are
impracticable, to refund the license fee you paid for the
Professional Software. Repaired, corrected, or replaced
Professional Software and Documentation shall be covered
by this limited warranty for the period remaining under
the warranty that covered the original Professional
Software, or if longer, for thirty (30) days after the
date (a) of delivery to you of the repaired or replaced
Professional Software, or (b) Licensor advised you how to
operate the Professional Software so as to achieve
substantially the same functionality described in the
Documentation.

Only if you inform Licensor of your problem with the
Professional Software during the applicable warranty
period and provide evidence of the date you purchased a
license to the Professional Software will Licensor be
obligated to honor this warranty. Licensor will use
reasonable commercial efforts to repair, replace, advise
or, for individual consumers, refund pursuant to the
foregoing warranty within thirty (30) days of being so
notified.

If any modifications are made to the Professional
Software by you during the warranty period; if the media
is subjected to accident, abuse, or improper use; or if
you violate the terms of this Agreement, then this
warranty shall immediately terminate. This warranty shall
not apply if the Professional Software is used on or in
conjunction with hardware or software other than the
unmodified version of hardware and software with which
the Professional Software was intended to be used as
described in the Documentation.

THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY
MADE BY LICENSOR OR ITS SUPPLIERS. LICENSOR MAKES NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES'
RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO
THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF
STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED
TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO
EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY
UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE
NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER,
AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED
WARRANTY.

ENCRYPTION.  If the Software 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
Software is used and the integrity of the private key
file used with the Software. 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. If the Software is
a Netscape product with FORTEZZA, you will also need to
obtain PC Card Readers and FORTEZZA Crypto Cards to
enable the FORTEZZA features.

TITLE.  Title, ownership rights, and intellectual
property rights in the Software and Documentation shall
remain in Netscape and/or its suppliers.  You acknowledge
such ownership and intellectual property rights and will
not take any action to jeopardize, limit or interfere in
any manner with Netscape's or its suppliers' ownership of
or rights with respect to the Software and Documentation.
The Software and Documentation are protected by copyright
and other intellectual property laws and by international
treaties. Title and related rights in the content
accessed through the Software 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.  This Agreement and the license granted
hereunder will terminate automatically if you fail to
comply with the limitations described herein.  Upon
termination, you must destroy all copies of the Software
and Documentation. Your obligations to pay accrued
charges and fees shall survive any termination of this
Agreement.

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, 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 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. 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 Software, and you
represent that you have complied with any regulations or
registration procedures required by applicable law to
make this license enforceable.

If the Software is identified as a not-for-export product
(for example, on the box, media or in the installation
process), then, unless you have an exemption from the
United States Department of State, the following applies:
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN
CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY
NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY
FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S.
GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION,
ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT
RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING
THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU
ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR
UNDER THE CONTROL OF A "FOREIGN PERSON."

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR
OTHERWISE, SHALL LICENSOR 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 LICENSOR BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM
YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR 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 EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES.  The Software is not fault-tolerant
and is 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 Software could lead directly to death,
personal injury, or severe physical or environmental
damage ("High Risk Activities"). Accordingly, Licensor
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 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 NOT THOSE IN YOUR PURCHASE
ORDER. 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. Unless
otherwise agreed in writing, all disputes relating to
this Agreement (excepting any dispute relating to
intellectual property rights) shall be subject to final
and binding arbitration in Santa Clara County,
California, under the auspices of JAMS/EndDispute, with
the losing party paying all costs of arbitration. 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 of the United Nations Convention on Contracts
for the International Sale of Goods is expressly
excluded.

U.S. GOVERNMENT END USERS.  The Software 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 Software with only those
rights set forth herein.


Netscape Client Software EULA           Rev. 012798