The Net Power 1997 July/NETDisc0797.iso/pc/sponsors/earth/win95wm/license.txt

Text File | 1996-10-10 | 15KB | 235 lines

BY CLICKING THE "I AGREE" BUTTON AT THE END OF THIS DOCUMENT, OR
DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE
BOUND BY THE LICENSE AGREEMENT BELOW.  READ IT CAREFULLY.
THE FOLLOWING IS A SUMMARY OF A FEW OF ITS IMPORTANT TERMS.
Any disputes between the language of this summary and the language
of the license agreement itself shall be resolved in favor of the
license agreement itself.

Summary

1.  This Software is provided solely to facilitate your use of EarthLink
Network, Inc.'s ("EarthLink") Internet access service ("Service").  You are
being granted no rights to the use or possession of the Software other than
as an adjunct to the Service.  When you cease being a customer of EarthLink,
your rights in and to the use and possession of this Software will cease,
and this Software would then have to be returned to EarthLink or destroyed
by you.

2.  Your license to use this Software is dependent on your abiding by
EarthLink's Online Information Service Terms and Operating Rules, and by its
Acceptable Use Policies, both of which are available from EarthLink's home page.

3.  Neither EarthLink nor any of the people or companies involved in
bringing this Software to you are liable to you for any failures or faults
of the Software or of the Service.

End of Summary

EARTHLINK NETWORK TOTALACCESS(TM) SOFTWARE
END-USER FULL LICENSE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EARTHLINK NETWORK, INC.
("EARTHLINK").  BEFORE YOU OPEN THE PACKAGE CONTAINING THE MEDIA, OR CLICK
THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT, OR DOWNLOAD OR USE THE
SOFTWARE, CAREFULLY READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

ALSO CAREFULLY READ EARTHLINK'S ONLINE INFORMATION SERVICE AGREEMENT TERMS
AND OPERATING RULES AND EARTHLINK'S ACCEPTABLE USE POLICIES (AS MODIFIED BY
EARTHLINK FROM TIME TO TIME), WHICH ARE INCORPORATED INTO THIS AGREEMENT
(EXCEPT TO THE EXTENT THEY ARE INCONSISTENT WITH THIS AGREEMENT).
EARTHLINK'S ONLINE INFORMATION SERVICE AGREEMENT, AND ITS ACCEPTABLE USE
POLICIES, ARE ACCESSIBLE FROM EARTHLINK'S HOME PAGE.

USING THE SOFTWARE INDICATES THAT YOU ACCEPT THE TERMS OF THIS AGREEMENT.
BY OPENING THE PACKAGE, CLICKING ON THE "ACCEPT" BUTTON, DOWNLOADING OR
USING 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, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS SOFTWARE AND YOU
MUST CLICK THE "DO NOT ACCEPT" BUTTON OR RETURN THIS PRODUCT TO THE PLACE OF
PURCHASE FOR A FULL REFUND.

License Grant.  Subject to the provisions contained herein and payment of
applicable fees, EarthLink hereby grants to you a personal, non-exclusive,
non-transferable and nonassignable license (the "License") to use the
accompanying versions of the proprietary EarthLink Network TotalAccess(TM)
software suite, which may include one or more of the following programs:
Netscape« Communication Corporations Navigator(TM); and software
from Network TeleSystems, Inc. ("Software").  The Software is for
your own use, only on EarthLink Network's Internet Service and only when
all of the Software is used together on a single computer of which you are
the primary user.  The Software is protected by the copyright laws of the
United States and international copyright treaties.  Unauthorized copying of
the Software, including software that has been modified, merged or included
with the Software, or the associated written materials (the "Documentation")
is expressly forbidden.  You may not sublicense, assign or transfer this
License or the Software except as permitted by EarthLink.  Any attempt to
sublicense, assign or transfer any of the rights, duties or obligations
under this License is void.  You may not remove, obscure, or alter any
notice of patent, copyright, trademarks, trade secret or other proprietary
rights in the Software.  You may not transmit the Software from one computer
to another in a network or to serve multiple users.  You agree that Netscape
Communications Corporation and Network TeleSystems, Inc.
(collectively, "Licensors") are direct and intended third party
beneficiaries of this Agreement.

Limited Copies.  EarthLink shall furnish the Software to you electronically
or on media in machine-readable object code form.  Solely for your own
backup purposes, you may make a single copy of the Software in the same form
as provided to you.  This License does not grant you any right to any
enhancement or update to the Software.  Enhancements and updates, if
available, may be obtained by you at EarthLink's then-current standard
pricing, terms and conditions.

Restricted Use.  Any copy made by you as permitted hereunder for backup or
archival purposes shall be subject to this Agreement and shall contain all
the 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.

Title.  Title, ownership rights, and intellectual property rights in and to
the Software shall remain in EarthLink and/or its licensors and 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 EarthLink.
You acknowledge that the Software in source code form remains confidential
trade secrets of EarthLink and/or its Licensors and 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.

No Warranties.  EarthLink has made reasonable checks of the Software to
confirm that it will perform in normal use on compatible equipment
substantially as described in the then-current specifications for the
Software.  However, due to the inherently complex nature of computer
software, neither EarthLink, its Licensors, nor its suppliers, distributors,
resellers, or any parties with which EarthLink co-brands the Software
(collectively, "Providers") warrant that the Software or the Documentation
is completely error free, will operate without interruption, is compatible
with all equipment and software configurations, or will otherwise meet your
needs.  The Providers do not warrant that your use of the Software or access
to the Internet will be secure or uninterrupted or that the operation of the
Software will be error-free.  In addition, the security mechanism
implemented by the Software has inherent limitations, and you must determine
that the Software sufficiently meets your requirements.  ACCORDINGLY, THE
SOFTWARE AND ANY DOCUMENTATION ARE PROVIDED AS-IS, AND YOU ASSUME ALL RISKS
ASSOCIATED WITH THEIR USE.   THE PROVIDERS MAKE NO REPRESENTATIONS OR
WARRANTIES, EXPRESSED OR IMPLIED AND EXPRESSLY DISCLAIMS ANY WARRANTY WITH
RESPECT TO THE SOFTWARE OR THE DOCUMENTATION, INCLUDING, WITHOUT LIMITATION,
THEIR MERCHANTABILITY, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, ANY
WARRANTY OF THEIR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR THAT THE
SOFTWARE IS VIRUS FREE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY OR
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION BY APPLICABLE LAW.  TO
THAT EXTENT, ALL WARRANTIES, EXPRESS OR IMPLIED, WILL TERMINATE UPON THE
EXPIRATION OF 90 DAYS FOLLOWING DELIVERY OF THE SOFTWARE TO YOU.  IN NO
EVENT WILL THE PROVIDERS BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, USE, OR INFORMATION.
AS YOUR SOLE REMEDY FOR ANY BREACH OF WARRANTY, you may return to EarthLink
the original copies of the Software and Documentation (if any), along with
proof of purchase (if you purchased the Software) and any backup copies, for
replacement or (at EarthLink's choice) for a refund of the amount you paid,
provided the return is completed within 90 days following delivery of the
Software to you.   SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG AN
IMPLIED WARRANTY LASTS SO THIS LIMITATION MAY NOT APPLY TO YOU.  NO
DISTRIBUTOR, DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.  THIS AGREEMENT
GIVES YOU SPECIFIC LEGAL RIGHTS, 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 THE PROVIDERS BE LIABLE TO YOU OR ANY
OTHER PERSONS 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, OR FOR ANY DAMAGES IN EXCESS OF THE
PRICE PAID BY YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF ANY OF THE
PROVIDERS 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 OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Export Controls.  You may not download, use or otherwise export or re-export
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, used or otherwise exported or
re-exported (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.

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 similar clauses
in the NASA FAR Supplement.  Contractor/manufacturer is EarthLink Network,
Inc., 3100 New York Boulevard, Pasadena, California, 91107.

Termination. This Agreement shall immediately terminate without notice or
opportunity to oppose: (i) in the event of default by you of any term or
condition of this Agreement, the Online Information Service Agreement Terms
and Operating Rules, or the Acceptable Use Policies ("AUP") established
by EarthLink and updated by EarthLink from time to time, or (ii) if your
EarthLink Network Internet Service account expires or is terminated for
any reason including, without limitation, your failure to pay service fees
when due, your voluntary cancellation of your account, or EarthLink's or
any other party's involuntary cancellation of your account for any reason
whatsoever including but not limited to your failure to comply with any AUP.
Upon any termination of this Agreement the License shall immediately
terminate, you shall immediately discontinue the use of the Software and
shall, within five (5) days, return to EarthLink or destroy all copies of
the Software.  You may also terminate this Agreement at any time by
destroying the Software 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 EARTHLINK AGREES TO FURNISH THE SOFTWARE AND
DOCUMENTATION ONLY UPON THESE TERMS AND NOT ON THOSE TERMS 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.  EarthLink is not bound by any actions or statements of
its distributors, nor by any provision of any purchase order, receipt,
acceptance, confirmation, correspondence, or otherwise, unless EarthLink
specifically agrees in writing to same.

EarthLink Address.  EarthLink Network, Inc., 3100 New York Drive, Pasadena,
California 91107, [phone].

I Agree:  I agree to these terms.

Cancel:  I do not agree to these terms.


EarthLink Network TotalAccess(TM) is a trademark of EarthLink Network, Inc.
EarthLink Network« is a registered trademark of EarthLink Network, Inc.
Navigator(TM) is a trademark of the Netscape« Communications Corporation.
Netscape« is a registered trademark of Netscape Communications Corporation.

Copyright ⌐ 1996 EarthLink Network, Inc.