BY CLICKING THE "YES" BUTTON YOU ARE INDICATING YOUR ASSENT TO BE BOUND AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON.
THE NETSCAPE NAVIGATOR SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY WHILE YOU ARE EITHER (I) SUBSCRIBING TO HARBINGER'S SERVICES AND/OR (II) LICENSING HARBINGER'S SOFTWARE PRODUCTS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE NETSCAPE NAVIGATOR SOFTWARE AND DOCUMENTATION WITH ANY OTHER SERVICE OR SOFTWARE PRODUCT IN THE EVENT OF, AND AFTER, TERMINATION OF YOUR SERVICES AND/OR SOFTWARE PRODUCTS RELATIONSHIP WITH HARBINGER.
DISTRIBUTION AND COPYING IS NOT PERMITTED.
ALL HTML WEB PAGES CREATED USING THIS LICENSED SOFTWARE PRODUCT MUST CONTAIN A HYPERTEXT LINK STATING: "Portions Copyright (c) 1996 Harbinger Corporation. All Rights Reserved. USE OF THESE WEB PAGES IS LIMITED BY THE LICENSE TERMS LOCATED AT: http://www.inp.net/license/terms.htm [click here to read LICENSE TERMS]".
THE LICENSE TERMS LOCATED AT http://www.inp.net/license/terms.htm PROVIDE AS FOLLOWS:
Portions of these web pages are copyrighted by Harbinger Corporation. Please respect the rights of Harbinger Corporation. Permission is given ONLY to view the material on these web pages and save that material ONLY for your future personal reading but do not further copy, modify, use or distribute in any way or create any derivative works unless you obtain the permission of Harbinger Corporation. Harbinger Corporation is not involved in creation of the contents of these web pages and is not able to inspect or confirm that the content of these web pages are correct or in compliance with applicable laws. HARBINGER CORPORATION DOES NOT MAKE ANY WARRANTIES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NONINFRINGEMENT. IN NO EVENT WILL HARBINGER CORPORATION BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE, OR DATA OR FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT.
LICENSE - Harbinger Corporation and its applicable affiliates and distributors ("Harbinger") hereby grants you ("End User") a limited, non-exclusive, non-transferable, personal use license for TrustedLink INP and its associated documentation ("Software", "Documentation", or jointly "Product") until termination of this License. If End User has not paid the applicable license fee for the Product at time of acceptance of this Agreement, End User's use of the Product hereunder shall be considered an evaluation until payment is received. End User agrees to promptly pay Harbinger the applicable license fee for the Product by credit card, direct debit or other such method as the parties may agree when such amount is due to Harbinger, which in the case of an evaluation shall be on or before the end of the evaluation period whose duration shall not exceed thirty (30) days from date of first use unless specifically agreed to in writing by Harbinger. End User may terminate this Agreement on or before the end of the evaluation period as provided for hereunder and without obligation to pay Harbinger the applicable license fee for the Product, however, TERMINATION FOR ANY REASON FOLLOWING THE EVALUATION PERIOD DOES NOT ALLEVIATE END USER FROM ITS OBLIGATION TO PAY HARBINGER ALL SUMS OWED, INCLUDING THE APPLICABLE LICENSE FEE FOR THE PRODUCT, THROUGH THE DATE OF TERMINATION. This license includes certain rights and obligations depending on your usage of the Product and limitations on your usage of the Product, more particularly described below. In the event that the End User is a corporation or other entity, then personal use shall mean an individual use by an End User at the corporation or other entity licensed under this Agreement.
Licenses are divided into two (2) categories: "Hosted End User", defined as an end user who operates the Software in conjunction with web-site hosting and Internet services provided by Harbinger, and "Non-Hosted End User", defined as an end user who does not operate the Software in conjunction with web-site hosting and Internet services provided by Harbinger.
Hosted End User Section.
As a Hosted End User, you are only licensed and you agree to:
1. operate the Software for the creation and maintenance of a single web-site that involves only one person, company or subject matter;
2. operate the Software for a period of not less than one (1) year from date of purchase only on a Harbinger Internet web server and in conjunction with web-site hosting and Internet access services provided by Harbinger ("Harbinger Web Host Services"), which Hosted End User shall pay for separately;
3. pay to Harbinger the difference between the Hosted End User license fee you previously paid and the Non-Hosted End User license fee in effect on the date you originally commenced use of the Product if you do not maintain and pay for Harbinger Web Host Services for at least one (1) year after you commence using the Product;
4. operate the Software on any single user computer that is not a network or Internet server or other computer that allows downloads or access ("Single User Computer");
5. operate the Software on any additional Single User Computer, but not simultaneously with another computer;
6. copy the Product for the purpose of creating a single backup, provided any such copy, complete or partial, must include Harbinger's original copyright, trade secret, trademark and other proprietary notice; and
7. use the Netscape Navigator software and documentation provided as part of the Software only while subscribing or licensing Harbinger's services and/or software products.
Non-Hosted End User Section.
As a Non-Hosted End User, you are only licensed and you agree to:
1. the terms for a Hosted End User (set forth in the immediately preceding Hosted End User Section) except item number 2 is not applicable to Non-Hosted End Users, but the following item is applicable instead; and
2. pay to Harbinger the Non-Hosted End User license fees in effect on the date of purchase (less a credit for any Hosted End User license fees you previously paid for that same period) if the Software is used in conjunction with web-site hosting or Internet access services provided by a party other than Harbinger Corporation, or if the Software is operated for a period of less than one (1) year from the date of purchase in conjunction with Harbinger Web Host Services.
As an End User, you agree not to:
- permit any others to use the Product for any purpose;
- use the Product to create HTML files for use by others as if they were an End User of the Product or for any other use;
- use the HTML files created by the Product to create HTML derivative works for others as if they were an End User of the Product;
- use the HTML files created by the Product or HTML derivative works from original HTML files created by the Product for personal use on a server or other medium other than provided for by the license category for which you have a personal use license;
- use the HTML files created by the Product or HTML derivative works from original HTML files created by the Product on more than one server simultaneously;
- operate the Software in a service bureau, network, online service, server or time-sharing arrangement or services for the benefit of any other party;
- rent, lease or otherwise transfer the license granted hereunder to others;
- copy the Product except as provided for above;
- modify, translate, disassemble, decompile, reverse engineer or create derivatives works based on the Product, except as permitted expressly by applicable law;
- remove any of Harbinger's or its supplier's original copyright, trade secret and other proprietary notices from the Product or copies; and,
- prepare a web page or HTML document that does not contain the copyright notice and license notification provision set forth above;
- place the Product on networks or online systems or allow download or copying of the Product; or
- use the Netscape Navigator software and documentation with any other service or software product in the event of, and after, termination of your services and software products relationship with Harbinger.
PRODUCT - If you received the initial copy of the Product electronically, and an additional copy on media, the second copy may be used for backup purposes only.
TITLE, OWNERSHIP, INTELLECTUAL PROPERTY RIGHTS - Title, ownership, patents, copyrights, trademarks, trade secrets, proprietary information and intellectual property rights for the Product, all copies of the Product, and HTML files and structure created by the Product, shall remain in Harbinger, except for any portions of the Product that Harbinger, under license agreements with others, has obtained personal use licenses for you. For any portions of the Product that Harbinger has obtained personal use licenses for you, title, ownership, patents, copyrights, trademarks, trade secrets, proprietary information and intellectual property rights in those portions shall remain with their respective owners, and such owners, including Netscape Communications Corporation, shall be third party beneficiaries of this Agreement with the right to rely on and directly enforce the terms of this Agreement with Licensee.
Harbinger acknowledges that you own the content you personally input ("User Input") into the Product to create HTML files, and conversely you acknowledge that the structure, commands and content of the HTML files created by the Product and the output of the Product are owned by Harbinger, except for the User Input. As such, you are expressly forbidden from creating or copying HTML files for use by others in any form or manner.
LIMITED WARRANTY - Harbinger warrants for sixty (60) days from date of acquisition that the Product, when operated as directed, will substantially conform to material portions of Harbinger's then-current published documentation. Harbinger does not warrant, however, that your use of the Software will be uninterrupted or error free. Harbinger also warrants that the media, if the Software is so supplied by Harbinger, is free from defects in material and workmanship and will so remain for sixty (60) days from the date you acquired the Software. If the Product or media is found to be defective, Harbinger's sole responsibility under this warranty shall be, at Harbinger's sole discretion, to: (i) advise the End User how to achieve substantially the same functionality with the Software using a procedure different from that described in the Documentation, (ii) correct the Software or Documentation, (iii) replace the defective media, or (iv) if these remedies are impractical, refund the license fee paid by you for the Product. Repaired, corrected or replaced Product and media shall be covered for the remaining warranty period or thirty (30) days, whichever is longer. If any modifications are made to the Product by you during the warranty period; or if the media is subjected to accident, abuse or misuse, or if you violate the terms of this Agreement, the warranty shall immediately terminate. Harbinger will use reasonable commercial efforts to carry out all of its responsibilities under this warranty within thirty (30) days of being notified by you of a potential defect.
THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY HARBINGER. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, HARBINGER AND ITS SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND HARBINGER AND ITS SUPPLIERS MAKE NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS WITH RESPECT TO THE PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, SO SOME LIMITATIONS MAY NOT APPLY TO YOU. NO HARBINGER EMPLOYEE, AFFILIATE OR BUSINESS PARTNER IS AUTHORIZED TO MAKE CHANGES OF ANY KIND TO THIS WARRANTY.
THIS WARRANTY PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY - NOTWITHSTANDING ANY PROVISION HEREOF TO THE CONTRARY, IN NO EVENT WILL HARBINGER, ITS AFFILIATES, BUSINESS PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR (1) GENERAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (2) ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, PROFITS, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE PRODUCT, WHETHER IN AN ACTION BASED ON ANY LEGAL THEORY, CONTRACT, TORT OR OTHERWISE, EVEN IF HARBINGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HARBINGER'S OR ITS SUPPLIER'S TOTAL LIABILITY FOR ANY DAMAGES IN ANY ACTION HOWEVER BASED ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT EXCEED THE LICENSE FEE PAID TO HARBINGER BY YOU UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
NONINFRINGEMENT - Harbinger will defend any claim, suit or proceeding brought against you so far as it is based on a claim that the Product supplied hereunder infringes a patent or copyright in the United States, if notified promptly in writing of the claim and given full authority, information and assistance for the defense, and Harbinger shall pay all damages and costs awarded therein against you by a final non-appealable judgment. If such claim has occurred, or in Harbinger's opinion is likely to occur, you agree to permit Harbinger, at its option and expense, as the sole liability of Harbinger and your sole remedy under this section, this Agreement or under any other applicable law, either to procure for you the right to continue using the Product or to replace or modify same so that it becomes noninfringing or to refund to you the license fee paid for the infringing Product upon its return to Harbinger. In no event shall the liability of Harbinger under this section every exceed the total sums paid by you to Harbinger to license the Product. Notwithstanding anything to the contrary, Harbinger has no liability or obligation: (i) for any claim based upon the combination, operation or use of the Product supplied hereunder with software not supplied by Harbinger; (ii) for any infringement in any way whatsoever related to or caused by User Input; or (iii) for any claim based upon alteration or modification of the Product supplied hereunder. The foregoing states the entire obligation of Harbinger and your sole remedies with respect to infringement of patents, copyrights, trademarks, trade secrets, proprietary information and intellectual property rights.
ENHANCEMENTS - Enhancements to improve the functionality and/or performance of the Product may be supplied by Harbinger to Hosted End Users as part of web-site hosting and Internet access services. Enhancements will be available to Non-Hosted End User for the upgrade fee in effect for the update release of the Product. Harbinger is under no obligation to provide enhancements for the Product.
TERMINATION - This Agreement and personal use license will terminate (i) at Harbinger's option if you fail to comply with the rights, obligations, limitations and terms described above, or (ii) at End User's option for convenience, or (iii) at either party's option on or before the conclusion of any evaluation period whose duration shall not exceed thirty (30) days from date of first use unless specifically agreed to in writing by Harbinger. AT TERMINATION, YOU AGREE TO IMMEDIATELY DESTROY AND DISCONTINUE USE OF ALL COPIES OF THE PRODUCT AND HTML FILES CREATED BY THE PRODUCT and certify at Harbinger's request that you have complied with the foregoing termination obligations. Termination does not alleviate you from your obligation to pay Harbinger all sums owed through the date of termination.
EXPORT CONTROLS - None of the Product or underlying information or technology may be downloaded or otherwise exported or re-export (i) into (or to a national or resident of) Cuba, 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 Specialty Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, or using the Product, you are agreeing to the foregoing and you are representing and warranting to Harbinger 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, if the Product is identified as a not-for-export product (i.e., on the packaging or media, during the installation process), then the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE PRODUCT AND ANY UNDERLYING INFORMATION AND TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSONS" 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 PRODUCT, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE REPRESENTING AND WARRANTING TO HARBINGER THAT YOU ARE NOT A FOREIGN ENTITY OR "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.
MISCELLANEOUS - This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all such prior agreements and representations between them. No modification, addition or waiver of the rights, obligations, limitations and terms of this Agreement shall be effective unless in writing and signed by an authorized representative of both parties. The terms and conditions of any purchase order or other ordering document issued by you and accepted by Harbinger in connection with this Agreement, which are in addition to or inconsistent with the rights, obligations, limitations and terms of this Agreement are made expressly conditional on your assent to the terms set forth in this Agreement.
Neither party will be liable for any failure or delay in performance due to any cause beyond its reasonable control, including, but not limited to, acts of God, or strikes.
The waiver by either party of any of the rights, obligations, limitations and terms of this Agreement shall not constitute a waiver of any past, current or future obligation to comply with such provisions and no waiver shall be effective unless made in writing and approved by an authorized representative of both parties. In the event any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be reformed to the extent necessary to make it enforceable, or severed, and in either event the entire Agreement shall not fail on account thereof and the balance of the Agreement shall continue in full force and effect. This Agreement will be governed by the substantive, but not conflict, laws of the State of Georgia, except as governed by United States Federal Law. You irrevocably submit to the non-exclusive jurisdiction and venue of the state and federal courts located in the State of Georgia, United States of America. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by or for the U.S. Government is subject to restrictions set forth in DFARS 252.227-7013 (c)(1)(ii), FAR 52.227-19, and Clause 18-52.227-86(d) of NASA Supplement to the FAR, as applicable. Contractor/manufacturer is Harbinger Corporation 1055 Lenox Park Blvd., Atlanta, Georgia, USA 30319.
NOTICES - Harbinger Corporation, 1055 Lenox Park Blvd., Atlanta, Georgia, 30319-5309 USA, Attention: TrustedLink INP.
IN WITNESS WHEREOF, you have caused this Agreement to be executed by completing the electronic acceptance below and agree to the terms and conditions stated above.
