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1995-09-26
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197 lines
BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND
BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION
PROCESS WILL NOT CONTINUE.
NETSCAPE NAVIGATOR END USER LICENSE AGREEMENT REDISTRIBUTION NOT
PERMITTED
This License Agreement has 3 parts. Part I applies if you have not
purchased a license to the software. Part II applies if you have
purchased a license to the software. Part III applies to all license
grants. If you initially acquired a copy of the software without
purchasing a license and you wish to purchase a license, contact
Netscape Communications Corporation ("Netscape") on the Internet at
http://www.netscape.com.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID
GRANT. Netscape hereby grants you a non-exclusive license to use its
accompanying software ("Software") free of charge if (a) you are a
student, faculty member or staff member of an educational institution
(K-12, junior college, college or library) or an employee of a
charitable non-profit organization; or (b) your use of the Software
is for the purpose of evaluating whether to purchase an ongoing license
to the Software. The evaluation period for use by or on behalf of a
commercial entity is limited to 90 days; evaluation use by others is
not subject to this restriction. Government agencies (other than
public libraries) are not considered educational or charitable
non-profit organizations for purposes of this license agreement. If
you are using the Software free of charge, you are not entitled to
hard-copy documentation, support or telephone assistance. If you fit
within the description above, you may use the Software in the manner
described in Part III below under "Scope of Grant."
DISCLAIMER OF WARRANTY. Free of charge Software is provided on an
"AS IS" basis, without warranty of any kind, including without
limitation the warranties of merchantability, fitness for a particular
purpose and non-infringement. The entire risk as to the quality and
performance of the Software is borne by you. Should the Software
prove defective, you and not Netscape assume the entire cost of any
service and repair. In addition, the security mechanism implemented
by the Software has inherent limitations, and you must determine that
the Software sufficiently meets your requirements. This disclaimer of
warranty constitutes an essential part of the agreement. SOME STATES
DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY
NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM
STATE TO STATE OR BY JURISDICTION.
PART 2 -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license fees, Netscape hereby
grants to you a non-exclusive license to use its accompanying software
product ("Software") and documentation in the manner described in
Part III below under "Scope of Grant," subject to the terms herein.
If you purchased a license to version 1.1 of the Software within the
last 90 days, you may download a copy of 1.2 as a free update.
LIMITED WARRANTY. Netscape warrants that for a period of ninety (90)
days from the date of acquisition, the Software, if operated as
directed, will substantially achieve the functionality described in
the accompanying documentation ("Documentation"). Netscape does not
warrant, however, that your use of the Software will be uninterrupted
or that the operation of the Software will be error-free or secure.
In addition, the security mechanism implemented by the Software has
inherent limitations, and you must determine that the Software
sufficiently meets your requirements. Netscape also warrants that
the media containing the Software, if provided by Netscape, is free
from defects in material and workmanship and will so remain for ninety
(90) days from the date you acquired the Software. Netscape's sole
liability for any breach of this warranty shall be, in Netscape's sole
discretion: (i) to replace your defective media; or (ii) to advise you
how to achieve substantially the same functionality with the Software
as described in the Documentation through a procedure different from
that set forth in the Documentation; or (iii) if the above remedies
are impracticable, to refund the license fee you paid for the Software.
Repaired, corrected, or replaced Software and Documentation shall be
covered by this limited warranty for the period remaining under the
warranty that covered the original Software, or if longer, for thirty
(30) days after the date (a) of shipment to you of the repaired or
replaced Software, or (b) Netscape advised you how to operate the
Software so as to achieve the functionality described in the
Documentation. Only if you inform Netscape of your problem with the
Software during the applicable warranty period and provide evidence
of the date you purchased a license to the Software will Netscape be
obligated to honor this warranty. Netscape will use reasonable
commercial efforts to repair, replace, advise or refund pursuant to
the foregoing warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
NETSCAPE. NETSCAPE MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY
OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE
LIMITED WARRANTY PERIOD; SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU.
NO NETSCAPE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any
modifications are made to the 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 be terminated. This warranty shall not apply if the
Software is used on or in conjunction with hardware or Software other
than the unmodified version of hardware and Software with which the
Software was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
PART III TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT. You may: use the Software on any single computer;
use the Software on a network, provided that each person accessing the
Software through the network must have a licensed copy; use the
Software on a second computer so long as only one copy is
simultaneously; or copy the Software for archival purposes, provided
any copy must contain all of the original Software's proprietary
notices.
You may not: permit other individuals to use the Software except under
the terms listed above; modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically prohibit
such restriction), or create derivative works based on the Software;
copy the Software (except as specified above); rent, lease, transfer or
otherwise transfer rights to the Software; or remove any proprietary
notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in
the Software shall remain in Netscape and/or its suppliers. The
Software is protected by the copyright laws and treaties. Title and
related rights in the content accessed through the Software is the
property of the applicable content owner and may be protected by
applicable law. This License gives you no rights to such content.
TERMINATION. The license will terminate automatically if you fail to
comply with the limitations described herein. On termination, you must
destroy all copies of the Software and Documentation.
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,
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.
In addition, if the licensed Software is identified as a not-for-export
product (for example, on the box, media or in the installation process)
, then 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, 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 IN EXCESS OF NETSCAPE'S LIST PRICE FOR A LICENSE TO THE
SOFTWARE, EVEN IF NETSCAPE 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 OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY
TO YOU.
MISCELLANEOUS. This Agreement represents the complete agreement
concerning this license and may 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. This Agreement
shall be governed by California law (except for conflict of law
provisions). The application the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
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 in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is Netscape Communications Corporation,
501 East Middlefield Road, Mountain View, CA 94043.