.net 1998 February/netCD41.iso/pc/2GetStrt/01Brows/NetNav/Win31/COOLTALK.Z/LICENSE.TXT

Text File | 1996-08-14 | 13.8 KB | 259 lines

BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE, 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 "DO NOT ACCEPT" BUTTON AND THE INSTALLATION
PROCESS WILL NOT CONTINUE. (IF APPLICABLE, YOU MAY RETURN THE
PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.)  NETSCAPE
END USER LICENSE AGREEMENT REDISTRIBUTION OR RENTAL NOT PERMITTED

This Agreement has 3 parts. Part I applies if you have not purchased a
license to the accompanying software (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. As used in this Agreement, for residents of
Europe or Africa, "Netscape" shall refer to Netscape Communications
Ireland Limited; for residents of Japan, "Netscape" shall refer to
Netscape Communications (Japan), Ltd.; for residents of all other
countries, "Netscape" shall refer to Netscape Communications
Corporation.

PART I

TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO
EVALUATION, EDUCATIONAL AND NON-PROFIT USE) LICENSE GRANT.  Netscape
grants you a non-exclusive license to use the 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 university,
or the international equivalent, or a library), a staff member of a
religious organization or an employee of an organization which meets
Netscape's criteria for 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 ninety (90)
days; evaluation use by others is not subject to this ninety (90) day
limit. Government agencies (other than public libraries) are not
considered educational, religious or charitable non-profit
organizations for purposes of this 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 that the Software is free of defects, merchantable, fit
for a particular purpose or non-infringing. The entire risk as to the
quality and performance of the Software is borne by you. Should the
Software prove defective in any respect, you and not Netscape or its
suppliers assume the entire cost of any service and repair. In addition,
the security mechanisms implemented by Netscape software have inherent
limitations, and you must determine that the Software sufficiently meets
your requirements. This disclaimer of warranty constitutes an essential
part of this Agreement. No use of the software without payment of
license fees to Netscape is authorized hereunder except under this
Disclaimer.

PART II

TERMS APPLICABLE WHEN LICENSE FEES PAID

LICENSE GRANT.  Subject to payment of applicable license fees,
Netscape grants to you a non-exclusive license to use the Software and
accompanying documentation ("Documentation") in the manner described
in Part III below under "Scope of Grant."

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 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
mechanisms implemented by Netscape software have 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 Software; 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, for individual consumers, refund
pursuant to the foregoing warranty within thirty (30) days of being so
notified.  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 terminate. Moreover, 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 IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY
NETSCAPE OR ITS SUPPLIERS. NETSCAPE MAKES NO OTHER WARRANTY,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
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, INCLUDING
WITHOUT LIMITATION THE WARRANTIES THAT THE SOFTWARE IS FREE OF
DEFECTS, MERCHANTABLE, AND FIT FOR A PARTICULAR PURPOSE, 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 NETSCAPE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED
TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
LIMITED WARRANTY.

PART III

TERMS APPLICABLE TO ALL LICENSE GRANTS

SCOPE OF LICENSE 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 copy licensed
to that person;

    use the Software on a second computer so long as only one copy
is used at a time;

    copy the Software for archival purposes, provided any copy
must contain all of the original Software's proprietary notices; or

    if you have purchased licenses for a 10 Pack or a 50 Pack,
make up to 10 or 50 copies, respectively, of the Software (but not the
Documentation), or, if you have purchased licenses for multiple copies
of the Software, make the number of copies of Software (but not the
Documentation) which the packing slip or invoice states you have paid
for, provided any copy must contain all of the original Software's
proprietary notices. The number of copies on the invoice is the total
number of copies that may be made for all platforms. Additional copies
of Documentation may be purchased from Netscape.

You may not:

    permit other individuals to use the Software except under the terms
listed above;

    permit concurrent use of the Software;

    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;

    copy the Software other than as specified above;

    rent, lease, grant a security interest in, 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 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.

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, if the licensed 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 PERSONE 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 THE AMOUNT NETSCAPE RECEIVED FROM YOU 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 RESULTING FROM NETSCAPE'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, Netscape and its suppliers specifically
disclaim any express or implied warranty of fitness for High Risk
Activities.

MISCELLANEOUS.  If the copy of the Software you received was
accompanied by a printed or other form of "hard-copy" End User License
Agreement whose terms vary from this Agreement, then the hard-copy End
User License Agreement governs your use of the Software. 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. This Agreement shall be
governed by California law (except to the extent applicable law, if
any, provides otherwise). The application of the United Nations
Convention of 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