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License.txt
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1997-02-07
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NetObjects
SOFTWARE LICENSE AGREEMENT
-----------------------------
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
OPENING THE ACCOMPANYING SOFTWARE (THE "SOFTWARE") PACKAGE
OR CONTINUING WITH THE INSTALLATION PROCESS OF THE
SOFTWARE. BY CLICKING ON THE "OK" OR "ACCEPT" BUTTON, OR
BY OPENING THE SOFTWARE PACKAGE, YOU AGREE TO BE BOUND BY
THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON
TO TERMINATE THE INSTALLATION PROCESS OR PROMPTLY RETURN
THE UNOPENED PACKAGE AND THE REST OF THE PRODUCT TO YOUR
SUPPLIER FOR A FULL REFUND.
1. License. If you have purchased a license to the Software,
NetObjects, Inc. ("NetObjects") grants you a non-exclusive right
and license to use the Software and the related documentation
(the "Documentation") as set forth in this Agreement. You may
use the Software on a single computer. The Software may also be
used on a network, so long as each person accessing the Software
through the network has a copy licensed to that person. You may
make a single copy of the Software for backup and archival
purposes only provided that any copy must contain all proprietary
notices included in the original. You may use the Documentation
to assist in your use of the Software. If you download the
Software without physical delivery of Documentation, you may
review the Documentation online, but you may not make further
copies of the Documentation. You own the media on which the
Software is recorded, but not the Software itself or any copy of
it. This license is not a sale of the original or any copy of
the Software.
If you have obtained an evaluation copy of the Software,
and have not purchased a license to the Software, NetObjects
grants you a 30-day non-exclusive license to use the Software
free of charge for the purpose of evaluating whether you wish
to purchase an ongoing license for the Software. WARNING:
Evaluation copies of the Software will become non-functional
thirty (30) days following initial installation in your computer.
NetObjects disclaims all liability and responsibility for any
loss of data or other information which may occur as a result
thereof.
2. Copying, Transferring or Modifying Software. The Software
contains copyrighted material, trade secrets and other
proprietary intellectual property. You may not permit
concurrent use of the Software unless each user has an applicable
license. You may not permit other individuals to use the Software
except under the terms listed above. You may not decompile,
disassemble, reverse-engineer or otherwise display the Software in
human-readable form. You may not modify, translate, rent, lease,
distribute or lend the Software, and you may not sell to others the
right to use the Software on your computer. You may not remove any
proprietary notices or labels on the Software. You may not copy,
transfer, transmit, sublicense or assign this license or the
Software except as expressly permitted in this Agreement. You agree
that the terms of this paragraph apply to the Software or any
portion thereof, whether owned by NetObjects or NetObjects'
licensors, including without limitation NetCarta Corporation.
3. License to Use Content. All artwork, graphics, icons and other
files contained in the Software, including without limitation
AutoSites, SiteStyles, Design Parts, and Plug-In Parts (collectively,
the "Content"), are copyrighted material owned by NetObjects or its
licensors. NetObjects grants you a non-exclusive right and license
to: (i) incorporate object code copies of the Content into your own
works created using the Software in accordance with the Documentation,
such as your own web site or a web site you design for someone else
(the "User Works"); (ii) duplicate the Content to the extent it is
embedded in the User Works, in object code form only; (iii) and
distribute or display the Content to the extent it is embedded in the
User Works, in object code form only. You have no right to, and
agree not to, duplicate, distribute, display or use the Content or
any portion thereof (whether on a web site or through any other medium,
and whether separately or as part of another product or work), other
than as embedded in the User Works created using the Software and as
set forth in this Agreement.
4. GIF Licensing. This software contains GIF conversion capability
covered by Unisys US Patent Number 4,557,302 and foreign counterparts,
and may be used only for evaluation purposes, unless you purchase a
license for the Software.
5. Term. If you have purchased a license to the Software, this
Agreement and license are effective from the time you accept the terms
of this Agreement until this Agreement is terminated. You may terminate
this Agreement at any time by destroying all copies of the Software.
This Agreement will terminate immediately and without further notice
if you fail to comply with any provision of this Agreement. All
obligations of confidentiality and restrictions on use, and all other
provisions that may reasonably be interpreted to survive termination
of this Agreement, will survive termination of this Agreement for any
reason. Upon termination, you agree to destroy all copies of the
Software.
If you have obtained an evaluation copy of the Software, and have not
purchased a license to the Software, this Agreement and license are
effective for a period of 30 days from the date of installation of
the Software.
6. Limited Warranty. If you have purchased a license to the Software,
if the Software is delivered using a computer storage media such as a
CD ROM or diskette, NetObjects warrants that the media on which the
Software is furnished will be free from defects in materials and
workmanship under normal use for ninety (90) days from the date you
received the Software, as shown by your receipt. This warranty is
limited to you and is not transferable. This warranty does not cover
damage caused by improper use or neglect. NetObjects' entire liability
and your exclusive remedy shall be, at NetObjects' option (i) to
replace the defective media; (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) to refund the license fee you paid for the
Software.
If you have obtained an evaluation copy of the Software, and have not
purchased a license to the Software, NetObjects makes no warranties
of any kind with respect to the media (if any) on which the Software
is furnished, and such media is provided "as is" and without warranties
of any kind.
7. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND
(EXCEPT AS PROVIDEDIN SECTION 6) THE MEDIA UPON WHICH THE
SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The entire risk as to the quality and performance of the Software and
the Documentation is with you. Should the Software or the Documentation
prove defective, you (and not NetObjects or its distributors, licensors
or dealers) assume the entire cost of all necessary servicing or repair.
NetObjects does not warrant that the functions contained in the Software
will meet your requirements or operate in the combination that you may
select for use, that the operation of the Software will be uninterrupted
or error free, or that defects in the Software will be corrected. No
oral or written statement by NetObjects or by a representative of
NetObjects shall create a warranty or increase the scope of this warranty.
NETOBJECTS DOES NOT WARRANT THE SOFTWARE AGAINST
INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT,
PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY
RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE
SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE
OR OTHER SOFTWARE DESIGNED TO PERMIT UNAUTHORIZED ACCESS,
TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR
DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
Any warranties that by law survive the foregoing disclaimers shall
terminate ninety (90) days from the date you received the Software as
shown by your receipt.
8. Limitation of Liability. YOUR SOLE REMEDIES AND NETOBJECTS'
ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL
NETOBJECTS OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM
THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR
ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF
THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree that NetObjects and its distributors and dealers will not be
liable for defense or indemnity with respect to any claim against you by
any third party arising from your possession or use of the Software or
the Documentation.
In no event will NetObjects' total liability to you for all damages,
losses, and causes of action (whether in contract, tort, including
negligence, or otherwise) exceed the amount you paid for this product.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
9. Export Control Laws. You agree to comply with all laws, rules and
regulations applicable to the export of the Software or the Documentation.
Specifically, you shall not export, re-export or transship the Software
or the Documentation, or the direct product thereof, in violation of
any United States laws and regulations which may from time to time be
applicable. None of the Software or underlying information or technology
may be downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, Iran, Iraq, Libya, Serbia, Montenegro,
North Korea, 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 Order. 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.
10. High Risk Activities. The Software is not fault-tolerant and is not
designed, manufactured or intended for use or resale as online equipment
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. NetObjects and its suppliers
specifically disclaim any express or implied warranty of fitness for any
high risk uses listed above.
11.Government Restricted Rights. For units of the Department of Defense,
use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013.
Contractor/manufacturer is NetObjects, Inc., 2055 Woodside Road,
Redwood City, California 94061.
If the Commercial Computer Software Restricted rights clause at
FAR 52.227-19 or its successors apply, the Software and Documentation
constitute restricted computer software as defined in that clause and
the Government shall not have the license for published software set
forth in subparagraph (c)(3) of that clause.
The Software (i) was developed at private expense, and no part of it
was developed with governmental funds; (ii) is a trade secret of
NetObjects (or its licensor(s)) for all purposes of the Freedom of
Information Act; (iii) is "restricted computer software" subject to
limited utilization as provided in the contract between the vendor
and the governmental entity; and (iv) in all respects is proprietary
data belonging solely to NetObjects (or its licensor(s)).
12. Governing Law and Interpretation. This Agreement shall be
interpreted under and governed by the laws of the State of California,
without regard to its rules governing the conflict of laws. If any
provision of this Agreement is held illegal or unenforceable by a court
or tribunal of competent jurisdiction, the remaining provisions of this
Agreement shall remain in effect and the invalid provision deemed
modified to the least degree necessary to remedy such invalidity.
13. Entire Agreement. This Agreement is the complete agreement between
NetObjects and you and supersedes all prior agreements, oral or written,
with respect to the subject matter hereof.
If you have any questions concerning this Agreement, you may write to
NetObjects, Inc., 2055 Woodside Road, Redwood City, California 94061.