Online Praxis 1998 March/Image.iso/CD-ROM/NETSCAPE/CCK/INSTBLDR.Z/license.txt

Text File | 1998-02-20 | 17.4 KB | 284 lines

   Important Notice: This Netscape License Agreement Supersedes Any Other
 Netscape Printed or Electronic License Agreement Accompanying the Netscape
                 Client Software Product You Have Acquired

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING 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, CLICK THE BUTTON
THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT INSTALL THE SOFTWARE.
(IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A
FULL REFUND.)

            NETSCAPE CLIENT SOFTWARE END USER LICENSE AGREEMENT
                   REDISTRIBUTION OR RENTAL NOT PERMITTED

This Agreement sets forth the terms and conditions of your use of the
accompanying Netscape client software product(s) (the "Software"). Any
third party software that is provided with the Software with such third
party's license agreement (in either electronic or printed form) is
included for use at your option. If you choose to use such software, then
such use shall be governed by such third party's license agreement and not
by this Agreement. As used in this Agreement, for residents of Europe, the
Middle East and Africa, "Netscape" shall mean Netscape Communications
Ireland Limited; for residents of Japan, "Netscape" shall mean Netscape
Communications (Japan), Ltd.; for residents of all other countries,
"Netscape" shall mean Netscape Communications Corporation. For purposes of
this Agreement, "Licensor" shall be defined as follows: If you have
acquired a third party product or service and such product or service
included the Software, then such third party shall be the Licensor.
Otherwise, Netscape shall be the Licensor.

LICENSE GRANT. Licensor grants you a non-exclusive and non-transferable
license to use the Software and accompanying documentation
("Documentation"), subject to the limitations below. If the Software is
Netscape Navigator, Netscape Navigator Gold or Netscape Communicator
Standard Edition software ("Standard Software"), or it is Netscape
Communicator Professional Edition software which you are using for a
limited time for the purpose of evaluating whether to purchase an ongoing
license to that product ("Evaluation Software"), there is no fee for this
license. The evaluation period for use of Evaluation Software 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. If the Software
is any Netscape client software product other than Standard Software or
Evaluation Software, such as Netscape Communicator Professional Edition,
Netscape Communicator Internet Access Edition, Netscape Communicator Deluxe
Edition, or Netscape Publishing Suite ("Professional Software"), this
license grant is subject to the payment of applicable license fees. Unless
you have purchased a subscription for the Software, the license granted
under this Agreement does not grant you any right to any enhancement or
update to the Software. If you are using Standard Software or Evaluation
Software, you are not entitled to hard-copy documentation, support or
telephone assistance unless the entity from which you received Standard
Software provides you with support. In addition, if the Software was
included with a third party product or service, you may use the Software
only with such product or service.

LIMITATIONS ON USE.

With respect to all Software, you may not:

   * 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;

   * rent, lease, grant a security interest in, or otherwise transfer
     rights to the Software; or

   * remove or alter any trademark, logo, copyright or other proprietary
     notices, legends, symbols or labels in the Software, or in copies you
     have made of the Software.

With respect to Professional Software, the following additional
restrictions apply. You may only:

   * use the Professional Software on a single computer, except that (i) it
     may also be used on a second computer if only one (1) copy is used at
     a time, and (ii) if the Professional Software is Netscape Communicator
     Professional Edition and was licensed by a company or organization for
     use by an employee, then you may allow that employee to use a copy of
     Netscape Communicator Professional Edition at home. The home copy can
     either be copied from the employee's computer at work or downloaded
     from the Netscape web site at no cost. You may not duplicate the
     Documentation for home users, and no technical assistance will be
     provided for home use;

   * use the Professional Software on a network if a licensed copy of the
     Professional Software has been acquired for each person permitted to
     access the Professional Software through the network;

   * make a single copy of the Professional Software for archival purposes,
     and the copy must contain all of the original Professional Software's
     proprietary notices; and

   * if you have purchased a license for multiple copies of the
     Professional Software, make the total number of copies of the
     Professional Software (but not the Documentation) stated on the
     packing slip(s), invoice(s), or Certificate(s) of Authenticity,
     provided any copy must contain all of the original Professional
     Software's proprietary notices. The number of copies on the packing
     slip(s), invoice(s), or Certificate(s) of Authenticity is the total
     number of copies that may be made for all platforms. Additional copies
     of Documentation may be purchased from Licensor.

DISCLAIMER OF WARRANTY FOR STANDARD AND EVALUATION SOFTWARE. Standard
Software and Evaluation Software are provided on an "AS IS" basis, without
warranty of any kind, including without limitation the warranties that the
Standard Software and Evaluation Software are free of defects,
merchantable, fit for a particular purpose or non-infringing. The entire
risk as to the quality and performance of the Standard Software and
Evaluation Software is borne by you. Should the Standard Software or
Evaluation Software prove defective in any respect, you and not Licensor or
its suppliers assume the entire cost of any service and repair. In
addition, the security mechanisms implemented by the Standard Software and
Evaluation Software have inherent limitations, and you must determine that
the Standard Software and Evaluation Software sufficiently meet your
requirements. This disclaimer of warranty constitutes an essential part of
this Agreement. No use of the Standard Software or Evaluation Software is
authorized hereunder except under this Disclaimer.

LIMITED WARRANTY FOR PROFESSIONAL SOFTWARE. If license fees have been paid,
Licensor warrants that for a period of ninety (90) days from the date of
acquisition, the Professional Software, if operated as directed, will
substantially achieve the functionality described in the Documentation.
Licensor does not warrant, however, that your use of the Professional
Software will be uninterrupted or that the operation of the Professional
Software will be error-free or secure. In addition, the security mechanisms
implemented by the Professional Software have inherent limitations, and you
must determine that the Professional Software sufficiently meets your
requirements. Licensor also warrants that the media containing the
Professional Software, if provided by Licensor, is free from defects in
material and workmanship and will so remain for ninety (90) days from the
date you acquired the Professional Software. Licensor's sole liability for
any breach of this warranty shall be, in Licensor's sole discretion: (i) to
replace your defective media or Professional Software; or (ii) to advise
you how to achieve substantially the same functionality with the
Professional Software as described in the Documentation through a procedure
different from that set forth in the Documentation; or (iii) for individual
consumers, if the above remedies are impracticable, to refund the license
fee you paid for the Professional Software. Repaired, corrected, or
replaced Professional Software and Documentation shall be covered by this
limited warranty for the period remaining under the warranty that covered
the original Professional Software, or if longer, for thirty (30) days
after the date (a) of delivery to you of the repaired or replaced
Professional Software, or (b) Licensor advised you how to operate the
Professional Software so as to achieve substantially the same functionality
described in the Documentation.

Only if you inform Licensor of your problem with the Professional Software
during the applicable warranty period and provide evidence of the date you
purchased a license to the Professional Software will Licensor be obligated
to honor this warranty. Licensor 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 Professional 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. This warranty shall not apply if the
Professional Software is used on or in conjunction with hardware or
software other than the unmodified version of hardware and software with
which the Professional Software was intended to be used as described in the
Documentation.

THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY LICENSOR OR
ITS SUPPLIERS. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND 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, 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 DEALER, AGENT, OR EMPLOYEE
OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS LIMITED WARRANTY.

ENCRYPTION. If the Software contains cryptographic features, then you may
wish to obtain a signed digital certificate from a certificate authority or
a certificate server in order to utilize certain of the cryptographic
features. You may be charged additional fees for certification services.
You are responsible for maintaining the security of the environment in
which the Software is used and the integrity of the private key file used
with the Software. In addition, the use of digital certificates is subject
to the terms specified by the certificate provider, and there are inherent
limitations in the capabilities of digital certificates. If you are sending
or receiving digital certificates, you are responsible for familiarizing
yourself with and evaluating such terms and limitations. If the Software is
a Netscape product with FORTEZZA, you will also need to obtain PC Card
Readers and FORTEZZA Crypto Cards to enable the FORTEZZA features.

TITLE. Title, ownership rights, and intellectual property rights in the
Software and Documentation shall remain in Netscape and/or its suppliers.
You acknowledge such ownership and intellectual property rights and will
not take any action to jeopardize, limit or interfere in any manner with
Netscape's or its suppliers' ownership of or rights with respect to the
Software and Documentation. The Software and Documentation are 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. Your obligations to pay accrued charges and
fees shall survive any termination of this Agreement.

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, you are responsible for complying with any
local laws in your jurisdiction which may impact your right to import,
export or use the Software, and you represent that you have complied with
any regulations or registration procedures required by applicable law to
make this license enforceable.

If the 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 PERSON."

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR 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 LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT
LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'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, Licensor and its suppliers
specifically disclaim any express or implied warranty of fitness for High
Risk Activities.

MISCELLANEOUS. 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. Unless otherwise agreed in
writing, all disputes relating to this Agreement (excepting any dispute
relating to intellectual property rights) shall be subject to final and
binding arbitration in Santa Clara County, California, under the auspices
of JAMS/EndDispute, with the losing party paying all costs of arbitration.
This Agreement shall be governed by California law, excluding conflict of
law provisions (except to the extent applicable law, if any, provides
otherwise). The application of the United Nations Convention on 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 Software with only those rights set
forth herein.