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BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT, INCLUDING THE NETSCAPE CLIENT CUSTOMIZATION KIT CUSTOMIZATION GUIDELINES (THE "CUSTOMIZATION GUIDELINES"). 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 THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A PRINTED END USER LICENSE AGREEMENT THAT CONTAINS TERMS WHICH VARY FROM THE TERMS IN THIS AGREEMENT, THEN THE PRINTED END USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE SOFTWARE. NETSCAPE CLIENT CUSTOMIZATION KIT 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 Customization Kit software (the "CCK") and accompanying documentation ("CCK Documentation"). Any third party software that is provided with the CCK with such third partyφs 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 partyφs 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 acquired the CCK as a bundled component of a third party product or service, then such third party shall be the Licensor. Otherwise, Netscape shall be the Licensor. LICENSE GRANT. Licensor grants to you a non-exclusive and non-transferable license to use the CCK solely to customize copies of Netscape Navigator and/or Netscape Communicator Standard Edition software (the "Client Software") by configuring only those preferences that are listed in the Customization Guidelines and only in the manner described in the CCK Documentation. The Customization Guidelines are located at the following URL: http://home.netscape.com/comprod/netscape_partner_programs/browser_distrib/index.html. You may also modify the documentation for the Client Software (the "Client Documentation") in the manner specified in the CCK Documentation. (The CCK Software and Client Software are collectively referred to herein as the "Software." The CCK Documentation and Client Documentation are collectively referred to herein as the "Documentation.") This Agreement does not entitle you to support or telephone assistance. However, support services may be available to you for a fee. For more information, please see the following URL: http://home.netscape.com/comprod/netscape_partner_programs/browser_distrib/index.html. Provided that you comply with the Customization Guidelines, you may distribute copies of the customized Client Software and customized Client Documentation to other entities in accordance with the terms of the Unlimited Distribution Client Customization Program Agreement, located at the following URL: http://home.netscape.com/comprod/netscape_partner_programs/browser_distrib/index.html. Use of the customized Client Software and customized Client Documentation by you and those to whom you distribute it is governed by the terms of the Netscape Client Software End User License Agreement which is located at the following URL: http://home.netscape.com/download/license_text.html. LIMITATIONS. You may not: * use the CCK to (i) customize any software other than the Client Software. This prohibition includes third party products and other Netscape products such as Netscape Communicator Professional Edition, (ii) configure preferences other than those listed in the Customization Guidelines, or (iii) perform centralized management of the Client Software or any other functions other than customization of the Client Software; * modify the Client Documentation other than as specified in the CCK Documentation; * 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 the Documentation; * remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Documentation, or in copies you have made of the Software or Documentation, except as specified in the Customization Guidelines. FEES. There is no license fee for the licenses granted herein. DISCLAIMER OF WARRANTY. The CCK is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the CCK is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of CCK is borne by you. Should the CCK 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 CCK have inherent limitations, and you must determine that the CCK sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the CCK is authorized hereunder except under this Disclaimer. ENCRYPTION. If the Client 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 Client Software is used and the integrity of the private key file used with the Client 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 Client Software includes 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. 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 Client 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 Departmentφs list of Specially Designated Nationals or the U.S. Commerce Departmentφs 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 and Documentation are each 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. 
