MacWorld 1999 February/Macworld (1999-02).dmg/Netscape⁄Explorer/Netscape/Communicator™ 4.5 Complete/Netscape Installer/License

Text File | 1998-10-12 | 16KB | 276 lines

 NETSCAPE CLIENT PRODUCTS LICENSE AGREEMENT
     Redistribution Or Rental Not Permitted

These terms apply to Netscape Communicator and Netscape Navigator.

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING NETSCAPE
COMMUNICATOR OR NETSCAPE NAVIGATOR SOFTWARE (THE "PRODUCT"), THE
INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS
CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS
AGREEMENT.  IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED,
AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.

1. LICENSE AGREEMENT.  As used in this Agreement, for residents of
Europe, the Middle East or 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.  In this Agreement "Licensor" shall mean Netscape
except under the following circumstances: (i) if Licensee acquired
the Product as a bundled component of a third party product or
service, then such third party shall be Licensor; and (ii) if any
third party software is included as part of the default
installation and no license is presented for acceptance the first
time that third party software is invoked, then the use of that
third party software shall be governed by this Agreement, but the
term "Licensor," with respect to such third party software, shall
mean the manufacturer of that software and not Netscape.  With the
exception of the situation described in (ii) above, the use of any
included third party software product shall be governed by the
third party's license agreement and not by this Agreement, whether
that license agreement is presented for acceptance the first time
that the third party software is invoked, is included in a file in
electronic form, or is included in the package in printed form.
If more than one license agreement was provided for the Product,
and the terms vary, the order of precedence of those license
agreements is as follows: a signed agreement, a license agreement
available for review on the Netscape website, a printed or
electronic agreement that states clearly that it supersedes other
agreements, a printed agreement provided with the Product, an
electronic agreement provided with the Product.

2. LICENSE GRANT.  Licensor grants Licensee a non-exclusive and
non-transferable license to reproduce and use for personal or
internal business purposes the executable code version of the
Product, provided any copy must contain all of the original
proprietary notices.  This license does not entitle Licensee to
receive from Netscape hard-copy documentation, technical support,
telephone assistance, or enhancements or updates to the Product.
Licensee may not customize the Product unless Licensee has also
licensed either the Netscape Client Customization Kit ("CCK") or
Netscape Mission Control Desktop ("MCD"), and then only to the
extent permitted in the license agreement for CCK or MCD, as
applicable.  Licensee may not redistribute the Product unless
Licensee has separately entered into a distribution agreement with
Netscape such as the Unlimited Distribution Program Agreement.

3. RESTRICTIONS.  Except as otherwise expressly permitted in this
Agreement, or in another Netscape agreement to which Licensee is a
party such as the CCK license agreement, the MCD license agreement
or a distribution agreement, Licensee may not: (i) modify or create
any derivative works of the Product or documentation, including
translation or localization; (ii) decompile, disassemble, reverse
engineer, or otherwise attempt to derive the source code for the
Product (except to the extent applicable laws specifically prohibit
such restriction); (iii) redistribute, encumber, sell, rent, lease,
sublicense, or otherwise transfer rights to the Product; (iv)
remove or alter any trademark, logo, copyright or other proprietary
notices, legends, symbols or labels in the Product; or (v) publish
any results of benchmark tests run on the Product to a third party
without Netscape's prior written consent.

4. FEES.  There is no license fee for the Product.  If Licensee
wishes to receive the Product on media, there may be a small charge
for the media and for shipping and handling.  Licensee is
responsible for any and all taxes.

5. TERMINATION.  Without prejudice to any other rights, Licensor
may terminate this Agreement if Licensee breaches any of its terms
and conditions.  Upon termination, Licensee shall destroy all
copies of the Product.

6. PROPRIETARY RIGHTS.  Title, ownership rights, and intellectual
property rights in the Product shall remain in Netscape and/or its
suppliers.  Licensee acknowledges 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 Product.  The Product
is protected by copyright and other intellectual property laws and
by international treaties.  Title and related rights in the content
accessed through the Product is the property of the applicable
content owner and is protected by applicable law.  The license
granted under this Agreement gives Licensee no rights to such
content.

7. DISCLAIMER OF WARRANTY.  THE PRODUCT IS PROVIDED FREE OF CHARGE,
AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND,
INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE PRODUCT IS BORNE BY LICENSEE.  SHOULD THE PRODUCT PROVE
DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS
SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND
REPAIR.  IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE
PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT
THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS.  THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  NO
USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.

8. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR
RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE
THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF
THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE
FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT
OF THE PRODUCT RECEIVED BY NETSCAPE UNDER A SEPARATE SUPPORT
AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY
CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW
PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.  SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT BE APPLICABLE.  NETSCAPE IS NOT RESPONSIBLE FOR
ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A
THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY
MATERIAL LINKED THROUGH SUCH CONTENT.

9. ENCRYPTION.  If Licensee wishes to use the cryptographic
features of the Product, then Licensee may need to obtain and
install a signed digital certificate from a certificate authority
or a certificate server.  Licensee may be charged additional fees
for certification services.  Licensee is responsible for
maintaining the security of the environment in which the Product
is used and the integrity of the private key file used with the
Product.  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 Licensee is sending or receiving digital certificates, Licensee
is responsible for familiarizing itself with and evaluating such
terms and limitations.  If the Product is a version with FORTEZZA,
Licensee will need to obtain PC Card Readers and FORTEZZA Crypto
Cards from another vendor to enable the FORTEZZA features.

10. EXPORT CONTROL.  Licensee agrees to comply with all export laws
and restrictions and regulations of the United States or foreign
agencies or authorities, and not to export or re-export the Product
or any direct product thereof in violation of any such restrictions,
laws or regulations, or without all necessary approvals.  As
applicable, each party shall obtain and bear all expenses relating
to any necessary licenses and/or exemptions with respect to its own
export of the Product from the U.S.  Neither the Product nor the
underlying information or technology may be downloaded or otherwise
exported or re-exported (i) into Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria or any other country subject to U.S. trade
sanctions covering the Product, to individuals or entities
controlled by such countries, or to nationals or residents of such
countries other than nationals who are lawfully admitted permanent
residents of countries not subject to such sanctions; or (ii) to
anyone on the U.S. Treasury Department's list of Specially
Designated Nationals and Blocked Persons or the U.S. Commerce
Department's Table of Denial Orders.  By downloading or using the
Product, Licensee agrees to the foregoing and represents and
warrants that it complies with these conditions.

If the Product is identified as being not-for-export (for example,
on the box, media or in the installation process), then, unless
Licensee has an exemption from the United States government, the
following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY
CANADIAN CITIZENS, THE PRODUCT AND ANY UNDERLYING ENCRYPTION
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 PRODUCT, LICENSEE AGREES TO
THE FOREGOING AND WARRANTS THAT IT IS NOT A "FOREIGN PERSON" OR
UNDER THE CONTROL OF A "FOREIGN PERSON."

11. HIGH RISK ACTIVITIES.  The Product 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 Product 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.  Licensee agrees that Licensor and its suppliers will
not be liable for any claims or damages arising from the use of the
Product in such applications.

12. U.S. GOVERNMENT END USERS.  The Product 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 Product with only those rights set forth herein.

13. MISCELLANEOUS.  (a) This Agreement constitutes the entire
agreement between the parties concerning the subject matter hereof.
(b) This Agreement may be amended only by a writing signed by both
parties.  (c) Except to the extent applicable law, if any, provides
otherwise, this Agreement shall be governed by the laws of the
State of California, U.S.A., excluding its conflict of law
provisions.  (d) 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.  (e) This Agreement shall not be governed by the
United Nations Convention on Contracts for the International Sale
of Goods.  (f) If any provision in this Agreement should be held
illegal or unenforceable by a court having jurisdiction, such
provision shall be modified to the extent necessary to render it
enforceable without losing its intent, or severed from this
Agreement if no such modification is possible, and other provisions
of this Agreement shall remain in full force and effect.  (g) The
controlling language of this Agreement is English.  If Licensee has
received a translation into another language, it has been provided
for Licensee's convenience only.  (h) A waiver by either party of
any term or condition of this Agreement or any breach thereof, in
any one instance, shall not waive such term or condition or any
subsequent breach thereof.  (i) The provisions of this Agreement
which require or contemplate performance after the expiration or
termination of this Agreement shall be enforceable notwithstanding
said expiration or termination.  (j) Licensee may not assign or
otherwise transfer by operation of law or otherwise this Agreement
or any rights or obligations herein except in the case of a merger
or the sale of all or substantially all of Licensee's assets to
another entity.  (k) This Agreement shall be binding upon and shall
inure to the benefit of the parties, their successors and permitted
assigns.  (l) Neither party shall be in default or be liable for
any delay, failure in performance (excepting the obligation to pay)
or interruption of service resulting directly or indirectly from
any cause beyond its reasonable control.  (m) The relationship
between Licensor and Licensee is that of independent contractors
and neither Licensee nor its agents shall have any authority to
bind Licensor in any way.  (n) If any dispute arises under this
Agreement, the prevailing party shall be reimbursed by the other
party for any and all legal fees and costs associated therewith.
(o) If any Netscape professional services are being provided, then
such professional services are provided pursuant to the terms of a
separate Professional Services Agreement between Netscape and
Licensee.  The parties acknowledge that such services are acquired
independently of the Product licensed hereunder, and that provision
of such services is not essential to the functionality of such
Product.  (p) The headings to the sections of this Agreement are
used for convenience only and shall have no substantive meaning.
(q) Licensor may use Licensee's name in any customer reference list
or in any press release issued by Licensor regarding the licensing
of the Product and/or provide Licensee's name and the names of the
Product licensed by Licensee to third parties.

14. LICENSEE OUTSIDE THE U.S.  If Licensee is located outside the
U.S., then the provisions of this Section shall apply.  (i) Les
parties aux présentes confirment leur volonté que cette convention
de même que tous les documents y compris tout avis qui s'y
rattache, soient redigés en langue anglaise.  (translation: "The
parties confirm that this Agreement and all related documentation
is and will be in the English language.")  (ii) Licensee is
responsible for complying with any local laws in its jurisdiction
which might impact its right to import, export or use the Product,
and Licensee represents that it has complied with any regulations
or registration procedures required by applicable law to make this
license enforceable.


Netscape Client Software EULA           Rev. 092998