MacFormat 2001 October/macformat-108.iso/Resources/Netscape 6 Full Installer/License

Text File | 2001-07-27 | 17.5 KB | 452 lines | [ttro/ttxt]

NETSCAPE 6.1 END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted

These terms apply to Netscape 6.1

BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING
OR USING THE NETSCAPE 6.1 SOFTWARE (THE "PRODUCT"),
YOU ARE CONSENTING TO BE BOUND BY AND BECOME A
PARTY TO THIS AGREEMENT AS THE "LICENSEE."

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, YOU MUST NOT CLICK THE "ACCEPT"
BUTTON, YOU MUST NOT INSTALL OR USE THE PRODUCT,
AND YOU DO NOT BECOME A LICENSEE UNDER THIS
AGREEMENT.

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 Product 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.

3.  RESTRICTIONS.  Except as otherwise
expressly permitted in this Agreement, or
in another Netscape agreement to which
Licensee is a party such as the Netscape
Client Customization Kit License Agreement
(the "CCK License Agreement") or a distribution
agreement, such as the Netscape Browser
Distribution Program License Agreement,
Licensee may not: (i) modify or create
any derivative works of the Product or
documentation, including customization,
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
or as provided by the Netscape Public License
or Mozilla Public License for portions of the
product governed by those licenses); (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 are the property
of the applicable content owner and are
protected by applicable law.  The license
granted under this Agreement gives Licensee
no rights in or to such content.

7.  USE AND AVAILABILITY OF OPEN SOURCE CODE.
Portions of Netscape 6.1 were created using
source code governed by the Netscape Public
License (NPL) and the Mozilla Public License (MPL).
The source code for the portions of Netscape 6.1
governed by the NPL and MPL is available from
http://www.mozilla.org under those licenses.

8.  DISCLAIMER OF WARRANTY.  THE PRODUCT IS
PROVIDED FREE OF CHARGE, AND, THEREFORE, ON AN
"AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE WARRANTIES THAT IT IS FREE OF DEFECTS,
VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED
BASIS, 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 AFFILIATES OR THEIR RESPECTIVE
SUPPLIERS OR RESELLERS OR ANY CONTRIBUTORS TO
THE SOURCE CODE OF THE PORTIONS OF NETSCAPE
6.1 AVAILABLE FROM HTTP://WWW.MOZILLA.ORG
("OPEN SOURCE CONTRIBUTORS") 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.

9.  LIMITATION OF LIABILITY.  TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL LICENSOR OR ITS
AFFILIATES OR THEIR RESPECTIVE SUPPLIERS
OR RESELLERS OR ANY OPEN SOURCE
CONTRIBUTORS 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 LOST
PROFITS, 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 AND ITS AFFILIATES' ENTIRE
COLLECTIVE 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
LICENSOR UNDER A SEPARATE SUPPORT
AGREEMENT (IF ANY) AND REPLACEMENT OF
DEFECTIVE MEDIA OR PROVISION OF A
REASONABLY SIMILAR PRODUCT, AS DETERMINED
AT NETSCAPE'S SOLE DISCRETION (THE
REPLACEMENT PRODUCT MAY NOT PERFORM ALL
OF THE FEATURES AND FUNCTIONS OF THE
ORIGINAL PRODUCT), 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, CONSEQUENTIAL
OR SPECIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
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.
NETSCAPE IS NOT RESPONSIBLE FOR ANY
LIABILITY, WHETHER FOR INFRINGEMENT
OR OTHERWISE, ARISING OUT OF THE USE
OF THOSE PORTIONS OF NETSCAPE 6.1
AVAILABLE FROM HTTP://WWW.MOZILLA.ORG.

10.  DIGITAL CERTIFICATES.  The Product
supports certain cryptographic and
authentication features, including but
not limited to Secure Sockets Layer
communications, that may require the
installation and/or use of a digital
certificate.  Digital certificates are
issued, validated, and revoked by
third-party certification authorities
("CAs") over which Netscape has no control.
Licensee is solely responsible for
familiarizing itself with the terms and
conditions established by a CA for the use
of, or reliance upon, its digital
certificates, including but not limited to
any obligation of Licensee to validate a
digital certificate, maintain the security
of a cryptographic key or password, or pay
fees for certification services.  Netscape
has preloaded digital certificates of certain
CAs into the Product in order to facilitate
the recognition of digital certificates that
such CAs have issued to persons, organizations,
or devices (including software code).
LICENSEE IS SOLELY RESPONSIBLE FOR ANY
DECISION TO USE OR RELY UPON A DIGITAL
CERTIFICATE, INCLUDING THOSE DIGITAL
CERTIFICATES THAT NETSCAPE HAS PRELOADED
INTO THE PRODUCT.  NETSCAPE BEARS NO
RESPONSIBILITY FOR THE VALIDITY OR ACCURACY
OF ANY DIGITAL CERTIFICATE, OR FOR THE
SECURITY OR INTEGRITY OF ANY TRANSACTION OR
COMMUNICATION AUTHENTICATED BY A DIGITAL
CERTIFICATE.

11.  EXPORT / IMPORT.  Licensee agrees to
comply with all export and import laws and
restrictions and regulations of the United
States and foreign countries, and not to
export, re-export or import the Product or
any direct product thereof in violation of
any such restrictions, laws or regulations,
or without all necessary authorizations.
Neither the Product nor the underlying
information or technology may be downloaded
or otherwise exported or re-exported (i) to
Cuba, Iran, Iraq, Libya, North Korea, Sudan,
Syria, the Taliban-controlled areas of
Afghanistan, or any other country subject
to U.S. trade sanctions applicable to 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
any named party or individual on the U.S.
Department of Treasury, Office of Foreign
Assets Control list of Specially Designated
Nationals and Blocked Persons, and/or the
U.S. Department of Commerce, Bureau of
Export Administration Denied Persons
List or Entity List.  By downloading
or using the Product, Licensee agrees
to the foregoing and represents and
warrants that it complies with these
conditions.

12.  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, but not limited
to, 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.

13. BROWSER DOWNLOAD AND INSTALLATION FEEDBACK.
When downloaded and installed onto your
computer, the Product may automatically
send information relating to the download
and install process to Netscape.  Netscape
may use the information for such purposes
as improving the reliability of the
download and install process and improving
its services to users.  The information
may include, for example, the configuration
of the Product downloaded and installed,
conflicts or errors encountered during the
download and install process, conflicts
created during the download and install
process based on the hardware configuration
encountered, or success of the download and
install process.  No user identifiable data
is included in the information sent to Netscape.

14.  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.

15.  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 Commonwealth
of Virginia, U.S.A., excluding its conflict
of law provisions.  (d) Unless otherwise
agreed in writing, all disputes relating
to this Agreement are subject to the exclusive
jurisdiction of the courts of Virginia and you
expressly consent to the exercise of personal
jurisdiction in the courts of Virginia in
connection with any such dispute including
any claim involving Netscape or its affiliates,
subsidiaries, employees, contractors, officers
and directors.  (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
of competent 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.

16.  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
presentes confirment leur volonte
que cette convention de meme que
tous les documents y compris tout
avis qui s'y rattache, soient
rediges 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 6.1 EULA
rev.  07-03-01