Internet Magazine 2002 August/INTERNET94.ISO/mac/SOFTWARE/MAC/BROWSING/NETSCAPE/NETSCAPE6.HQX/Netscape 6 Full Installer/License

Text File | 2000-11-08 | 16.0 KB | 345 lines

NETSCAPE 6 END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted

These terms apply to Netscape 6.

BY CLICKING THE ACCEPTANCE BUTTON FOR THE NETSCAPE 6 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 ALL OF THE TERMS OF THIS AGREEMENT,
YOU MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE,
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 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 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 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 AVAILABLE FROM HTTP://WWW.MOZILLA.ORG.

10. 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 version of the Product
includes FORTEZZA features, Licensee will need to
obtain PC Card Readers and FORTEZZA Crypto Cards
from another vendor to enable the FORTEZZA features
of the Product.

11. 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, Serbia, the
Taliban-controlled areas of Afghanistan 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, the U.S. Commerce Department's Denied Persons List,
or the U.S. Commerce Department's 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 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.

13. 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.

14. 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.

15. 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 prÄsentes
confirment leur volontÄ que cette convention de mÉme
que tous les documents y compris tout avis qui s'y
rattache, soient redigÄs 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 EULA                 Rev. [102400]