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license.txt
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1996-10-11
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ATTACHMENT A
BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE,
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 "DO NOT ACCEPT" BUTTON AND THE
INSTALLATION PROCESS WILL NOT CONTINUE, (IF APPLICABLE, YOU
MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL
REFUND.)
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (I)
WITH THE INTERNET OR INTRANET ACCESS SERVICES INITIALLY
OFFERED BY [LICENSOR] IN CONJUNCTION WITH THE DISTRIBUTION
OF THE SOFTWARE AND DOCUMENTATION AND (II) IN ACCORDANCE
WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS
GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER
INTERNET OR INTRANET ACCESS OR OTHER NETWORK SERVICE.
NETSCAPE END USER LICENSE AGREEMENT
REDISTRIBUTION OR RENTAL NOT PERMITTED
LICENSE GRANT. _____________ ("Licensor") hereby grants to
you a non-exclusive license to use its accompanying software
product ("Software") and accompanying documentation
("Documentation") on the following terms:
PART I - TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF LICENSE GRANT.
You may:
* use the Software only with the Internet or Intranet
service initially offered by Licensor in conjunction with
the distribution of the Software and Documentation
("Licensor's Services") which it is bundled;
* use the Software on any single computer;
* use the Software on a second computer so long as the
first and second computers are not used simultaneously; or
* copy the Software for archival purposes, provided any
copy must contain all of the original Software's
proprietary notices.
* if you have purchased licenses for a 10 Pack or a 50 Pack,
make up to 10 or 50 copies, respectively, of the Software
(but not the Documentation), or, if you have purchased
licenses for multiple copies of the Software, make the
number of copies of Software (but not the Documentation)
which the packing slip or invoice states you have paid for,
provided any copy must contain all of the original
Software's proprietary notices. The number of copies on
the invoice is the total number of copies that may be made
for all platforms. Additional copies of Documentation may
be purchased.
You may not:
* use the Software or Documentation in conjunction with
any Internet or Intranet access or other network service,
other than Licensor's Services;
* permit other individuals to use the Software except
under the terms listed above;
* 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 or Documentation;
* copy the Software or Documentation (except for back-up
purposes);
* rent, lease, transfer or otherwise transfer rights to
the Software or Documentation; or
* remove any proprietary notices or labels on the
Software or Documentation.
SOFTWARE. If you receive your first copy of the Software
electronically, and a second copy on media, the second copy
may be used for archival purposes only. This license does
not grant you any right to any enhancement or update.
TITLE. Title, ownership rights, and intellectual property
rights in the Software shall remain in Licensor and/or its
suppliers. The Software is 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.
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, if the licensed 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.
LIMITED WARRANTY. Licensor warrants that for a period of
ninety (90) days from the date of acquisition, the Software,
if operated as directed, will substantially achieve the
functionality described in the Documentation. Licensor does
not warrant, however, that your use of the Software will be
uninterrupted or that the operation of the Software will be
error-free or secure. In addition, the security mechanisms,
if any, implemented by the Software have inherent
limitations, and you must determine that the Software
sufficiently meets your requirements. Licensor also warrants
that the media containing the 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 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 (ii) to
advise you how to achieve substantially the same
functionality with the Software as described in the
Documentation through a procedure different from that set
forth in the Documentation; or (iii) if the above remedies
are impracticable, to refund the license fee you paid for
the Software. Repaired, corrected, or replaced Software and
Documentation shall be covered by this limited warranty for
the period remaining under the warranty that covered the
original Software, or if longer, for thirty (30) days after
the date (a) of shipment to you of the repaired or replaced
Software, or (b) Licensor advised you how to operate the
Software so as to achieve the functionality described in the
Documentation.
Only if you inform Licensor of your problem with the
Software during the applicable warranty period and provide
evidence of the date you purchased a license to the 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 30 days of being so notified.
If any modifications are made to the 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 be
terminated. This warranty shall not apply if the Software is
used on or in conjunction with hardware or software other
than the unmodified version of hardware and software with
which the Software was designed to be used as described in
the Documentation.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE
BY LICENSOR. 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 LICENSOR
DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, 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 OTHER PARTY. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY RESULTING FROM NETSCAPE'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. If the copy of the Software you received was
accompanied by a printed or other form of "hard-copy" End
User License Agreement whose terms vary from this Agreement,
then the hard-copy End User License Agreement governs your
use of the Software. 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. This Agreement shall be
governed by California law (except to the extent applicable
law, if any, provides otherwise). The application of the
United Nations Convention of 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.
Contractor/manufacturer is Netscape Communications
Corporation, 501 East Middlefield Road, Mountain View, CA
94043.
THIRD PARTY BENEFICIARY. Licensor and you each agree that
Netscape Communications Corporation shall, as an intended
third party beneficiary of this Agreement, have the right to
rely upon and directly enforce the terms set forth herein.
NSP [Attachment A] - - Rev. 082296
CONFIDENTIAL