Chip 2000 October/CHIPINTE102000.ISO/browser/nc32lyc/license.bet

Text File | 2000-04-18 | 18.2 KB | 386 lines

         NETSCAPE CLIENT PRODUCTS LICENSE AGREEMENT
           REDISTRIBUTION OR RENTAL NOT PERMITTED

  These Terms apply to Netscape Communicator Standard
  Edition, Deluxe Edition, Internet Access Edition,
  and Professional Edition, Netscape Publishing
Suite, Netscape Navigator and Netscape Navigator
Gold.

             GENERAL LICENSE TERMS & CONDITIONS

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR
USING THE NETSCAPE BETA SOFTWARE PRODUCT WITH WHICH
THIS LICENSE AGREEMENT WAS PROVIDED (THE "PRODUCT"),
THE INDIVIDUAL OR ENTITY WHICH HAS LICENSED 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
PRODUCT.  IF LICENSEE HAS ALSO RECEIVED 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 THE USE OF THE
PRODUCT.

1. LICENSE GRANT.  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.  Netscape
grants Licensee a non-exclusive and non-transferable
license to use the executable code version of the
Product free of charge for evaluation and trial
purposes only for a limited time.  Licensee may not
use the Product for any purpose other than trial
and evaluation, including without limitation, operation
of its business, development of other applications
for ongoing use, or providing services to others.
THIS PRODUCT MAY CONTAIN CODE THAT DISABLES MOST OF
ITS FEATURES AFTER THE TIMEOUT DATE.  PLEASE SEE THE
README FILE INCLUDED WITH THE PRODUCT FOR THE TIMEOUT
DATE.  Licensee may make a limited number of copies
of the Product as required to conduct its evaluation,
provided each copy contains the original proprietary
notices and provided the use of any such copy is
governed by the terms of this Agreement.  This
Agreement does not entitle Licensee to hard-copy
documentation, support or telephone assistance.
While Netscape intends to distribute a commercial
release of the Product, Netscape reserves the right
at any time not to release a commercial release of
the Product or, if released, to alter prices,
features, licensing terms, or other characteristics
of the commercial release.  Any third party software
provided together with a Product with such third
party's electronic or printed license agreement is
included for use at Licensee's option, and any use of
such software shall be governed by the third party's
license agreement and not by this Agreement, except
to the extent that this Agreement indicates otherwise
with respect to specific third party software.

2. TERM AND TERMINATION.  The license granted under
this Agreement shall terminate on the earlier of (i)
the Timeout Date or (ii) 30 days following Netscape's
release of a commercial version of the Product.  The
license will terminate automatically if Licensee
fails to comply with the limitations described
herein.  Licensee must destroy all copies of the
Product upon termination.

3. 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 to such
content.  Any copy shall contain all notices
regarding proprietary rights as contained in the
Product originally delivered by Netscape.

4. Restrictions.  Except as otherwise expressly
permitted in this Agreement, and in addition to any
other restrictions herein, 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, use the Products in a timesharing or
service bureau arrangement, or otherwise transfer
rights to the Product; (iv) copy the Product (except
for an archival copy which must be stored on media
other than a computer hard drive) or documentation;
(v) remove or alter any trademark, logo, copyright or
other proprietary notices, legends, symbols or labels
in the Product; (vi) modify any header files or class
libraries in the Product; (vii) create or alter
tables or reports relating to the database portion of
the Product (except as necessary for operating the
Product); (viii) publish any results of benchmark
tests run on the Product or disclose Product
features, errors or bugs to a third party without
Netscape's prior written consent; (ix) use the
database provided for use with any Product except in
conjunction with the relevant Product; or (x) use the
Product for any purpose other than trial and evaluation.

5. DISCLAIMER OF WARRANTY.  THE PRODUCT IS PROVIDED
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 NETSCAPE
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.

6. LIMITATION ON LIABILITY.  (a) IN NO EVENT WILL
NETSCAPE OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, OR ANY DIRECT DAMAGES WITH RESPECT SOLELY TO
ANY DATABASE PRODUCT PROVIDED WITH 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 WHETHER ANY CLAIM IS BASED
UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE
THEORY.  (b) WITH THE EXCEPTION OF DEATH OR PERSONAL
INJURY CAUSED BY THE NEGLIGENCE OF NETSCAPE TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION, IN
NO EVENT WILL NETSCAPE OR ITS SUPPLIERS OR RESELLERS
BE LIABLE FOR ANY AMOUNTS IN THE AGGREGATE IN EXCESS
OF THE LICENSE FEES RECEIVED BY NETSCAPE FROM
LICENSEE HEREUNDER FOR THE PRODUCT GIVING RISE TO
SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR INVALIDITY
OF SUBSECTION (a) ABOVE.  SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT BE APPLICABLE.  LICENSEE IS SOLELY
RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF ANY
CONTENT PROVIDED BY LICENSEE AND/OR ANY MATERIAL TO
WHICH USERS CAN LINK THROUGH SUCH CONTENT. ANY DATA
INCLUDED IN A PRODUCT UPON SHIPMENT FROM NETSCAPE IS
FOR TESTING USE ONLY AND NETSCAPE HEREBY DISCLAIMS
ANY AND ALL LIABILITY ARISING THEREFROM.

7. 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 in order to utilize the
cryptographic features.  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.

8. EXPORT CONTROL.  Licensee agrees to comply with
all export laws and restrictions and regulations of
the U.S. Department of State, Department of Commerce
or other United States or foreign agency or
authority, 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.  Neither the Product nor the
underlying information or technology may be
downloaded or otherwise exported or re-exported (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 Product, Licensee agrees to
the foregoing and represents and warrants that it is
not located in, under the control of, or a national
or resident of any such country or on any such list.
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. 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
Department of State, the following applies: EXCEPT
FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN
CITIZENS, THE PRODUCT 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 PRODUCT, LICENSEE AGREES TO
THE FOREGOING AND WARRANTS THAT IT IS NOT A "FOREIGN
PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON."

9. 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, Netscape and its suppliers specifically
disclaim any express or implied warranty of fitness
for High Risk Activities.  Licensee agrees that
Netscape and its suppliers will not be liable for any
claims or damages arising from the use of the Product
in such applications.

10. 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.

11. NOTICES.  Any notice required or permitted
hereunder shall be in English, in writing and shall
be deemed to be properly given upon the earlier of
(i) actual receipt by the addressee (including
facsimile or e-mail) or (ii) 5 business days after
deposit in the mail, postage prepaid, when mailed by
registered or certified airmail, return receipt
requested, or (iii) 2 business days after being sent
via private industry courier to the respective
parties at the addresses set forth in the Order Form
or to such other person or address as the parties may
designate in a writing. Notices to Netscape shall be
to the attention of the Legal Department, at Netscape
Communications Corporation, 501 East Middlefield
Road, Mountain View, CA 94043, USA.

12. EDUCATIONAL USERS.  If Licensee is a qualifying
educational or nonprofit institution within the
United States or Canada, certain Netscape client and
server products are available for free download from
the Netscape download site, and selected other client
and server products are available at an educational
discount. Qualifying educational institutions are
grammar schools, junior high schools and high
schools; junior colleges, colleges and universities
that are accredited and issue two-year, four-year or
advanced degrees; public libraries; and state
departments of education.  Students, faculty and
staff at qualifying educational institutions are
authorized to use the software products obtained
through an education program, for educational
purposes only.  Only charitable nonprofit
organizations that have been preapproved by Netscape
qualify for free or discounted Netscape products.
Hospitals do not qualify for this program.  For more
information on programs for educational and nonprofit
institutions, please visit the following website:

http://home.netscape.com/comprod/business_solutions/education/index.html

13. MISCELLANEOUS.  (a) This Agreement constitutes
the entire agreement between the parties concerning
the subject matter hereof and supersedes all prior
and contemporaneous agreements and communications,
whether oral or written, between the parties relating
to the subject matter hereof, and all past courses of
dealing or industry custom.  The terms and conditions
hereof shall prevail over any conflicting purchase
order or other written instrument submitted by
Licensee.  (b) This Agreement may be amended only by
a writing signed by both parties.  (c) This Agreement
shall be governed by the laws of the State of
California, U.S.A., without reference to 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 without the prior express written consent of
Netscape, which will not be unreasonably withheld.
(k) This Agreement shall be binding upon and shall
inure to the benefit of the parties, their successors
and permitted assigns.  (l) If applicable, this
Agreement may be executed in counterparts or by
facsimile, each of which shall be deemed an original,
and all of which together shall constitute one and
the same agreement.  (m) 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.  (n) The relationship between Netscape and
Licensee is that of independent contractors and
neither Licensee nor its agents shall have any
authority to bind Netscape in any way.  (o) 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.
(p) The headings to the sections of this Agreement
are used for convenience only and shall have no
substantive meaning.

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 presents 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 Client BETA Software EULA      Rev. 071098