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- NetObjects, Inc.
- NETOBJECTS FUSION SOFTWARE LICENSE AGREEMENT
-
-
- IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
- CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE
- ("THE SOFTWARE"). BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON,
- YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK
- THE "NO" OR "DECLINE" BUTTON TO TERMINATE THE INSTALLATION
- PROCESS. YOU MAY THEN RETURN THE SOFTWARE TO YOUR
- SUPPLIER FOR A FULL REFUND.
-
- 1. License. If you have purchased a license to the Software, NetObjects, Inc.
- ("NetObjects") grants you a non-exclusive right and license to use the Software
- and the related documentation (the "Documentation") as set forth in this Agreement.
- You may use the Software on a single computer. You may also use the Software on a
- second (portable or home) computer so long as only one copy is used at a time.
- You may make a single copy of the Software for backup and archival purposes only provided
- that any copy must contain all proprietary notices included in the original. You may use
- the Documentation to assist in your use of the Software. If you download the Software
- without physical delivery of Documentation, you may review the Documentation online, but
- you may not make further copies of the Documentation. You own the media on which the
- Software is recorded, but not the Software itself or any copy of it. This license is not
- a sale of the original or any copy of the Software.
-
- If you have obtained an evaluation copy of the Software, and have not purchased a license
- to the Software, NetObjects grants you a 30-day non-exclusive license to use the Software
- free of charge for the purpose of evaluating whether you wish to purchase an ongoing license
- for the Software. WARNING: Evaluation copies of the Software will become non-functional
- thirty (30) days following initial installation in your computer. NetObjects disclaims all
- liability and responsibility for any loss of data or other information which may occur
- as a result thereof.
-
-
- 2. Copying, Transferring or Modifying Software. The Software contains copyrighted material,
- trade secrets and other proprietary intellectual property. You may not permit concurrent
- use of the Software unless each user has an applicable license. You may not permit other
- individuals to use the Software except under the terms listed above. For the purposes of
- protecting NetObjects trade secrets, you may not decompile, disassemble, reverse-engineer
- or otherwise display the Software in human- readable form. You may not modify, translate,
- rent, lease, distribute or lend the Software, and you may not sell to others the right to
- use the Software on your computer. You may not remove any proprietary notices or labels on
- the Software. You may not copy, transfer, transmit, sublicense or assign this license or
- the Software except as expressly permitted in this Agreement. You agree that the terms of
- this paragraph apply to the Software or any portion thereof, whether owned by NetObjects or
- NetObjects' licensors, including without limitation NetCarta Corporation.
-
-
- 3. License to Use Content. All artwork, graphics, icons, media and other files contained
- in the Software, including without limitation Sample Sites, Templates (AutoSites, Forms,
- Pages), SiteStyles, Sample Content and Extras (collectively, the "Content"), are copyrighted
- material owned by NetObjects or its licensors. NetObjects grants you a non-exclusive right
- and license to: (i) incorporate object code copies of the Content into your own works created
- using the Software in accordance with the Documentation, such as your own web site or a web
- site you design for someone else (the "User Works"); (ii) duplicate the Content to the
- extent it is embedded in the User Works, in object code form only; (iii) and distribute or
- display the Content to the extent it is embedded in the User Works, in object code form only.
- You have no right to, and agree not to, duplicate, distribute, display or use the Content or
- any portion thereof (whether on a web site or through any other medium, and whether separately
- or as part of another product or work), other than as embedded in the User Works created
- using the Software and as set forth in this Agreement.
-
-
- 4. Term. If you have purchased a license to the Software, this Agreement and license are
- effective from the time you accept the terms of this Agreement until this Agreement is terminated.
- You may terminate this Agreement at any time by destroying all copies of the Software. This
- Agreement will terminate immediately and without further notice if you fail to comply with
- any provision of this Agreement. All obligations of confidentiality and restrictions on use,
- and all other provisions that may reasonably be interpreted to survive termination of this
- Agreement, will survive termination of this Agreement for any reason. Upon termination, you
- agree to destroy all copies of the Software. If you have obtained an evaluation copy of the
- Software, and have not purchased a license to the Software, this Agreement and license are
- effective for a period of thirty (30) days from the date of installation of the Software.
-
-
- 5. Limited Warranty. If you have purchased a license to the Software, and if the Software
- is delivered using a computer storage media such as a CD ROM or diskette, NetObjects warrants
- that the media on which the Software is furnished will be free from defects in materials and
- workmanship under normal use for ninety (90) days from the date you received the Software,
- as shown by your receipt. This warranty is limited to you and is not transferable. This
- warranty does not cover damage caused by improper use or neglect. NetObjects' entire liability
- and your exclusive remedy shall be, at NetObjects' option (i) to replace the defective media;
- (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) to refund the license fee you paid for the Software. If you have
- obtained an evaluation copy of the Software, and have not purchased a license to the Software,
- NetObjects makes no warranties of any kind with respect to the media (if any) on which the
- Software is furnished, and such media is provided "as is" and without warranties of any kind.
-
-
- 6. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND (EXCEPT AS PROVIDED IN SECTION 5)
- THE MEDIA UPON WHICH THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
- OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE
- QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR
- THE DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT NETOBJECTS OR ITS DISTRIBUTORS, LICENSORS OR DEALERS)
- ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
-
-
- NETOBJECTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS
- OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL
- BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR
- WRITTEN STATEMENT BY NETOBJECTS OR BY A REPRESENTATIVE OF NETOBJECTS SHALL CREATE A WARRANTY OR
- INCREASE THE SCOPE OF THIS WARRANTY.
-
-
- NETOBJECTS DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY
- COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND
- DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE
- DESIGNATED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE
- OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
-
-
- Notwithstanding the above, you may have certain warranty rights which vary from state to state
- and which cannot be disclaimed by contract. Any warranties that by law survive the foregoing
- disclaimers shall terminate ninety (90) days from the date you received the Software as shown
- by your receipt. Some states do not allow limitations on how long an implied warranty lasts,
- so the foregoing limitation may not apply to you if prohibited by law.
-
-
- 7. Limitation of Liability. YOUR SOLE REMEDIES AND NETOBJECTS' ENTIRE LIABILITY ARE SET FORTH
- ABOVE. IN NO EVENT WILL NETOBJECTS OR ITS DISTRIBUTORS OR DEALERS BY LIABLE FOR DIRECT, INDIRECT,
- INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE
- THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL NETOBJECTS' TOTAL LIABILITY TO YOU
- FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE,
- OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THIS PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE
- EXCLUSION OR LIMITATION OF RELIEF, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
- OR EXCLUSION MAY NOT APPLY TO YOU.
-
- You agree that NetObjects and its distributors and dealers will not be liable for defense or
- indemnity with respect to any claim against you by any third party arising from your possession
- or use of the Software or te Documentation.
-
-
- 8. Export Control Laws. You agree to comply with all laws, rules and regulations applicable
- to the export of the Software or the Documentation. Specifically, you shall not export,
- re-export or transship the Software or the Documentation, or the direct product thereof, in
- violation of any United States laws and regulations which may from time to time be applicable.
- None of the Software or underlying information or technology may be downloaded or otherwise
- exported or re-exported (i) into any 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 Order. 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.
-
-
- 9. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured
- or intended for use or resale as online equipment 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. NetObjects and its suppliers specifically disclaim any express
- or implied warranty of fitness for any high risk uses listed above.
-
-
- 10. Government Restricted Rights. The Software has been developed at private expense and is
- "commercial computer software" or "restricted computer software" within the meaning of the FARs,
- the DFARs, and any other similar regulations relating to government acquisition of computer software.
- Nothing contained herein will be deemed to grant any government agency any license or other rights
- greater than are mandated by statute or regulation for commercial computer software developed entirely
- at private expense.
-
-
- 11. Governing Law and Interpretation. This Agreement shall be interpreted under and governed
- by the laws of the State of California, without regard to its rules governing the conflict of laws.
- If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent
- jurisdiction, the remaining provisions of this Agreement shall remain in effect and the invalid provision
- deemed modified to the least degree necessary to remedy such invalidity.
-
-
- 12. Entire Agreement. This Agreement is the complete agreement between NetObjects and you and
- supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
- If you have any questions concerning this Agreement, you may write to NetObjects, Inc.,
- Customer Service, 301 Galveston Drive, Redwood City, California 94063.
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