HyperStudio/HSW_PREVIEW.iso/pc/INTERNET/NETCOM/WIN31/_SETUP.LIB/EULASW.TXT

Text File | 1996-09-13 | 11.4 KB | 194 lines

BY OPENING THE PACKAGE OR CLICKING ON THE "YES" BUTTON,
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 "NO" BUTTON AND
OR RETURN THIS PRODUCT TO THE PLACE OF PURCHASE FOR A
FULL REFUND.

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE
ONLY (I) WITH THE INTERNET ACCESS SERVICES OFFERED BY
NETCOM ON-LINE COMMUNICATION SERVICES, INC.  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
ACCESS OR OTHER NETWORK SERVICE.

GRANT.  NETCOM On-Line Communication Services, Inc. and its third party
licensors (collectively, "Licensor") grant to you a non-exclusive license to use
the accompanying software product ("Software") and accompanying
documentation ("Documentation") on the following terms:

You may: use the Software only with the Internet service offered by Licensor in
conjunction with the distribution of the Software and Documentation
("Licensor's Internet Service") which it was 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 or back-up purposes, provided any copy must contain all of the original
Software's proprietary notices.

You may not: use the Software or Documentation in conjunction with any
Internet access or other network service, other than Licensor's Internet Service.
permit other individuals to use the Software except under the terms listed above;
permit concurrent use of the Software or Documentation; modify, translate,
reverse engineer, decompile, disassemble, or create derivative works based on
the Software or Documentation (except to the extent applicable laws specifically
prohibit such restriction); copy the Software or Documentation (except for back-
up purposes); rent, lease, transfer or otherwise transfer rights to the Software or
Documentation; remove any proprietary notices or labels on the Software or
Documentation; or use the Software if you no longer use the Licensor's Internet
Service, unless you independently procure a license to use the Software on an
unbundled basis from an authorized reseller or directly from NETCOM's third
party licensors.

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 and to the
Software and Documentation shall remain in Licensor and/or its third party
licensors.  The Software is protected by the copyright laws of the United States
and international copyright treaties.  Title, ownership rights, and intellectual
property rights in and to the content accessed through the Software is the
property of the applicable content owner and may be protected by applicable
copyright or other law.  This License gives you no rights to such content.  To
the extent that the Software and Documentation is provided by license from
Netscape Communications Corporation, Quarterdeck Corporation, or other third
party licensor, such licensor is an intended third party beneficiary of this
agreement and may directly enforce the terms of the agreement related to its
software and documentation.

LIMITED WARRANTY.  Licensor does not warrant that your use of the
Software will be uninterrupted or that the operation of the Software will be
error-free or secure and hereby disclaims any and all liability on account
thereof.  In addition, the security mechanisms implemented by the Software  has
inherent limitations, and you must determine that the Software sufficiently
meets your requirements.  Licensor 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)
if the above remedy is 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
of shipment to you of the repaired or replaced Software.  Only if you inform
Licensor of your problem with the Software during the applicable warranty
period and provide evidence of the date you acquired the Software will Licensor
be obligated to honor this warranty.  Licensor will use reasonable commercial
efforts to repair, replace, advise or refund pursuant to the foregoing warranty
within 30 days of being so notified.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY OR
CONDITION MADE BY LICENSOR.  LICENSOR MAKES NO OTHER
EXPRESS WARRANTY AND ALL OTHER WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE,
ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT POSSIBLE BY
LAW.  NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS
AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR
ADDITIONS TO THIS WARRANTY.  If the media is subjected to accident,
abuse, or improper use; or if any you make any prohibited modifications to the
Software during the warranty period; or if you otherwise violate the terms of
this agreement, then this warranty shall immediately and automatically
terminate.  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 WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
STATE OR BY JURISDICTION.

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, OR FOR ANY DAMAGES IN EXCESS OF LICENSOR'S LIST
PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION,
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 to the extent applicable law prohibits such limitation.  Such
applicable law may include legislation derived from Council Directive
85/374/EEC of July 25, 1985 concerning liability for defective products.
Furthermore, some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so this limitation and exclusion may not
apply to you.

TERMINATION.  The license will terminate automatically if you fail to comply
with the limitations described above, unless you have remedied such failure
within thirty (30) days of the date on which you failed to comply with the
limitations described above and notify Licensor accordingly.  On 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, North Korea, Yugoslavia, Iran,
Syria or any other country to which the U.S.  or U.K.  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 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.

MISCELLANEOUS.  This agreement represents the complete agreement
concerning this license between the parties and supersedes all prior agreements
and representations between them.  It 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
CONTAINED IN YOUR PURCHASE ORDER.  If any provision of this
agreement is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable.  This agreement
shall be governed by and construed under California law as such law applies to
agreements between California residents entered into and to be performed
within California, except as governed by Federal law.  The application the
United Nations Convention of Contracts for the International Sale of Goods is
expressly excluded.

U.S.  GOVERNMENT RESTRICTED RIGHTS.  Use, duplication or disclosure
by the Government is subject to restrictions set forth in subparagraphs (a)
through (d) of the Commercial Computer-Restricted Rights clause at FAR
52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013, and in
similar clauses in the NASA FAR Supplement.  Contractor/manufacturer is
NETCOM On-Line Communication Services, Inc., 2 North Second Street, Suite
600, San Jose, CA 95113.  If you are a unit or agency of the Government or are
acquiring the Software and Documentation for any such unit or agency, the
following apply:

(a)  If the unit or agency is the Department of Defense ("DOD"), the Software
and Documentation are classified as "commercial computer software" and
"commercial computer software documentation", respectively, and, pursuant to
DFAR Section 227.7202, the Government is acquiring the Software and
Documentation in accordance with the terms of this agreement.

(b)  If the unit or agency is other than DOD, the Software and Documentation
are classified as "commercial computer software" and "commercial computer
software documentation", respectively, and pursuant to FAR Section 12.212, the
Government is acquiring the Software and Documentation in accordance with
the terms of this agreement.