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- NetObjects
- SOFTWARE LICENSE AGREEMENT
- -----------------------------
-
-
- IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
- OPENING THE ACCOMPANYING SOFTWARE (THE "SOFTWARE") PACKAGE
- OR CONTINUING WITH THE INSTALLATION PROCESS OF THE
- SOFTWARE. BY CLICKING ON THE "OK" OR "ACCEPT" BUTTON, OR
- BY OPENING THE SOFTWARE PACKAGE, YOU AGREE TO BE BOUND BY
- THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
- TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON
- TO TERMINATE THE INSTALLATION PROCESS OR PROMPTLY RETURN
- THE UNOPENED PACKAGE AND THE REST OF THE PRODUCT 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. The Software may also be
- used on a network, so long as each person accessing the Software
- through the network has a copy licensed to that person. 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. 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 and other
- files contained in the Software, including without limitation
- AutoSites, SiteStyles, Design Parts, and Plug-In Parts (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. GIF Licensing. This software contains GIF conversion capability
- covered by Unisys US Patent Number 4,557,302 and foreign counterparts,
- and may be used only for evaluation purposes, unless you purchase a
- license for the Software.
-
- 5. 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 30 days from the date of installation of
- the Software.
-
- 6. Limited Warranty. If you have purchased a license to the Software,
- 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.
-
- 7. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND
- (EXCEPT AS PROVIDEDIN SECTION 6) 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 AND FITNESS FOR A PARTICULAR PURPOSE.
- 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 DESIGNED TO PERMIT UNAUTHORIZED ACCESS,
- TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR
- DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
-
- 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.
-
- 8. Limitation of Liability. YOUR SOLE REMEDIES AND NETOBJECTS'
- ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL
- NETOBJECTS OR ITS DISTRIBUTORS OR DEALERS BE 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.
-
- 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
- the Documentation.
-
- 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 STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
- WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR
- LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
- LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY
- GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
- RIGHTS WHICH VARY FROM STATE TO STATE.
-
- 9. 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 (or to a
- national or resident of) Cuba, Iran, Iraq, Libya, Serbia, Montenegro,
- North Korea, 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 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.
-
- 10. 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.
-
- 11.Government Restricted Rights. For units of the Department of Defense,
- use, duplication, or disclosure by the Government is subject to
- restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
- Technical Data and Computer Software clause at DFARS 252.227-7013.
- Contractor/manufacturer is NetObjects, Inc., 2055 Woodside Road,
- Redwood City, California 94061.
-
- If the Commercial Computer Software Restricted rights clause at
- FAR 52.227-19 or its successors apply, the Software and Documentation
- constitute restricted computer software as defined in that clause and
- the Government shall not have the license for published software set
- forth in subparagraph (c)(3) of that clause.
-
- The Software (i) was developed at private expense, and no part of it
- was developed with governmental funds; (ii) is a trade secret of
- NetObjects (or its licensor(s)) for all purposes of the Freedom of
- Information Act; (iii) is "restricted computer software" subject to
- limited utilization as provided in the contract between the vendor
- and the governmental entity; and (iv) in all respects is proprietary
- data belonging solely to NetObjects (or its licensor(s)).
-
- 12. 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.
-
- 13. 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., 2055 Woodside Road, Redwood City, California 94061.
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