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- NetObjects, Inc.
- 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 "YES" 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 "NO" OR "DECLINE"
- 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. 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 on 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,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. GIF Licensing. This software contains GIF conversion capability covered by Unisys
- US Patent Number 4,558,302 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 PROVIDED IN 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 DESIGNATED 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., 301 Galveston
- Drive, Redwood City, California 94063.
-
- 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., Customer Service, 301 Galveston Drive, Redwood City, California 94063.
-