.net 1998 September/net49.iso/mac/net/Feature/Feature3/NetMac/Netscape Installer/License

Text File | 1998-07-09 | 17.4 KB | 266 lines | [ttro/ttxt]

NETSCAPE PUBLIC BETA TEST LICENSE AGREEMENT
REDISTRIBUTION OR RENTAL NOT PERMITTED

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 Netscapeís 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 Netscapeís 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 Departmentís list of Specially
Designated Nationals or the U.S. Commerce Departmentís 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 présentés confirment leur volonté que cette convention
de même que tous les documents y compris tout avis qui síy rattaché,
soient redigés 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.