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LICENSE.TXT
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1998-08-17
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Le contrat de licence ci-aprΦs est en anglais. La version
anglaise prΘvaut sur toute autre version. AprΦs avoir
installΘ votre logiciel, vous pouvez, si vous le
dΘsirez, revoir le texte en franτais de ce contrat de
licence. Il vous suffit de taper "about:license " dans
le champ URL du Navigateur. AprΦs lecture du texte
franτais, si les termes et conditions de ce contrat
de licence ne vous conviennent pas, veuillez effacer
le logiciel et, dans la mesure du possible, vous
adresser α votre revendeur pour lui retourner votre
achat et obtenir un remboursement.
NETSCAPE CLIENT PRODUCTS LICENSE AGREEMENT
REDISTRIBUTION OR RENTAL NOT PERMITTED
These Terms apply to Netscape Communicator Standard
Edition, Deluxe Edition, Internet Access Edition, and
Professional Edition, Netscape Publishing Suite,
Netscape Navigator and Netscape Navigator Gold.
GENERAL LICENSE TERMS & CONDITIONS
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING
THE SOFTWARE PRODUCTS LISTED ON THE PRODUCT SCHEDULE,
QUOTATION AND OFFER FORM, OR INVOICE (THE "PRODUCTS"),
THE INDIVIDUAL OR ENTITY WHICH HAS LICENSED THE
PRODUCT(S) ("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 SOFTWARE.
(Depending on the method of acquisition, the licensed
Products will be listed on a Product Schedule, Quotation
and Offer form, or invoice. The term "Product Schedule"
shall be used herein to refer to whichever of these
documents is applicable.)
1. AGREEMENT. The "Agreement" governing Licensee's use
of the Product(s) consists of these General License Terms
and Conditions ("General Terms"), each set of product
specific license terms and conditions which follow
("Product Terms"), and, if provided, the (i) Corporate
End User Order Form and Product Schedule or (ii)
Quotation and Offer form, as applicable. If more than
one license agreement was provided for this Product, and
the terms vary, the order of precedence of those license
agreements is as follows: a signed agreement, a license
agreement available for review on the Netscape website, a
printed or electronic agreement that states clearly that
it supersedes other agreements, a printed agreement
provided with a Product, an electronic agreement provided
with a Product. The General Terms apply to all Products
on the Product Schedule, and each set of Product Terms
applies only to the individual Products identified in the
Product Terms sheet. All Products are licensed
independently of one another. 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. In this Agreement "Licensor"
shall mean Netscape except as otherwise set forth
herein. If Licensee acquired the Product(s) as a bundled
component of a third party product or service, then such
third party shall be Licensor. 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. This Agreement shall remain in
effect until terminated in accordance with this Section
or as otherwise provided in this Agreement. Licensee may
terminate this Agreement at any time by written notice to
Licensor. Licensor may terminate this Agreement
immediately in the event of (i) any breach of Section 6
or 8 by Licensee or (ii) a material breach by Licensee
which is not cured within 30 days of written notice by
Licensor. Upon termination, Licensee shall discontinue
use and certify as destroyed, or return to Licensor, all
copies of the Product(s). Licensee's obligation to pay
accrued charges and fees shall survive any termination of
this Agreement. Within 30 calendar days after
termination of the Agreement, Licensee shall pay to
Licensor all sums then due and owing.
3. FEES AND TAXES. If Licensee is purchasing a license
for the Product(s) directly from Netscape, all fees are
exclusive of taxes, withholdings, duties or levies
(collectively herein "Levies"), however designated or
computed, and Licensee shall be responsible for paying
all such Levies except for taxes based on Netscape's net
income. If Licensee is exempt from such Levies, Licensee
shall provide to Netscape a valid tax or other Levy
exemption certificate acceptable to the taxing or other
levying authority.
4. PROPRIETARY RIGHTS. Title, ownership rights, and
intellectual property rights in the Product(s) 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(s). The Product(s) are protected by copyright
and other intellectual property laws and by international
treaties. Title and related rights in the content
accessed through the Product(s) 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
Licensor.
5. RESTRICTIONS. Except as otherwise expressly permitted
in this Agreement, Licensee may not: (i) modify or create
any derivative works of any Product or documentation,
including translation or localization (Licensees code
written to published APIs (application programming
interfaces) for the Product(s) shall not be deemed
derivative works); (ii) decompile, disassemble, reverse
engineer, or otherwise attempt to derive the source code
for any 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 any Product;
(iv) copy any 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(s); (vi) modify any
header files or class libraries in any 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 any Product to a third party
without Netscape's prior written consent; (ix) use the
database provided for use with any Product except in
conjunction with the relevant Product; or (x) use any
Product on a system with more CPUs than the number
licensed, by more Users than have been licensed, on more
computers than the number licensed, or by more developers
than the number licensed, as applicable.
6. LIMITED WARRANTY. Provided Licensee has paid the
applicable license fees, for 90 days after the date of
shipment to Licensee (date of shipment meaning either the
date Licensor shipped the Product on media or the date on
which Licensee downloaded the Product from an authorized
Netscape download site) of each Product (the "Warranty
Period"), Licensor warrants that (i) the media on which
the Product is delivered will be free of defects in
material and workmanship under normal use; and (ii) the
unmodified Product, when properly installed and used,
will substantially achieve the functionality described in
the appli