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License.txt
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1989-12-31
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12KB
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203 lines
NETOBJECTS
SOFTWARE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING
WITH THE INSTALLATION PROCESS OF THE ACCOMPANYING SOFTWARE
(the "Software"). BY CLICKING ON THE "OK" OR "ACCEPT" BUTTON,
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 AND PROMPTLY
RETURN THIS PACKAGE AND THE REST OF THE PRODUCT TO YOUR SUPPLIER
FOR A FULL REFUND.
PART I: EVALUATION LICENSE:
1. Evaluation License. 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.
2. DISCLAIMER OF WARRANTY. THE SOFTWARE PROVIDED FOR EVALUATION
AND THE DOCUMENTATION 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 or dealers) assume the
entire cost of all necessary servicing or repair.
3. WARNING. The Software provided for evaluation purposes 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.
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.
PART II: TERMS APPLICABLE TO ALL LICENSES PAID:
1. License. NetObjects, Inc. ("NetObjects") grants you a non-exclusive
right and license to use the accompanying computer software (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.
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. 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.
3. Term. 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 will survive
termination of this Agreement. Upon termination, you agree to destroy all
copies of the Software.
4. Limited Warranty. 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.
THE SOFTWARE AND THE DOCUMENTATION 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
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.
5. 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.
6. 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 reexported (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.
7. 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 server physical or environmental damage.
NetObjects and its suppliers specifically disclaim any express or implied
warranty of fitness for any high risk uses listed above.
8. 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 (and its
licensor(s)).
9. 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 judicially determined to be invalid or unenforceable, in whole
or in part, the remaining provisions shall nevertheless be binding and
enforceable, and shall be enforced to the maximum permissible extent.
10. 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.