END-USER LICENSE AGREEMENT
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The program listings included in this book and the programs included on the CD-ROM contained in this package ("CD-ROM") are proprietary products of Against All Odds and/or third party suppliers ("Suppliers"). The program listings and programs are hereinafter collectively referred to as the "Programs." Against All Odds and the Suppliers retain ownership of the CD-ROM and copyright to the programs, as their respective interests may appear. The Programs and the copy of the CD-ROM provided are licensed (not sold) to you under the conditions set forth herein.
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TRADEMARK AND COPYRIGHT INFORMATION
DIRECTOR® COPYRIGHT © 1996, Macromedia, Inc. Made with Macromedia is a trademark of Macromedia, Inc. Quicktime, the Quicktime Logo, System 7, PowerMacintosh and Macintosh are trademarks of Apple Computer, Inc. used under license. Windows is a registered trademark of Microsoft Corporation. Adobe, Adobe Acrobat Pro, Adobe After Effects, Adobe PageMill, Adobe PageMaker, Adobe Photoshop, Adobe Dimensions, Adobe Fetch, Adobe Gallery Effects, Adobe Illustrator, Adobe FrameMaker, Adobe Premiere, Adobe PhotoDeluxe, Adobe Type On Call, Adobe Persuasion and Adobe Acrobat Reader are registered trademarks of Adobe Systems Incorporated. The Quebe is a registered trademark of ad-hoc Interactive. Kodak, Kodak APS and Kodak Digital Science are registered trademarks of Eastman Kodak Company. Netscape Navigator, Netscape Commerce Server, Netscape News Server, Netscape Mail Server, Netscape Power Pack, and Netscape Personal Edition are registered trademark s of Netscape Communications Corporation. Nightline is a registered trademark of ABC News. NEC Versa Notebook Computer is a registered trademark of NEC USA, Inc.. RealAudio is a registered trademark of Progressive Networks. America Online is a service mark of America Online, Inc. Sun is a trademarks of Sun Microsystems, Inc. Solaris is a registered trademark of Sun Microsystems, Inc., SPARCstation is a registered trademark of SPARC International, Inc., licensed exclusively to Sun Microsystems, Inc and is based upon an architecture developed by Sun Microsystems, Inc. All other brand and product names are trademarks, registered trademarks or service marks of their respective holders.
Copyright ©1996. Against All Odds Productions. All Rights Reserved
Netscape Navigator Trial License Agreement
BY USING THE SOFTWARE OR OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND RETURN THE SOFTWARE TO NETSCAPE.
TRIAL LICENSE AGREEMENT Netscape Navigator Dial-Up Kit
GRANT. Subject to the provisions contained in this Trial License Agreement ("Trial Agreement"), Netscape Communications Corporation ("Netscape") hereby grants you ("Licensee") a non-exclusive license to use Netscape's proprietary Netscape Navigator Dial-UP Kit ("Software"), solely for evaluation purposes prior to possible licensing, for a period of ninety (90) days from Netscape's delivery of such Software. Such Software and any accompanying documentation ("Documentation") are protected by the copyright laws of the United States and international copyright treaties.
SOFTWARE AND DOCUMENTATION. Netscape shall furnish the Software to Licensee electronically or on media in machine-readable object code form. If Licensee receives its first copy of the Software electronically, and a second copy on media, the second copy may be used for backup and archive purposes only. This Trial Agreement does not grant Licensee any right to any enhancement or update to the Software and Documentation.
RESTRICTED USE. Licensee shall not copy the software, except for backup or archival purposes. Any such copy made by Licensee shall be subject to this Trial Agreement and shall contain all of Netscape's and it's suppliers' notices regarding copyrights, trademarks and other proprietary rights as contained in the Software originally provided to Licensee. Licensee shall not lend, rent, lease or otherwise transfer the Software.
TITLE. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in Netscape and/or its suppliers. This Trial Agreement does not include the right to sublicense the Software and is personal to Licensee and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of Netscape, and any attempted assignment shall be null and void. Licensee acknowledges that the Software in source code form remains a confidential trade secret of Netscape and/ or its suppliers and therefore Licensee agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do so. Licensee further agrees not to modify or create derivative works of the Software.
CONTENT. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This Trial Agreement gives Licensee no rights to such content.
WARRANTY DISCLAIMER. The Software and any related Documentation are for evaluation purposes only and are provided "AS-IS", without any warranty of any kind whatsoever. NETSCAPE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND OF FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NETSCAPE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DAMAGES, REGARDLESS OF WHETHER THEY ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER 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 NETSCAPE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
EXPORT CONTROLS. Licensee may not download, use or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded, used or otherwise exported or reexported (i)into (or to a national resident of) Cuba, Haiti, Iraq, Libya, the former Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone in the U.S. Treasury's Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, Licensee is agreeing to the foregoing and is representing and warranting that Licensee is not located in, under the control of, or a national or resident of any such country or on any such list.
TERM & TERMINATION. This Trial Agreement shall expire ninety (90) days after Netscape's delivery of the Software. Either party may terminate this Trial Agreement immediately in the event of default by the other party. Upon any expiration or termination of this Trial Agreement, Licensee shall immediately discontinue the use of the Software and shall within ten (10) days return to Netscape all copies of the Software and Documentation. Licensee may also terminate this Trial Agreement at any time by destroying the Software and Documentation and all copies thereof. In the event Licensee determines to license the Software from Netscape, the terms of which shall govern Licensee's license of the Software.
MISCELLANEOUS. This Trial Agreement represents the complete and exclusive statement of the agreements concerning this evaluation license and supersedes all prior agreements and representations between the parties. It may be amended only by a writing executed by both parties. If any provision of this Trial Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Trial Agreement. This Trial Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed entirely within California, except as governed by Federal law. This Trial Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/ manufacturer is Netscape Communications Corporation, 501 East Middlefield Road, Mountain View, CA 94043.