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- YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY
- TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
- THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON, AND, IF
- APPLICABLE, RETURN THIS PRODUCT TO THE PLACE OF PURCHASE FOR A
- FULL REFUND.
-
- NETSCAPE SERVER AND TOOLS END USER LICENSE AGREEMENT
- REDISTRIBUTION NOT PERMITTED
-
- GRANT. Subject to the provisions contained herein and payment of
- applicable license fees, Netscape Communications Corporation ("Netscape")
- hereby grants to you a non-exclusive license to use the version(s) of the
- accompanying proprietary software product ("Software") and related
- documentation ("Documentation") for which you have paid Netscape. You
- may run multiple instances of the Software on a single computer system.
- You may run multiple instances of the Netscape Resource Description Server
- software, if applicable, on multiple computer systems. If the Software
- contains header files or Java classes, then Netscape also grants you a
- license to copy and use the header files or Java classes solely to create
- and distribute programs to interface with the Netscape Server Application
- Program Interface (with respect to the header files) or Netscape products
- (with respect to the Java classes). You may not modify the header files or
- Java classes. You may not publish or provide any results of benchmark tests
- run on the Software to a third party without Netscape's prior written consent.
- You may make a single copy of the Software for archival purposes, provided
- such copy must contain all of the original Software's proprietary notices.
-
- If the Software is LiveWire or LiveWire Pro, then you may run those portions
- of LiveWire/LiveWire Pro that are intended to be run on a server on a single
- computer system (the "Server System"), and you may run those portions of
- the Software that can be run as either server or client software (i.e., the
- Site Manager and JavaScript compiler portions) on the Server System or on
- a different computer system that is being used as a client; provided that
- you install and run no more than one copy (per single copy license fee paid)
- of each portion of the LiveWire/LiveWire Pro Software at any one time.
-
- DEVELOPER DATABASE. If the Software is LiveWire Pro you are also licensed
- to run the Informix OnLine Workgroup Server Database ("Developer Database")
- only on the Server System. The Developer Database may be used only (i) for
- the purpose of developing LiveWire Pro applications ("Developer Applications");
- and (ii) to reproduce and distribute a single copy of the runtime version
- of the Developer Database for use solely as a component of a Developer
- Application and only on a single computer system for up to 32 connections
- (the "Deployment System"). A "connection" means a computer process generated
- by the designated computer system to service on-line users of the Developer
- Applications. A single connection may support a multitude of users, the
- exact number of which depends on your particular circumstances. Multiple
- Developer Applications may reside on the Deployment System, provided that
- all such applications access only the single copy of the Developer Database
- and all Developer Applications together use no more than 32 connections.
- Once you have distributed a single runtime version of the Developer Database,
- you may use the Developer Database on your Server System to develop other
- Developer Applications, but may not distribute the Developer Database as
- part of any subsequent Developer Application. In such a case you must
- either purchase a second copy of LiveWire Pro or the recipient to whom
- you distribute a Developer Application must license its own copy of a
- database product. You may not establish direct connections with the
- Developer Database other than through the LiveWire Pro Software or use the
- Developer Database for any purpose other than developing and executing the
- Developer Applications.
-
- FEES. A license fee is required for each central processing unit ("CPU")
- contained in your computer system. If your computer system contains a
- multiprocessor configuration or, if after you have received a single CPU
- Software license, you decide to add CPUs to your computer system, you must
- upgrade your Software license to a multiple CPU Software license, and pay
- the applicable license fee(s) associated with such upgrade. If the Software
- is transferred from one computer system to another, additional fees may be
- due. (If the Software contains or consists of LiveWire or LiveWire Pro,
- the applicable single copy license fee(s) for LiveWire/LiveWire Pro covers
- both the Server System, and a second CPU, if any, used as a client for
- portions of the Software run solely on such second CPU as a client.)
-
- ENCRYPTION. If the Software (other than LiveWire and LiveWire Pro, as to
- which this paragraph does not apply) contains cryptographic features, then
- you must obtain a signed digital certificate from a certificate authority
- or a certificate server in order to utilize the cryptographic features. You
- may be charged additional fees for certification services. Following
- successful installation of a digital certificate, your use of the Software's
- cryptographic features will be enabled. You are responsible for maintaining
- the security of the environment in which the Software is used and the
- integrity of the private key file used with the Software.
-
- LIMITED WARRANTY. Netscape warrants that for a period of ninety (90) days
- from the date of acquisition, the Software, if operated as directed, will
- substantially achieve the functionality described in the Documentation.
- Netscape does not warrant, however, that your use of the Software will be
- uninterrupted or that the operation of the Software will be error-free or
- secure. In addition, the security mechanisms implemented by Netscape
- software have inherent limitations, and you must determine that the Software
- sufficiently meets your requirements. Netscape also warrants that the media
- containing the Software, if provided by Netscape, is free from defects in
- material and workmanship and will so remain for ninety (90) days from the
- date you acquired the Software. Netscape's sole liability for any breach of
- this warranty shall be, in Netscape's sole discretion: (i) to replace your
- defective media or Software; or (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) if the above remedies are impracticable, to refund the license
- fee you paid for the Software. Repaired, corrected, or replaced Software
- and Documentation shall be covered by this limited warranty for the period
- remaining under the warranty that covered the original Software, or if
- longer, for thirty (30) days after the date (a) of shipment to you of the
- repaired or replaced Software, or (b) Netscape advised you how to operate
- the Software so as to achieve the functionality described in the
- Documentation. Only if you inform Netscape of your problem with the Software
- during the applicable warranty period and provide evidence of the date you
- purchased a license to the Software will Netscape be obligated to honor this
- warranty. Netscape will use reasonable commercial efforts to repair, replace,
- advise or, for individual consumers, refund pursuant to the foregoing warranty
- within 30 days of being so notified.
-
- THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
- NETSCAPE OR ITS SUPPLIERS. NETSCAPE MAKES NO OTHER EXPRESS
- WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD
- PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING
- WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF
- FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE
- LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW
- LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
- LIMITATIONS MAY NOT APPLY TO YOU. NO NETSCAPE DEALER, AGENT,
- OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
- EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are
- made to the Software by you during the warranty period; if the media is
- subjected to accident, abuse, or improper use; or if you violate the terms
- of this Agreement, then this warranty shall immediately be terminated. This
- warranty shall not apply if the Software is used on or in conjunction with
- hardware or software other than the unmodified version of hardware and
- software with which the Software was designed to be used as described in
- the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
- RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
- JURISDICTION.
-
- LIMITATIONS. You may not:
- permit other individuals to use the Software except under the terms
- listed above;
- modify, translate, reverse engineer, decompile, disassemble (except
- to the extent applicable laws specifically prohibit such restriction),
- or create derivative works based on the Software;
- copy the Software other than as specified above;
- rent, lease, grant a security interest in, or otherwise transfer
- rights to the Software; or
- remove any proprietary notices or labels on the Software.
-
- TITLE. Title, ownership rights, and intellectual property rights in the
- Software shall remain in Netscape and/or its suppliers. The Software is
- protected by copyright and other intellectual property laws and by
- international treaties. Title and related rights in the content accessed
- through the Software is the property of the applicable content owner and
- may be protected by applicable law. This license gives you no rights to
- such content. If you receive your first copy of the Software electronically
- and a second copy on media, the second copy may be used only for backup and
- archival purposes. This license does not grant you any right to any
- enhancement or update to the Software.
-
- TERMINATION. The license will terminate automatically if you fail to
- comply with the limitations described herein. On termination, you must
- destroy all copies of the Software and Documentation. Your obligations to
- pay accrued charges and fees shall survive any termination of this Agreement.
-
- EXPORT CONTROLS. 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, Iraq, Libya, Yugoslavia, 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 Department's list of Specially Designated
- Nationals or the U.S. Commerce Department's Table of Denial Orders. 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.
-
- In addition, if the licensed Software is identified as a not-for-export
- product (for example, on the box, media or in the installation process),
- then the following applies:
- EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN
- CITIZENS, THE SOFTWARE 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 SOFTWARE, YOU ARE
- AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU
- ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN
- PERSON.
-
- 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 YOU OR ANY OTHER PERSON
- FOR ANY 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. IN NO EVENT WILL NETSCAPE BE LIABLE FOR ANY
- DAMAGES IN EXCESS OF THE AMOUNT NETSCAPE RECEIVED FROM YOU
- FOR A LICENSE TO THE SOFTWARE, EVEN IF NETSCAPE SHALL HAVE
- BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
- CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL
- NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
- EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE,
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
- OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
- AND EXCLUSION MAY NOT APPLY TO YOU.
-
- HIGH RISK ACTIVITIES. The Software 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 Software could lead directly to death,
- personal injury, or severe physical or environmental damage ("High Risk Activities").
- Netscape and its suppliers specifically disclaim any express or implied
- warranty of fitness for High Risk Activities.
-
- MISCELLANEOUS. If the copy of the Software you received was accompanied by
- a printed or other form of "hard-copy" End User License Agreement whose
- terms vary from this Agreement, then the hard-copy End User License
- Agreement governs your use of the Software. This Agreement represents the
- complete agreement concerning this license. THE ACCEPTANCE OF ANY PURCHASE
- ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE
- TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any
- provision of this Agreement is held to be unenforceable, such provision
- shall be reformed only to the extent necessary to make it enforceable.
- This Agreement shall be governed by California law (except for conflict
- of law provisions). The application the United Nations Convention of
- Contracts for the International Sale of Goods is expressly excluded.
-
- U.S. GOVERNMENT END USERS. The Software 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 Software with only those rights
- set forth herein.
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