PC go! 1996 January/Image.iso/pcgo/online/netscape/license

Text File | 1995-09-25 | 13.4 KB | 265 lines

BY CLICKING ON THE ACCEPT BUTTON, YOU ARE CONSENTING TO BE
BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, CLICK THE DO NOT ACCEPT BUTTON AND
THE INSTALLATION PROCESS WILL NOT CONTINUE.

NETSCAPE NAVIGATOR END USER
LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED

This License Agreement has 3 parts. Part I applies if you
have not purchased a license to the Software. Part II applies
if you have purchased a license to the Software. Part III
applies to all license grants. If you initially acquired a
copy of the Software without purchasing a license and you
wish to purchase a license, contact Netscape Communications
Corporation on the Internet at http://www.netscape.com.
Following payment, Netscape will issue confirmation that you
have purchased a license. =


PART I -- TERMS APPLICABLE WHEN
LICENSE FEES NOT (YET) PAID

GRANT. Netscape Communications Corporation (Netscape) hereby
grants you a non-exclusive license to use its accompanying
software product (Software) free of charge if (a) you are
a student, faculty member or staff member of an educational
institution (K-12, junior college, college or library) or
an employee of a charitable non-profit organization; or (b)
your use of the Software is for the purpose of evaluating
whether to purchase an ongoing license to the Software. The
evaluation period for use by or on behalf of a commercial
entity is limited to 90 days; evaluation use by others is
not subject to this restriction. Government agencies (other
than public libraries) are not considered educational or
charitable non-profit organizations for purposes of this
license agreement. If you do not fit within the description
above, a license fee is due to Netscape and no license is
granted. If you are using the Software free of charge, you
will not be entitled to hard-copy documentation, support or
telephone assistance.

If you fit within the above description, you may:
use the Software on any single computer;
use the Software on a second computer so long as the primary
user of each copy is the same person and more than one copy
is not simultaneously; or copy the Software for archival
purposes, provided any copy must contain all of the original
Software's proprietary notices.

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 (except as
specified above); rent, lease, transfer or otherwise transfer
rights to the Software; or remove any proprietary  notices or
labels on the Software.

DISCLAIMER OF WARRANTY. Since the Software is provided free
of charge, the Software is provided on an AS IS basis, without
warranty of any kind, including without limitation the
warranties of merchantability, fitness for a particular purpose
and non-infringement. The entire risk as to the quality and
performance of the Software is borne by you. Should the Software
prove defective, you and not Netscape assume the entire cost
of any service and repair. In addition, the security mechanism
implemented by the Software has inherent limitations, and you
must determine that the Software sufficiently meets your
requirements. This disclaimer of warranty constitutes an
essential part of the agreement. SOME STATES DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT
APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM
STATE TO STATE OR BY JURISDICTION.

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 NETSCAPE'S LIST
PRICE 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
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY
NOT APPLY TO YOU.

PART 2 -- TERMS APPLICABLE WHEN LICENSE FEES PAID

GRANT. Subject to payment of applicable license fees, Netscape
Communications Corporation (Netscape) hereby grants to you a
non-exclusive license to use its accompanying software product
(Software) and accompanying documentation (Software) on the
terms below. If you purchased a license to version 1.1 of the
Software within the last 90 days, you may download a copy of
1.2 as a free update.

You may:
use the Software on any single computer;
use the Software on a second computer so long as the primary
user of each copy is the same person and more than one copy is
not simultaneously; or copy the Software for archival purposes,
provided any copy must contain all of the original Software's
proprietary notices.

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 (except as
specified above); rent, lease, transfer or otherwise transfer
rights to the Software; or remove any proprietary notices or
labels on 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 accompanying documentation
(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 mechanism implemented by the Software
has 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 (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 acquired the Software will Netscape be obligated
to honor this warranty. Netscape will use reasonable commercial
efforts to repair, replace, advise or 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. 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
STATES 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 FROM STATE TO STATE OR BY
JURISDICTION.

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, OR FOR ANY
DAMAGES IN EXCESS OF NETSCAPE'S LIST PRICE FOR A LICENSE TO THE
SOFTWARE AND DOCUMENTATION, 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
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.

PART III   TERMS APPLICABLE TO ALL LICENSE GRANTS

TITLE. Title, ownership rights, and intellectual property
rights in and to the Software shall remain in Netscape and/or
its suppliers. The Software is protected by the copyright laws
of the United States and international copyright treaties. If
you receive your first copy of the Software electronically, and
a second copy on media, the second copy may be used for archival
purposes only. 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 License gives you no
rights to such content.

TERMINATION. The license will terminate automatically if you fail
to comply with the limitations described above. On termination,
you must destroy all copies of the Software and Documentation.

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 Deny 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.

MISCELLANEOUS. This Agreement represents the complete agreement
concerning this license between the parties and supersedes
all prior agreements and representations between them. It may
be amended only by a writing executed by both parties. 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 CONTAINED IN YOUR PURCHASE ORDER. If any provision
of this Agreement is held to be unenforceable for any reason,
such provision shall be reformed only to the extent necessary
to make it enforceable. This 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
within California, except as governed by Federal law. The
application the United Nations Convention of Contracts for the
International Sale of Goods is 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.