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- BY CLICKING ON THE "ACCEPT" BUTTON 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, CLICK THE "DO NOT ACCEPT" BUTTON AND
- THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE PRODUCT TO
- THE PLACE OF PURCHASE FOR A FULL REFUND.
-
- NETSCAPE NAVIGATOR END USER LICENSE AGREEMENT
- REDISTRIBUTION NOT PERMITTED
-
- This Agreement has 3 parts. Part I applies if you have not purchased
- a license to the accompanying software (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 ("Netscape") on
- the Internet at http://www.netscape.com.
-
- PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED
- TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT.
-
- Netscape grants you a non-exclusive license to use the 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),
- a staff member of a religious organization, or an employee of an
- organization which meets Netscape's criteria for 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 90 day limit. Government agencies (other than
- public libraries) are not considered educational, religious, or
- charitable non-profit organizations for purposes of this Agreement. If
- you are using the Software free of charge, you are not entitled to
- hard-copy documentation, support or telephone assistance. If you fit
- within the description above, you may use the Software in the manner
- described in Part III below under "Scope of Grant."
-
- DISCLAIMER OF WARRANTY.
-
- Free of charge 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 mechanisms implemented by Netscape
- software have 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
- JURISDICTIONS 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 BY JURISDICTION.
-
- PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
-
- GRANT. Subject to payment of applicable license fees, Netscape grants
- to you a non-exclusive license to use the Software and accompanying
- documentation ("Documentation") in the manner described in Part III
- below under "Scope of Grant."
-
- 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 (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. 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.
-
- PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
-
- SCOPE OF GRANT.
-
- You may:
- * use the Software on any single computer;
- * use the Software on a network, provided that each person accessing
- the Software through the network must have a copy licensed to that
- person;
- * use the Software on a second computer so long as only one copy is
- used at a time;
- * copy the Software for archival purposes, provided any copy
- must contain all of the original Software's proprietary notices; or
- * if you have purchased licenses for a 10 Pack or a 50 Pack, make up
- to 10 or 50 copies, respectively, of the Software (but not the
- Documentation), provided any copy must contain all of the original
- Software's proprietary notices. The number of copies is the total
- number of copies that may be made for all platforms. Additional
- copies of Documentation may be purchased.
-
- You may not:
- * permit other individuals to use the Software except under the terms
- listed above;
- * permit concurrent use of the Software;
- * 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 the copyright laws and 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.
-
- 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.
-
- 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 and may 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 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 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, or at 252.211-7015, or to Netscape's standard commercial
- license, as applicable, and in similar clauses in the NASA FAR
- Supplement. Contractor/manufacturer is Netscape Communications
- Corporation, 501 East Middlefield Road, Mountain View, CA 94043.
-