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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.