The Netscape Netbusiness Messenger software ("Software") and service ("Service") are provided to you free of charge, "AS IS," subject to the terms and conditions of this Registration and License Agreement (the "Agreement"). Please read this Agreement in full before using the Service. Only individuals who have agreed to the terms of this Agreement may use the Software or access the Service.
By clicking below, you warrant that you are eighteen years or older and agree to use the Software and Service as provided in this Agreement.
1. LIMITED LICENSE. Netscape Communications Corporation grants you a limited, non-exclusive license to use the Software to access the Service for your own individual use.
2. RESTRICTIONS ON USE. You may not redistribute the Software or provide others with access to the Service (including, without limitation, providing third parties with access to any proprietary namespace database for the Service). You may not create or use any software other than the Software provided by Netscape to access the Service, without the express written authorization of Netscape. Except as otherwise expressly permitted in this Agreement or in another Netscape agreement to which you are a party, such as a CCK license agreement or a distribution agreement, you may not (a) modify or create any derivative works of the Software or any related documentation, including translation or localization or communications protocols for the Service, (b) in any way ascertain, decipher, or obtain the communications protocols for accessing the Service, (c) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction or as provided by the Netscape Public License or Mozilla Public License for portions of the Software governed by those licenses), (d) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software, (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Service, or (f) publish any results of benchmark tests run on the Software or Service to a third party without Netscape's prior written consent. You may not customize the Software or Service unless you have also licensed the Netscape Client Customization Kit ("CCK") and then only to the extent permitted in the license agreement for CCK, as applicable. You may not redistribute the Software or Service unless you have separately entered into a distribution agreement with Netscape. You may not block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of this Software and Service. You may not register with and log on and off the Service, send and receive instant messages via the Service or identify when other Service members are online except through use of this Software and Service and in conformity with the terms and conditions of this Agreement. You may not collect or solicit screen names or password information. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph.
3. YOUR REPRESENTATIONS. You represent and warrant that you will use the Software and the Service only for lawful purposes and in accordance with this Agreement, and that you will not use the Software or the Service to violate any law, regulation or ordinance or any right of Netscape or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark.
4. TERMINATION. Should you breach this Agreement, your right to use the Service and the Software will terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Service and the Software. Netscape may terminate this Agreement without notice at any time for any reason. In the event of any termination of this Agreement, the restrictions on your use of the Software and Service as set forth in Paragraph 2 ("Restrictions on Use") will survive such termination, and you agree to be bound by those terms. Upon termination, you will destroy all of your copies of the Software.
5. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Software and Service will remain in Netscape and its affiliates and/or their respective suppliers. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Netscape's, its affiliates' or their respective suppliers' ownership of or rights with respect to the Software or Service. The Software and Service are protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software and Service are the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content.
6. USE AND AVAILABILITY OF OPEN SOURCE CODE. Portions of the Software were created using source code governed by the Netscape Public License (NPL) and Mozilla Public License (MPL). The source code for the portions of the Software governed by the NPL and MPL is available from http://www.mozilla.org under those licenses.
7. NO SUPPORT BY NETSCAPE. This license does not entitle you to receive from Netscape hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software. You understand that you use the Software and Service at your own risk. Netscape and its officers, directors, employees and agents are not responsible for your use of the Software or the Service.
8. TERMS OF SERVICE AND PRIVACY POLICY. The Netscape Terms of Service and privacy policy govern your use of the user name given to you and your use of this Service. You can view these policies at http://www.netscape.com/terms and http://www.netscape.com/privacy. Netscape reserves the right to terminate your access to the Service without notice, if in Netscape's sole determination, there has been a violation of the Terms of Service.
9. MEMBER DIRECTORY. Service user profiles may be included in a Member Directory, and the information in the Member Directory may be seen and used by other users of the Service and similar services provided by Netscape and its affiliates. You understand that entering information within a Member Directory is solely at your discretion.
10. WEB CHATS. You are encouraged to be responsible in your use of chat and to respect others participating within the chat community. Your conduct should be guided by common sense, basic etiquette and Netscape's applicable chat rules. Please keep in mind that any information posted in a web chat is accessible to be viewed and used by other Netscape Netbusiness Messenger users.
11. NO MONITORING/ARCHIVING/ENDORSEMENT BY NETSCAPE. You agree that Netscape has no duty to monitor, control, archive or endorse the content distributed by Netscape Netbusiness Messenger users through the Service (such as messages, sounds, images and Web chats and Member Directory profiles). Netscape specifically disclaims any liability arising from your use of the Software or the Service. Netscape and its officers, directors, employees and agents are not responsible for any content distributed by you through the Software or Service. Notwithstanding the foregoing, you acknowledge that Netscape reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request concerning your use of the Service, or to edit, refuse to post, or to remove any information, posting or materials in the Member Directory, in whole or in part, without any prior notification to you.
12. CHANGES TO THE SERVICE. Netscape reserves the right, with 30 days advance notice, to introduce charges for the use of the Service. Netscape may, in its sole discretion and at any time, modify or discontinue the Software and/or the Service, or limit, terminate or suspend your use of the Software and/or the Service without prior notification to you.
13. DISCLAIMER OF WARRANTY. THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU UNDERSTAND THAT NETSCAPE HAS NO CONTROL OVER THE CONTENT TO WHICH YOU MAY BE EXPOSED DURING USE OF THE SERVICE, AND THE ENTIRE RISK OF USING THE SERVICE IS YOURS. SHOULD THE SOFTWARE OR THE SERVICE PROVE DEFECTIVE IN ANY RESPECT, YOU AND NOT NETSCAPE OR ITS AFFILIATES OR THEIR RESPECTIVE SUPPLIERS OR RESELLERS OR ANY CONTRIBUTORS TO THE SOURCE CODE OF THE PORTIONS OF THE SOFTWARE AVAILABLE FROM HTTP://WWW.MOZILLA.ORG ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE AND THE SERVICE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE AND THE SERVICE SUFFICIENTLY MEETS ITS REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE OR THE SERVICE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NETSCAPE OR ITS AFFILIATES OR THEIR RESPECTIVE SUPPLIERS OR RESELLERS OR ANY CONTRIBUTORS TO THE SOURCE CODE OF THE PORTIONS OF SOFTWARE AVAILABLE FROM HTTP://WWW.MOZILLA.ORG BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICE, 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 ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, NETSCAPE'S AND ITS AFFILIATES' ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR SUPPORT OF THE SERVICE RECEIVED BY NETSCAPE UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF REASONABLY SIMILAR SOFTWARE, AS DETERMINED AT NETSCAPE'S SOLE DISCRETION (REPLACEMENT SOFTWARE MAY NOT PERFORM ALL OF THE FEATURES AND FUCNTIONS OF THE ORIGINAL SOFTWARE), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF NETSCAPE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. NETSCAPE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SERVICE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
15. NO TRADEMARK LICENSE. No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of Netscape Communications Corporation or its affiliates, including Netscape, Netscape Netbusiness, Netscape Netbusiness Messenger, Instant Messenger, and the Netscape N. Netscape and its affiliates own all intellectual property in the Software and Service and the proprietary name space database, including but not limited to access to the Service server complex. Netscape owns any customer data collected through the Service registration process.
16. INJUNCTIVE RELIEF. You acknowledge that the Software and the Service contain Netscape's proprietary and confidential information, and that disclosure of such information or misuse of the Software or Service will give rise to irreparable injury to Netscape, inadequately compensable in damages. Accordingly, Netscape may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.
17. CONSTRUCTION. If any part of the Agreement is held invalid or unenforceable, that portion will be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect. The laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, govern this Agreement, and you expressly agree that jurisdiction for any claim or dispute arising from the use of the Service or Software resides in the federal and state courts of the Commonwealth of Virginia.
18. ARBITRATION. Unless otherwise agreed in writing, all disputes of any kind between you and Netscape relating to the Software or the Service or this Agreement (excepting any dispute relating to intellectual property rights) will be subject to final and binding arbitration on an individual basis under the auspices of JAMS, with the losing party paying all costs of arbitration. Detailed information regarding JAMS may be found at www.jamsadr.com.
19. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended only by a writing signed by both you and Netscape. (c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (e) A waiver by either you or Netscape of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (f) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination. (g) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of your assets to another entity. (h) This Agreement will be binding upon and will inure to the benefit of the you and of Netscape, and our respective successors and permitted assigns. (i) Neither you nor Netscape will be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (j) The relationship between you and Netscape is that of independent contractors and neither you nor your agents will have any authority to bind Netscape in any way. (k) If any Netscape professional services are being provided, then such professional services are provided pursuant to the terms of a separate Professional Services Agreement between Netscape and you. The parties acknowledge that such services are acquired independently of the Software licensed hereunder, and that provision of such services is not essential to the functionality of the Service. (l) The headings to the sections of this Agreement are used for convenience only and will have no substantive meaning. (m) Netscape may use your name in any customer reference list or in any press release issued by Netscape regarding the licensing of the Software and/or provide your name and the names of the Software licensed by you to third parties.
20. LICENSEE OUTSIDE THE U.S. If you are located outside the U.S., then the provisions of this Section will apply. (a) You confirm that this Agreement and all related documentation is and will be in the English language. (b) You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software and Service, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
