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- BY OPENING THE PACKAGE OR CLICKING ON THE "ACCEPT" BUTTON,
- 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 OR RETURN
- THIS PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
-
- NETSCAPE NAVIGATOR END USER LICENSE AGREEMENT
-
- GRANT. Netscape Communications Corporation ("Netscape")
- hereby grants to you a non-exclusive license to use its
- accompanying software product ("Software") and accompanying
- documentation ("Documentation") on the following terms:
-
- You may: use the Software on any single computer; use the
- Software on a second computer so long as the first and second
- computers are not used 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 or Documentation; copy the Software or Documentation
- (except for back-up purposes); rent, lease, transfer or
- otherwise transfer rights to the Software or Documentation;
- or remove any proprietary notices or labels on the Software
- or Documentation.
-
- SOFTWARE. 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. This license does
- not grant you any right to any enhancement or update.
-
- TITLE. Title, ownership rights, and intellectual property
- rights in and to the Software and Documentation shall remain
- in Netscape and/or its suppliers. The Software is protected
- by the copyright laws of the United States and international
- copyright treaties. 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.
-
- 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 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.
-
- TERMINATION. This 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.
-
-