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1995-08-01
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7KB
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119 lines
BY 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 AND
THE INSTALLATION PROCESS WILL NOT CONTINUE.
NETSCAPE NAVIGATOR END USER LICENSE AGREEMENT NO FEE VERSION (EXPORT
VERSION ONLY)
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 or
college) 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 are not considered 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 support or telephone assistance. If you
purchased a license to version 1.0 of the Software, you may also
download the export version of 1.1 as a free update.
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 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;
copy the Software (except for back-up purposes); rent, lease, transfer
or otherwise transfer rights to the Software; or remove any
proprietary notices or labels on the Software.
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 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.
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.
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.
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.
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. 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.