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- 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
- REDISTRIBUTION NOT PERMITTED
-
- 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 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.
-
-