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- 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.
-