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PC World Komputer 1999 March B
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SCO_CASTOR4RRT.iso
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nsfast
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root.9
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usr
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ns-home
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license.txt
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license
Wrap
Text File
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1998-08-19
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15KB
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239 lines
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, AND, IF
APPLICABLE, RETURN THIS PRODUCT TO THE PLACE OF PURCHASE FOR A
FULL REFUND.
NETSCAPE SERVER AND TOOLS END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED
GRANT. Subject to the provisions contained herein and payment of
applicable license fees, Netscape Communications Corporation ("Netscape")
hereby grants to you a non-exclusive license to use the version(s) of the
accompanying proprietary software product ("Software") and related
documentation ("Documentation") for which you have paid Netscape. You
may run multiple instances of the Software on a single computer system.
You may run multiple instances of the Netscape Resource Description Server
software, if applicable, on multiple computer systems. If the Software
contains header files or Java classes, then Netscape also grants you a
license to copy and use the header files or Java classes solely to create
and distribute programs to interface with the Netscape Server Application
Program Interface (with respect to the header files) or Netscape products
(with respect to the Java classes). You may not modify the header files or
Java classes. You may not publish or provide any results of benchmark tests
run on the Software to a third party without Netscape's prior written consent.
You may make a single copy of the Software for archival purposes, provided
such copy must contain all of the original Software's proprietary notices.
If the Software is LiveWire or LiveWire Pro, then you may run those portions
of LiveWire/LiveWire Pro that are intended to be run on a server on a single
computer system (the "Server System"), and you may run those portions of
the Software that can be run as either server or client software (i.e., the
Site Manager and JavaScript compiler portions) on the Server System or on
a different computer system that is being used as a client; provided that
you install and run no more than one copy (per single copy license fee paid)
of each portion of the LiveWire/LiveWire Pro Software at any one time.
DEVELOPER DATABASE. If the Software is LiveWire Pro you are also licensed
to run the Informix OnLine Workgroup Server Database ("Developer Database")
only on the Server System. The Developer Database may be used only (i) for
the purpose of developing LiveWire Pro applications ("Developer Applications");
and (ii) to reproduce and distribute a single copy of the runtime version
of the Developer Database for use solely as a component of a Developer
Application and only on a single computer system for up to 32 connections
(the "Deployment System"). A "connection" means a computer process generated
by the designated computer system to service on-line users of the Developer
Applications. A single connection may support a multitude of users, the
exact number of which depends on your particular circumstances. Multiple
Developer Applications may reside on the Deployment System, provided that
all such applications access only the single copy of the Developer Database
and all Developer Applications together use no more than 32 connections.
Once you have distributed a single runtime version of the Developer Database,
you may use the Developer Database on your Server System to develop other
Developer Applications, but may not distribute the Developer Database as
part of any subsequent Developer Application. In such a case you must
either purchase a second copy of LiveWire Pro or the recipient to whom
you distribute a Developer Application must license its own copy of a
database product. You may not establish direct connections with the
Developer Database other than through the LiveWire Pro Software or use the
Developer Database for any purpose other than developing and executing the
Developer Applications.
FEES. A license fee is required for each central processing unit ("CPU")
contained in your computer system. If your computer system contains a
multiprocessor configuration or, if after you have received a single CPU
Software license, you decide to add CPUs to your computer system, you must
upgrade your Software license to a multiple CPU Software license, and pay
the applicable license fee(s) associated with such upgrade. If the Software
is transferred from one computer system to another, additional fees may be
due. (If the Software contains or consists of LiveWire or LiveWire Pro,
the applicable single copy license fee(s) for LiveWire/LiveWire Pro covers
both the Server System, and a second CPU, if any, used as a client for
portions of the Software run solely on such second CPU as a client.)
ENCRYPTION. If the Software (other than LiveWire and LiveWire Pro, as to
which this paragraph does not apply) contains cryptographic features, then
you must obtain a signed digital certificate from a certificate authority
or a certificate server in order to utilize the cryptographic features. You
may be charged additional fees for certification services. Following
successful installation of a digital certificate, your use of the Software's
cryptographic features will be enabled. You are responsible for maintaining
the security of the environment in which the Software is used and the
integrity of the private key file used with the Software.
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 mechanisms implemented by Netscape
software have 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 Software; 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
purchased a license to the Software will Netscape be obligated to honor this
warranty. Netscape will use reasonable commercial efforts to repair, replace,
advise or, for individual consumers, 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 OR ITS SUPPLIERS. 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 JURISDICTIONS 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 BY
JURISDICTION.
LIMITATIONS. 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 other than as specified above;
rent, lease, grant a security interest in, or otherwise transfer
rights to the Software; or
remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the
Software shall remain in Netscape and/or its suppliers. The Software is
protected by copyright and other intellectual property laws and by
international treaties. Title and related rights in the content accessed
through the Software is the property of the applicable content owner and
may be protected by applicable law. This license gives you no rights to
such content. If you receive your first copy of the Software electronically
and a second copy on media, the second copy may be used only for backup and
archival purposes. This license does not grant you any right to any
enhancement or update to the Software.
TERMINATION. The license will terminate automatically if you fail to
comply with the limitations described herein. On termination, you must
destroy all copies of the Software and Documentation. Your obligations to
pay accrued charges and fees shall survive any termination of this Agreement.
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 Denial 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.
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 THE AMOUNT NETSCAPE RECEIVED FROM YOU
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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line control equipment in
hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of the Software could lead directly to death,
personal injury, or severe physical or environmental damage ("High Risk Activities").
Netscape and its suppliers specifically disclaim any express or implied
warranty of fitness for High Risk Activities.
MISCELLANEOUS. If the copy of the Software you received was accompanied by
a printed or other form of "hard-copy" End User License Agreement whose
terms vary from this Agreement, then the hard-copy End User License
Agreement governs your use of the Software. This Agreement represents the
complete agreement concerning this license. 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 IN YOUR PURCHASE ORDER. If any
provision of this Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable.
This Agreement shall be governed by California law (except for conflict
of law provisions). The application the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that
term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" and "commercial computer software documentation," as
such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire the Software with only those rights
set forth herein.