PC World Komputer 1997 May/Pcwk0597.iso/wtest/netcom/_setup.lib/LICENSE.TXT

Text File | 1996-03-29 | 11KB | 171 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 OR RETURN THIS PRODUCT TO THE PLACE OF PURCHASE FOR A
FULL REFUND.

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (I) WITH THE
INTERNET ACCESS SERVICES OFFERED BY NETCOM ON-LINE COMMUNICATION SERVICES,
INC. IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND
DOCUMENTATION AND (II) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.  NO
RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY
OTHER INTERNET ACCESS OR OTHER NETWORK SERVICE.

                NETCOM END USER LICENSE AGREEMENT

GRANT. NETCOM On-Line Communication Services, Inc. ("Licensor") grants to you a
non-exclusive license to use the accompanying software product ("Software") and
accompanying documentation ("Documentation") on the following terms:

You may:

     use the Software only with the Internet service offered by Licensor in
conjunction with the distribution of the Software and Documentation("Licensor's
Internet Service") which it was bundled;

     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:

     use the Software or Documentation in conjunction with any Internet access
or other network service, other than Licensor's Internet Service.

     permit other individuals to use the Software except under the terms listed above;

     permit concurrent use of the Software or Documentation;

     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;

     remove any proprietary notices or labels on the Software or Documentation; or

     use the Software if you no longer use the Licensor's Internet Service, unless you
independently procure a license to use the Software on an unbundled basis from an authorized
reseller or directly from Netscape Communications Corporation.

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 Licensor 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.  To
the extent that the Software and Documentation is provided by license from Netscape
Communications Corporation, Netscape Communications Corporation is an intended third
party beneficiary of this agreement and may directly enforce the terms of the agreement
related to its software and documentation.

LIMITED WARRANTY.  Licensor does not warrant that your use of the
Software will be uninterrupted or that the operation of the Software will
be error-free or secure and hereby disclaims any and all liability on
account thereof. In addition, the security mechanisms implemented by the
Software  has inherent limitations, and you must determine that the
Software sufficiently meets your requirements. Licensor warrants that
the media containing the Software, if provided by Licensor, is free from
defects in material and workmanship and will so remain for ninety (90) days
from the date you acquired the Software. Licensor's sole liability for any
breach of this warranty shall be, in Licensor's sole discretion: (I) to
replace your defective media; or (ii) if the above remedy is 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 of shipment to you of
the repaired or replaced Software.  Only if you inform Licensor of your problem with the
Software during the applicable warranty period and provide evidence of the
date you acquired the Software will Licensor be obligated to honor this
warranty. Licensor 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 OR CONDITION MADE BY
LICENSOR. LICENSOR MAKES NO OTHER EXPRESS WARRANTY AND THERE IS NO
WARRANTY OR CONDITION OF NON-INFRINGEMENT 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 DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.  NO WARRANTY IS
MADE BY OR ON BEHALF OF ANY SUPPLIER OR LICENSOR. 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 LICENSOR 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 LICENSOR'S LIST PRICE FOR A LICENSE TO THE SOFTWARE
AND DOCUMENTATION, EVEN IF LICENSOR 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. The 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, North Korea, Yugoslavia, 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.

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 NETCOM On-Line Communication Services, Inc.,  3031 Tisch
Way, San Jose, CA 95128.