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PC World Komputer 1998 October A
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NETOBJ
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LICENSE.TXT
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NetObjects, Inc.
SOFTWARE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
OPENING THE ACCOMPANYING SOFTWARE (THE "SOFTWARE") PACKAGE
OR CONTINUING WITH THE INSTALLATION PROCESS OF THE
SOFTWARE. BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON, OR
BY OPENING THE SOFTWARE PACKAGE, YOU AGREE TO BE BOUND BY
THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, CLICK THE "NO" OR "DECLINE"
BUTTON TO TERMINATE THE INSTALLATION PROCESS OR PROMPTLY
RETURN THE UNOPENED PACKAGE AND THE REST OF THE PRODUCT TO
YOUR SUPPLIER FOR A FULL REFUND.
1. License. If you have purchased a license to the Software, NetObjects, Inc.
("NetObjects") grants you a non-exclusive right and license to use the Software and
the related documentation (the "Documentation") as set forth in this Agreement. You
may use the Software on a single computer. You may also use the Software on a second
(portable or home) computer so long as only one copy is used at a time. You may make
a single copy of the Software for backup and archival purposes only provided that any
copy must contain all proprietary notices included in the original. You may use the
Documentation to assist in your use of the Software. If you download the Software
without physical delivery of Documentation, you may review the Documentation online,
but you may not make further copies of the Documentation. You own the media on
which the Software is recorded, but not the Software itself or any copy of it. This
license is not a sale of the original or any copy of the Software.
If you have obtained an evaluation copy of the Software, and have not purchased a
license to the Software, NetObjects grants you a 30-day non-exclusive license to use
the Software free of charge for the purpose of evaluating whether you wish to purchase
an ongoing license for the Software. WARNING: Evaluation copies of the Software
will become non-functional thirty (30) days following initial installation on your
computer. NetObjects disclaims all liability and responsibility for any loss of data
or other information which may occur as a result thereof.
2. Copying, Transferring or Modifying Software. The Software contains copyrighted
material, trade secrets and other proprietary intellectual property. You may not
permit concurrent use of the Software unless each user has an applicable license.
You may not permit other individuals to use the Software except under the terms
listed above. You may not decompile, disassemble, reverse-engineer or otherwise
display the Software in human-readable form. You may not modify, translate, rent,
lease, distribute or lend the Software, and you may not sell to others the right to
use the Software on your computer. You may not remove any proprietary notices or
labels on the Software. You may not copy, transfer, transmit, sublicense or assign
this license or the Software except as expressly permitted in this Agreement. You
agree that the terms of this paragraph apply to the Software or any portion thereof,
whether owned by NetObjects or NetObjects' licensors, including without limitation
NetCarta Corporation.
3. License to Use Content. All artwork, graphics, icons,media and other files
contained in the Software, including without limitation Sample Sites, Templates
(AutoSites, Forms, Pages),SiteStyles, Sample Content and Extras (collectively, the
"Content"), are copyrighted material owned by NetObjects or its licensors. NetObjects
grants you a non-exclusive right and license to: (i) incorporate object code copies of
the Content into your own works created using the Software in accordance with the
Documentation, such as your own web site or a web site you design for someone else
(the "User Works"); (ii) duplicate the Content to the extent it is embedded in the User
Works, in object code form only; (iii) and distribute or display the Content to the
extent it is embedded in the User Works, in object code form only. You have no right
to, and agree not to, duplicate, distribute, display or use the Content or any portion
thereof (whether on a web site or through any other medium, and whether separately or
as part of another product or work), other than as embedded in the User Works created
using the Software and as set forth in this Agreement.
4. GIF Licensing. This software contains GIF conversion capability covered by Unisys
US Patent Number 4,558,302 and foreign counterparts, and may be used only for
evaluation purposes, unless you purchase a license for the Software.
5. Term. If you have purchased a license to the Software, this Agreement and license
are effective from the time you accept the terms of this Agreement until this Agreement
is terminated. You may terminate this Agreement at any time by destroying all copies
of the Software. This Agreement will terminate immediately and without further notice
if you fail to comply with any provision of this Agreement. All obligations of
confidentiality and restrictions on use, and all other provisions that may reasonably be
interpreted to survive termination of this Agreement, will survive termination of this
Agreement for any reason. Upon termination, you agree to destroy all copies of the
Software.
If you have obtained an evaluation copy of the Software, and have not purchased a
license to the Software, this Agreement and license are effective for a period of 30
days from the date of installation of the Software.
6. Limited Warranty. If you have purchased a license to the Software, if the Software
is delivered using a computer storage media such as a CD ROM or diskette, NetObjects
warrants that the media on which the Software is furnished will be free from defects in
materials and workmanship under normal use for ninety (90) days from the date you
received the Software, as shown by your receipt. This warranty is limited to you and is
not transferable. This warranty does not cover damage caused by improper use or
neglect. NetObjects' entire liability and your exclusive remedy shall be, at NetObjects'
option (i) to replace the defective media; (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) to refund the license
fee you paid for the Software.
If you have obtained an evaluation copy of the Software, and have not purchased a
license to the Software, NetObjects makes no warranties of any kind with respect to the
media (if any) on which the Software is furnished, and such media is provided "as is"
and without warranties of any kind.
7. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION
AND (EXCEPT AS PROVIDED IN SECTION 6) THE MEDIA UPON WHICH THE
SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. The entire risk as to the quality and performance of the Software
and the Documentation is with you. Should the Software or the Documentation
prove defective, you (and not NetObjects or its distributors, licensors or dealers)
assume the entire cost of all necessary servicing or repair.
NetObjects does not warrant that the functions contained in the Software will
meet your requirements or operate in the combination that you may select for use,
that the operation of the Software will be uninterrupted or error free, or that
defects in the Software will be corrected. No oral or written statement by
NetObjects or by a representative of NetObjects shall create a warranty or increase
the scope of this warranty.
NETOBJECTS DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT
OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE
SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD
PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE
ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO
PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE
HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH
ACTIONS.
Any warranties that by law survive the foregoing disclaimers shall terminate ninety
(90) days from the date you received the Software as shown by your receipt.
8. Limitation of Liability. YOUR SOLE REMEDIES AND NETOBJECTS'
ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL
NETOBJECTS OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE
THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY
LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
You agree that NetObjects and its distributors and dealers will not be liable for
defense or indemnity with respect to any claim against you by any third party arising
from your possession or use of the Software or the Documentation.
In no event will NetObjects' total liability to you for all damages, losses, and
causes of action (whether in contract, tort, including negligence, or otherwise) exceed
the amount you paid for this product.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
9. Export Control Laws. You agree to comply with all laws, rules and regulations
applicable to the export of the Software or the Documentation. Specifically, you shall
not export, re-export or transship the Software or the Documentation, or the direct
product thereof, in violation of any United States laws and regulations which may from
time to time be applicable. None of the Software or underlying information or technology
may be downloaded or otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iran, Iraq, Libya, Serbia, Montenegro, North Korea, 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 Order. 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.
10. High Risk Activities. The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as online equipment 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.
NetObjects and its suppliers specifically disclaim any express or implied warranty of
fitness for any high risk uses listed above.
11. Government Restricted Rights. For units of the Department of Defense, use,
duplication, or disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013. Contractor/manufacturer is NetObjects, Inc., 602 Galveston
Drive, Redwood City, California 94063.
If the Commercial Computer Software Restricted rights clause at FAR 52.227-19 or its
successors apply, the Software and Documentation constitute restricted computer
software as defined in that clause and the Government shall not have the license
for published software set forth in subparagraph (c)(3) of that clause.
The Software (i) was developed at private expense, and no part of it was developed
with governmental funds; (ii) is a trade secret of NetObjects (or its licensor(s)) for
all purposes of the Freedom of Information Act; (iii) is "restricted computer software"
subject to limited utilization as provided in the contract between the vendor and the
governmental entity; and (iv) in all respects is proprietary data belonging solely to
NetObjects (or its licensor(s)).
12. Governing Law and Interpretation. This Agreement shall be interpreted under and
governed by the laws of the State of California, without regard to its rules governing
the conflict of laws. If any provision of this Agreement is held illegal or
unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions
of this Agreement shall remain in effect and the invalid provision deemed modified to the
least degree necessary to remedy such invalidity.
13. Entire Agreement. This Agreement is the complete agreement between NetObjects
and you and supersedes all prior agreements, oral or written, with respect to the
subject matter hereof.
If you have any questions concerning this Agreement, you may write to NetObjects,
Inc., Customer Service, 602 Galveston Drive, Redwood City, California 94063.