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README.license.txt
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1997-06-13
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BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE,
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. (IF
APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF
PURCHASE FOR A FULL REFUND.) 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.
NETSCAPE CLIENT SOFTWARE END USER LICENSE AGREEMENT
REDISTRIBUTION OR RENTAL NOT PERMITTED
This Agreement has 3 parts. Part I applies if you have a free
of charge license to the accompanying software (the
"Software"). Part II applies if you have purchased a license
to the Software. Part III applies to all license grants. If
you initially acquired a copy of the Software free of charge
and you wish to purchase a license, contact Netscape
Communications Corporation ("Netscape") on the Internet at
http://www.netscape.com. As used in this Agreement, for
residents of Europe or Africa, "Netscape" shall refer to
Netscape Communications Ireland Limited; for residents of
Japan, "Netscape" shall refer to Netscape Communications
(Japan), Ltd.; for residents of all other countries,
"Netscape" shall refer to Netscape Communications
Corporation. For purposes of this Agreement, "Licensor" shall
be defined as follows: If you have acquired a third party
product or service and such product or service included the
Software, then such third party shall be the Licensor.
Otherwise, Netscape shall be the Licensor.
PART I - TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID
(LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE)
LICENSE GRANT. Licensor grants you a non-exclusive license
to use the Software free of charge if (a) you are a student,
faculty member or staff member of an educational institution
(K-12, junior college, college or university, or the
international equivalent, or a library), a staff member of a
religious organization or an employee of an organization
which meets Licensor's criteria for 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 ninety (90) days;
evaluation use by others is not subject to this ninety (90)
day limit. Government agencies (other than public libraries)
are not considered educational, religious or charitable
non-profit organizations for purposes of this Agreement. If
you are using the Software free of charge, you are not
entitled to hard-copy documentation, support or telephone
assistance. If you fit within the description above, you may
use the Software in the manner described in Part III below
under "Scope of Grant."
DISCLAIMER OF WARRANTY. Free of charge Software is provided
on an "AS IS" basis, without warranty of any kind, including
without limitation the warranties that the Software is free
of defects, merchantable, fit for a particular purpose or
non-infringing. The entire risk as to the quality and
performance of the Software is borne by you. Should the
Software prove defective in any respect, you and not Licensor
or its suppliers assume the entire cost of any service and
repair. In addition, the security mechanisms implemented by
the Software have inherent limitations, and you must
determine that the Software sufficiently meets your
requirements. This disclaimer of warranty constitutes an
essential part of this Agreement. No use of the Software
without payment of license fees to Licensor is authorized
hereunder except under this Disclaimer.
PART II - TERMS APPLICABLE WHEN LICENSE FEES PAID
LICENSE GRANT. Subject to payment of applicable license
fees, Licensor grants to you a non-exclusive license to use
the Software and accompanying documentation ("Documentation")
in the manner described in Part III below under "Scope of
Grant."
LIMITED WARRANTY. Licensor 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. Licensor 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 the Software have inherent limitations, and
you must determine that the Software sufficiently meets your
requirements. Licensor also 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 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 delivery
to you of the repaired or replaced Software, or (b) Licensor
advised you how to operate the Software so as to achieve
substantially the same functionality described in the
Documentation.
Only if you inform Licensor 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
Licensor be obligated to honor this warranty. Licensor will
use reasonable commercial efforts to repair, replace, advise
or, for individual consumers, refund pursuant to the
foregoing warranty within thirty (30) days of being so
notified.
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 terminate.
Moreover, 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 IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE
BY LICENSOR OR ITS SUPPLIERS. LICENSOR MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU
MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT
PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED
WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED
WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES
PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO
APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT.
NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO
MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
LIMITED WARRANTY.
PART III - TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF LICENSE GRANT.
You may:
* use the Software on any single computer;
* use the Software on a second computer so long as
only one (1) copy is used at a time;
* use the Software on a network, provided that a
licensed copy of the Software has been acquired for
each person permitted to access the Software through
the network;
* copy the Software for archival purposes, provided
any copy must contain all of the original Software's
proprietary notices; or
* if you have purchased a Right to Copy license for
multiple copies of the Software, make the number of
copies of Software (but not the Documentation) stated
on the packing slip or invoice, provided any copy
must contain all of the original Software's
proprietary notices. The number of copies on the
invoice is the total number of copies that may be
made for all platforms. Additional copies of
Documentation may be purchased from Licensor.
You may not:
* permit other individuals to use the Software except
under the terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile,
disassemble (except and solely to the extent an
applicable statute expressly and specifically
prohibits such restrictions), 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
is protected by applicable law. The license granted under
this Agreement gives you no rights to such content.
TERMINATION. This Agreement and the license granted
hereunder will terminate automatically if you fail to comply
with the limitations described herein. Upon 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, Sudan, 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, unless you have an exemption
from the United States Department of State, 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 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. IN NO EVENT WILL LICENSOR BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR
RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF
LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION 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").
Accordingly, Licensor and its suppliers specifically disclaim
any express or implied warranty of fitness for High Risk
Activities.
MISCELLANEOUS. This Agreement represents the complete
agreement concerning the license granted hereunder and 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 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, excluding conflict of law provisions (except
to the extent applicable law, if any, provides otherwise).
The application of 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.