MacWorld 1998 May/Macworld (1998-05).dmg/Netscape 4.04/Communicator 4.04 68K/Netscape Installer/License

Text File | 1998-03-25 | 16KB | 306 lines

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE,
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 BUTTON THAT INDICATES YOU DO NOT
ACCEPT THE TERMS AND DO NOT INSTALL THE SOFTWARE. (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 sets forth the terms and conditions of your use of
the accompanying Netscape client software product(s) (the
"Software"). Any third party software that is provided with the
Software with such third party's license agreement (in either
electronic or printed form) is included for use at your option.
If you choose to use such software, then such use shall be
governed by such third party's license and not by this Agreement.

This Agreement has 3 parts. Part I applies if you have a free of
charge license to 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://home.netscape.com. As used in this Agreement, for
residents of Europe, the Middle East and 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;

* make a single copy the Software for archival purposes,
provided the copy contains all of the original Software's
proprietary notices; or

* if you have purchased a license for multiple copies of the
Software, make the total number of copies of Software (but not
the Documentation) stated on the packing slip(s), invoice(s),
or Certificate(s) of Authenticity, provided any copy must
contain all of the original Software's proprietary notices. The
number of copies on the packing slip(s), invoice(s), or
Certificate(s) of Authenticity 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.

ENCRYPTION.  If the Software contains cryptographic features,
then you may wish to obtain a signed digital certificate from a
certificate authority or a certificate server in order to
utilize certain of the cryptographic features. You may be
charged additional fees for certification services. 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. In addition, the use of digital
certificates is subject to the terms specified by the certificate
provider, and there are inherent limitations in the capabilities
of digital certificates. If you are sending or receiving digital
certificates, you are responsible for familiarizing yourself with
and evaluating such terms and limitations. If the Software is a
Netscape product with Fortezza, you will also need to obtain PC
Card Readers and Fortezza Crypto Cards to enable the Fortezza
features.

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, you are
responsible for complying with any local laws in your
jurisdiction which may impact your right to import, export or
use the Software.

If the 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 on 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.


Netscape Client Software EULA        Rev. 072197