Supersedes Any Other Netscape Printed or Electronic
License Agreement Accompanying the Netscape Client
Software Product You Have Acquired
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.)
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 agreement and not by this Agreement. As used in this Agreement, for residents of Europe, the Middle East and Africa, "Netscape" shall mean Netscape Communications Ireland Limited; for residents of Japan, "Netscape" shall mean Netscape Communications (Japan), Ltd.; for residents of all other countries, "Netscape" shall mean 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.
LICENSE GRANT. Licensor grants you a non-exclusive and non-transferable license to use the Software and accompanying documentation ("Documentation"), subject to the limitations below. If the Software is Netscape Navigator, Netscape Navigator Gold or Netscape Communicator Standard Edition software ("Standard Software"), or it is Netscape Communicator Professional Edition software which you are using for a limited time for the purpose of evaluating whether to purchase an ongoing license to that product ("Evaluation Software"), there is no fee for this license. The evaluation period for use of Evaluation Software 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. If the Software is any Netscape client software product other than Standard Software or Evaluation Software, such as Netscape Communicator Professional Edition, Netscape Communicator Internet Access Edition, Netscape Communicator Deluxe Edition, or Netscape Publishing Suite ("Professional Software"), this license grant is subject to the payment of applicable license fees. Unless you have purchased a subscription for the Software, the license granted under this Agreement does not grant you any right to any enhancement or update to the Software. If you are using Standard Software or Evaluation Software, you are not entitled to hard-copy documentation, support or telephone assistance unless the entity from which you received Standard Software provides you with support. In addition, if the Software was included with a third party product or service, you may use the Software only with such product or service.
LIMITATIONS ON USE.
With respect to all Software, you may not:
• 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;
• rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
• remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software, or in copies you have made of the Software.
With respect to Professional Software, the following additional restrictions apply. You may only:
• use the Professional Software on a single computer, except that (i) it may also be used on a second computer if only one (1) copy is used at a time, and (ii) if the Professional Software is Netscape Communicator Professional Edition and was licensed by a company or organization for use by an employee, then you may allow that employee to use a copy of Netscape Communicator Professional Edition at home. The home copy can either be copied from the employee's computer at work or downloaded from the Netscape web site at no cost. You may not duplicate the Documentation for home users, and no technical assistance will be provided for home use;
• use the Professional Software on a network if a licensed copy of the Professional Software has been acquired for each person permitted to access the Professional Software through the network;
• make a single copy of the Professional Software for archival purposes, and the copy must contain all of the original Professional Software's proprietary notices; and
• if you have purchased a license for multiple copies of the Professional Software, make the total number of copies of the Professional 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 Professional 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.
DISCLAIMER OF WARRANTY FOR STANDARD AND EVALUATION SOFTWARE. Standard Software and Evaluation Software are provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the Standard Software and Evaluation Software are free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Standard Software and Evaluation Software is borne by you. Should the Standard Software or Evaluation 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 Standard Software and Evaluation Software have inherent limitations, and you must determine that the Standard Software and Evaluation Software sufficiently meet your requirements. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the Standard Software or Evaluation Software is authorized hereunder except under this Disclaimer.
LIMITED WARRANTY FOR PROFESSIONAL SOFTWARE. If license fees have been paid, Licensor warrants that for a period of ninety (90) days from the date of acquisition, the Professional Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Licensor does not warrant, however, that your use of the Professional Software will be uninterrupted or that the operation of the Professional Software will be error-free or secure. In addition, the security mechanisms implemented by the Professional Software have inherent limitations, and you must determine that the Professional Software sufficiently meets your requirements. Licensor also warrants that the media containing the Professional 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 Professional 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 Professional Software; or (ii) to advise you how to achieve substantially the same functionality with the Professional Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) for individual consumers, if the above remedies are impracticable, to refund the license fee you paid for the Professional Software. Repaired, corrected, or replaced Professional Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Professional Software, or if longer, for thirty (30) days after the date (a) of delivery to you of the repaired or replaced Professional Software, or (b) Licensor advised you how to operate the Professional Software so as to achieve substantially the same functionality described in the Documentation.
Only if you inform Licensor of your problem with the Professional Software during the applicable warranty period and provide evidence of the date you purchased a license to the Professional 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 Professional 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. This warranty shall not apply if the Professional Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Professional Software was intended 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.
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 and Documentation shall remain in Netscape and/or its suppliers. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Netscape's or its suppliers' ownership of or rights with respect to the Software and Documentation. The Software and Documentation are 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. 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, 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, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
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, WHETHER 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. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Santa Clara County, California, under the auspices of JAMS/EndDispute, with the losing party paying all costs of arbitration. 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.
