MacWorld 1999 February/Macworld (1999-02).dmg/Netscape⁄Explorer/Netscape/Netscape Navigator™ 4.08 PPC/Netscape Installer/License

Text File | 1998-07-23 | 28KB | 430 lines

                 NETSCAPE CLIENT PRODUCTS LICENSE AGREEMENT
                   REDISTRIBUTION OR RENTAL NOT PERMITTED
   These Terms apply to Netscape Communicator Standard Edition, Deluxe
   Edition, Internet Access Edition, and Professional Edition, Netscape
    Publishing Suite, Netscape Navigator and Netscape Navigator Gold

                 GENERAL LICENSE TERMS & CONDITIONS

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE SOFTWARE
PRODUCTS LISTED ON THE PRODUCT SCHEDULE, QUOTATION AND OFFER FORM, OR
INVOICE (THE "PRODUCTS"), THE INDIVIDUAL OR ENTITY WHICH HAS LICENSED THE
PRODUCT(S) ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A
PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF
THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND
LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE. (Depending on the method of
acquisition, the licensed Products will be listed on a Product Schedule,
Quotation and Offer form, or invoice. The term "Product Schedule" shall be
used herein to refer to whichever of these documents is applicable.)

1. Agreement. The "Agreement" governing Licensee's use of the Product(s)
consists of these General License Terms and Conditions ("General Terms"),
each set of product specific license terms and conditions which follow
("Product Terms"), and, if provided, the (i) Corporate End User Order Form
and Product Schedule or (ii) Quotation and Offer form, as applicable. If
more than one license agreement was provided for this Product, and the
terms vary, the order of precedence of those license agreements is as
follows: a signed agreement, a license agreement available for review on
the Netscape website, a printed or electronic agreement that states clearly
that it supersedes other agreements, a printed agreement provided with a
Product, an electronic agreement provided with a Product. The General Terms
apply to all Products on the Product Schedule, and each set of Product
Terms applies only to the individual Products identified in the Product
Terms sheet. All Products are licensed independently of one another. As
used in this Agreement, for residents of Europe, the Middle East or 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. In this Agreement "Licensor" shall mean
Netscape except as otherwise set forth herein. If Licensee acquired the
Product(s) as a bundled component of a third party product or service, then
such third party shall be Licensor. Any third party software provided
together with a Product with such third party's electronic or printed
license agreement is included for use at Licensee's option, and any use of
such software shall be governed by the third party's license agreement and
not by this Agreement, except to the extent that this Agreement indicates
otherwise with respect to specific third party software.

2. Term and Termination. This Agreement shall remain in effect until
terminated in accordance with this Section or as otherwise provided in this
Agreement. Licensee may terminate this Agreement at any time by written
notice to Licensor. Licensor may terminate this Agreement immediately in
the event of (i) any breach of Section 6 or 8 by Licensee or (ii) a
material breach by Licensee which is not cured within 30 days of written
notice by Licensor. Upon termination, Licensee shall discontinue use and
certify as destroyed, or return to Licensor, all copies of the Product(s).
Licensee's obligation to pay accrued charges and fees shall survive any
termination of this Agreement. Within 30 calendar days after termination of
the Agreement, Licensee shall pay to Licensor all sums then due and owing.

3. Fees and Taxes. If Licensee is purchasing a license for the Product(s)
directly from Netscape, all fees are exclusive of taxes, withholdings,
duties or levies (collectively herein "Levies"), however designated or
computed, and Licensee shall be responsible for paying all such Levies
except for taxes based on Netscape's net income. If Licensee is exempt from
such Levies, Licensee shall provide to Netscape a valid tax or other Levy
exemption certificate acceptable to the taxing or other levying authority.

4. Proprietary Rights. Title, ownership rights, and intellectual property
rights in the Product(s) shall remain in Netscape and/or its suppliers.
Licensee acknowledges 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 Product(s). The Product(s) are protected by copyright and other
intellectual property laws and by international treaties. Title and related
rights in the content accessed through the Product(s) are the property of
the applicable content owner and are protected by applicable law. The
license granted under this Agreement gives Licensee no rights to such
content. Any copy shall contain all notices regarding proprietary rights as
contained in the Product originally delivered by Licensor.

5. Restrictions. Except as otherwise expressly permitted in this Agreement,
Licensee may not: (i) modify or create any derivative works of any Product
or documentation, including translation or localization (LicenseeÌs code
written to published APIs (application programming interfaces) for the
Product(s) shall not be deemed derivative works); (ii) decompile,
disassemble, reverse engineer, or otherwise attempt to derive the source
code for any Product (except to the extent applicable laws specifically
prohibit such restriction); (iii) redistribute, encumber, sell, rent,
lease, sublicense, use the Products in a timesharing or service bureau
arrangement, or otherwise transfer rights to any Product; (iv) copy any
Product (except for an archival copy which must be stored on media other
than a computer hard drive) or documentation; (v) remove or alter any
trademark, logo, copyright or other proprietary notices, legends, symbols
or labels in the Product(s); (vi) modify any header files or class
libraries in any Product; (vii) create or alter tables or reports relating
to the database portion of the Product (except as necessary for operating
the Product); (viii) publish any results of benchmark tests run on any
Product to a third party without Netscape's prior written consent; (ix) use
the database provided for use with any Product except in conjunction with
the relevant Product; or (x) use any Product on a system with more CPUs
than the number licensed, by more Users than have been licensed, on more
computers than the number licensed, or by more developers than the number
licensed, as applicable.

6. Limited Warranty. Provided Licensee has paid the applicable license
fees, for 90 days after the date of shipment to Licensee (date of shipment
meaning either the date Licensor shipped the Product on media or the date
on which Licensee downloaded the Product from an authorized Netscape
download site) of each Product (the "Warranty Period"), Licensor warrants
that (i) the media on which the Product is delivered will be free of
defects in material and workmanship under normal use; and (ii) the
unmodified Product, when properly installed and used, will substantially
achieve the functionality described in the applicable documentation. THE
EXPRESS WARRANTY SET FORTH HEREIN CONSTITUTES THE ONLY WARRANTY WITH
RESPECT TO THE PRODUCT(S). LICENSOR AND ITS SUPPLIERS DO NOT MAKE, AND
HEREBY EXCLUDE, ALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER
EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO
ANY PRODUCT OR TEST DATA INCLUDED IN ANY PRODUCT. LICENSOR AND ITS
SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTIES'
RIGHTS. LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THAT THE PRODUCT(S) WILL
MEET LICENSEEÌS REQUIREMENTS OR WILL OPERATE IN THE COMBINATIONS WHICH MAY
BE SELECTED BY LICENSEE OR THAT THE OPERATION OF THE PRODUCT(S) WILL BE
SECURE, ERROR-FREE OR UNINTERRUPTED AND LICENSOR HEREBY DISCLAIMS ANY AND
ALL LIABILITY ON ACCOUNT THEREOF. THE SECURITY MECHANISMS IMPLEMENTED BY
THE PRODUCT(S) HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT
THE PRODUCT(S) SUFFICIENTLY MEET LICENSEEÍS REQUIREMENTS. LICENSOR
AND ITS SUPPLIERS SHALL HAVE NO OBLIGATIONS UNDER THE WARRANTY PROVISIONS
SET FORTH HEREIN IF LICENSEE SUBJECTS THE MEDIA TO ACCIDENT OR ABUSE;
ALTERS, MODIFIES OR MISUSES THE PRODUCT(S); USES THE PRODUCT(S)
INCORPORATED, ATTACHED OR IN COMBINATION WITH NON-NETSCAPE SOFTWARE OR ON
ANY COMPUTER SYSTEM OTHER THAN THAT FOR WHICH THE PRODUCT IS INTENDED; OR
LICENSEE VIOLATES THE TERMS OF THIS AGREEMENT. THE EXTENT OF LICENSOR'S
DUTY UNDER THIS LIMITED WARRANTY SHALL BE THE CORRECTION OR REPLACEMENT OF
ANY PRODUCT WHICH FAILS TO MEET THIS WARRANTY. IN THE EVENT OF A BREACH OF
THIS WARRANTY, AND IF LICENSEE PROVIDES LICENSOR WITH A WRITTEN REPORT
DURING THE WARRANTY PERIOD, LICENSOR WILL USE REASONABLE EFFORTS TO CORRECT
OR REPLACE PROMPTLY, AT NO CHARGE TO LICENSEE, THE ERRORS OR FAILURES. THIS
IS LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY EXPRESS OR
IMPLIED WARRANTIES HEREUNDER. NOTWITHSTANDING THE FOREGOING, SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES;
HOWEVER, THE EXCLUSIONS OF LICENSOR'S WARRANTY IN THIS LIMITED WARRANTY
SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS
AGREEMENT DOES NOT EXCLUDE ANY WARRANTIES THAT MAY NOT BE EXCLUDED BY LAW
AND ANY LIABILITY ARISING HEREUNDER SHALL BE LIMITED TO THE CORRECTION OR
REPLACEMENT OF THE APPLICABLE PRODUCT, AT LICENSOR'S OPTION.

7.  Limitation on Liability. (a) IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS
OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR ANY DIRECT DAMAGES WITH RESPECT SOLELY TO ANY
DATABASE PRODUCT PROVIDED WITH THE PRODUCT, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF WHETHER ANY CLAIM IS
BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY. (b) WITH
THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF
LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION, IN NO
EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY AMOUNTS
IN THE AGGREGATE IN EXCESS OF THE LICENSE FEES RECEIVED BY LICENSOR FROM
LICENSEE HEREUNDER FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES,
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR
INVALIDITY OF SUBSECTION (a) ABOVE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. LICENSEE IS SOLELY
RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF ANY CONTENT PROVIDED BY
LICENSEE AND/OR ANY MATERIAL TO WHICH USERS CAN LINK THROUGH SUCH CONTENT.
ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM LICENSOR IS FOR TESTING
USE ONLY AND LICENSOR HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING
THEREFROM. THE EXTENT OF LICENSOR'S LIABILITY FOR THE LIMITED WARRANTY
SECTION SHALL BE AS SET FORTH THEREIN.

8. Encryption. If Licensee wishes to use the cryptographic features of any
Product, then Licensee may need to obtain and install a signed digital
certificate from a certificate authority or a certificate server in order
to utilize the cryptographic features. Licensee may be charged additional
fees for certification services. Licensee is responsible for maintaining
the security of the environment in which the Product is used and the
integrity of the private key file used with the Product. 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 Licensee is sending or receiving
digital certificates, Licensee is responsible for familiarizing itself with
and evaluating such terms and limitations. If the Product is a version with
FORTEZZA, Licensee will need to obtain PC Card Readers and FORTEZZA Crypto
Cards from another vendor to enable the FORTEZZA features.

9. Export Control. Licensee agrees to comply with all export laws and
restrictions and regulations of the U.S. Department of State, Department of
Commerce or other United States or foreign agency or authority, and not to
export or re-export any Product or any direct product thereof in violation
of any such restrictions, laws or regulations, or without all necessary
approvals. Neither the Product(s) nor the underlying information or
technology may be downloaded or otherwise exported or re-exported (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 Product(s), Licensee agrees to the
foregoing and represents and warrants that it is not located in, under the
control of, or a national or resident of any such country or on any such
list. As applicable, each party shall obtain and bear all expenses relating
to any necessary licenses and/or exemptions with respect to its own export
of the Product(s) from the U.S.

If the Product(s) are identified as being not-for-export (for example, on
the box, media or in the installation process), then, unless Licensee has
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 PRODUCT(S) 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, LICENSEE AGREES TO THE
FOREGOING AND WARRANTS THAT IT IS NOT A "FOREIGN PERSON" OR UNDER THE
CONTROL OF A "FOREIGN PERSON."

10. High Risk Activities. The Product(s) are not fault-tolerant and are 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 any Product 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. Licensee agrees that Licensor and its suppliers will not
be liable for any claims or damages arising from the use of any Product in
such applications.

11. U.S. Government End Users. The Product 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 Product with only those rights set
forth herein.

12. Educational Users. If Licensee is a qualifying educational or nonprofit
institution within the United States or Canada, certain Netscape client and
server products are available for free download from the Netscape download
site, and selected other client and server products are available at an
educational discount. Qualifying educational institutions are grammar
schools, junior high schools and high schools; junior colleges, colleges
and universities that are accredited and issue two-year, four-year or
advanced degrees; public libraries; and state departments of education.
Students, faculty and staff at qualifying educational institutions are
authorized to use the software products obtained through an education
program, for educational purposes only. Only charitable nonprofit
organizations that have been preapproved by Netscape qualify for free or
discounted Netscape products. Hospitals do not qualify for this program.
For more information on programs for educational and nonprofit
institutions, please visit the following website:
http://home.netscape.com/comprod/business_solutions/education/index.html.

13.  Miscellaneous. (a) This Agreement constitutes the entire agreement
between the parties concerning the subject matter hereof and supersedes all
prior and contemporaneous agreements and communications, whether oral or
written, between the parties relating to the subject matter hereof, and all
past courses of dealing or industry custom. The terms and conditions hereof
shall prevail over any conflicting purchase order or other written
instrument submitted by Licensee. (b) This Agreement may be amended only by
a writing signed by both parties. (c) This Agreement shall be governed by
the laws of the State of California, U.S.A., without reference to its
conflict of law provisions. (d)  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.
(e) This Agreement shall not be governed by the United Nations Convention
on Contracts for the International Sale of Goods. (f) If any provision in
this Agreement should be held illegal or unenforceable by a court having
jurisdiction, such provision shall be modified to the extent necessary to
render it enforceable without losing its intent, or severed from this
Agreement if no such modification is possible, and other provisions of
this Agreement shall remain in full force and effect. (g) The controlling
language of this Agreement is English. If Licensee has received a
translation into another language, it has been provided for Licensee's
convenience only. (h) A waiver by either party of any term or condition of
this Agreement or any breach thereof, in any one instance, shall not waive
such term or condition or any subsequent breach thereof. (i) The
provisions of this Agreement which require or contemplate performance
after the expiration or termination of this Agreement shall be enforceable
notwithstanding said expiration or termination. (j) Licensee may not
assign or otherwise transfer by operation of law or otherwise this
Agreement or any rights or obligations herein without the prior express
written consent of Licensor, which will not be unreasonably withheld. (k)
This Agreement shall be binding upon and shall inure to the benefit of
the parties, their successors and permitted assigns. (l) Neither party
shall be in default or be liable for any delay, failure in performance
(excepting the obligation to pay) or interruption of service resulting
directly or indirectly from any cause beyond its reasonable control. (m)
The relationship between Licensor and Licensee is that of independent
contractors and neither Licensee nor its agents shall have any authority
to bind Licensor in any way. (n) If any dispute arises under this
Agreement, the prevailing party shall be reimbursed by the other party
for any and all legal fees and costs associated therewith. (o) The
headings to the sections of this Agreement are used for convenience
only and shall have no substantive meaning.

14.  Licensee Outside the U.S. If Licensee is located outside the U.S.,
then the provisions of this Section shall apply. (i) If Licensee is
purchasing licenses directly from Netscape and if Netscape and Licensee are
not located in the same country, then, if any applicable law requires
Licensee to withhold amounts from any payments to Netscape hereunder
Licensee shall effect such withholding, remit such amounts to the
appropriate taxing authorities and promptly furnish Netscape with tax
receipts evidencing the payments of such amounts, and the sum payable by
Licensee upon which the deduction or withholding is based shall be
increased to the extent necessary to ensure that, after such deduction or
withholding, Netscape receives and retains, free from liability for such
deduction or withholding, a net amount equal to the amount Netscape would
have received and retained absent such required deduction or withholding.
(ii) Les parties aux prÈsentÈs confirment leur volontÈ que cette convention
de mÍme que tous les documents y compris tout avis qui sÌy rattachÈ, soient
redigÈs en langue anglaise. (translation: "The parties confirm that this
Agreement and all related documentation is and will be in the English
language.") (iii) Licensee is responsible for complying with any local laws
in its jurisdiction which might impact its right to import, export or use
the Product(s), and Licensee represents that it has complied with any
regulations or registration procedures required by applicable law to make
this license enforceable.

                NETSCAPE CLIENT PRODUCT TERMS AND CONDITIONS

1. Agreement. The Agreement governing Licensee's use of the Product(s)
identified above ("Client Products") consists of these Netscape Client
Product Terms and Conditions, the General Terms, and, if provided, the (i)
Corporate End User Order Form and Product Schedule or (ii) Quotation and
Offer form, as applicable. Regarding the use of any third party software
included as part of the default Client Product installation: if a license
agreement is presented for acceptance the first time that third party
software is invoked, then that license agreement shall govern the use of
that third party software; if no license is presented for acceptance, then
the use of that third party software shall be governed by this Agreement,
but the term "Licensor," with respect to such third party software, shall
mean the manufacturer of that software and not Netscape.

2. License Grant. Subject to payment of applicable license fees, if any,
Licensor grants Licensee a non-exclusive and non-transferable license to
use the executable code version of the Client Product(s) and accompanying
documentation according to the terms and conditions of this Agreement.
Netscape Navigator, Netscape Navigator Gold and Netscape Communicator
Standard Edition are referred to herein as "Standard Software." Netscape
Communicator Professional Edition that Licensee is using for a limited time
for the purpose of evaluating whether to purchase an ongoing license is
referred to herein as "Evaluation Software." Together they are referred to
herein as "Free Software." Netscape Communicator Professional Edition,
Netscape Communicator Internet Access Edition, Netscape Communicator Deluxe
Edition, and Netscape Publishing Suite are referred to herein as
"Professional Software." Licensee may not customize the Client Products
unless Licensee has licensed either the Netscape Client Customization Kit
or Netscape Mission Control Desktop, and then only to the extent permitted
in the license agreement accompanying that product. Licensee may:

  A. For Standard Software: Reproduce the Standard Software for personal or
internal business use, provided any copy must contain all of the original
Standard Software's proprietary notices. Users of Standard Software are not
entitled to hard-copy documentation, support or telephone assistance unless
the entity from which Licensee received Standard Software provides support.
Licensee may not redistribute the Standard Software unless Licensee has
separately entered into a distribution agreement with Netscape such as the
Unlimited Distribution Program Agreement.

  B. For Evaluation Software: Use the Evaluation Software for a limited
time for the purpose of determining whether Licensee wishes to purchase a
license for Netscape Communicator Professional Edition. 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.

  C. For Professional Software Packaged Products:

     a. Use the Professional Software on a single computer, except that (i)
it may also be used on a second computer if only one 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 Licensee 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
website at no cost. The Documentation may not be duplicated for home users,
and no technical assistance will be provided for home use.

     b. 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.

     c. If Licensee has 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) or
invoice(s) provided any copy must contain all of the original Professional
Software's proprietary notices. The number of copies on the packing slip(s)
or invoice(s) is the total number of copies that may be made for all
platforms. Additional copies of documentation may be purchased from
Licensor.

  D. For Professional Products Charters Program Licenses:

     a. Make the total number of copies of the Professional Software and
accompanying documentation indicated on the Product Schedule, provided any
copy must contain all of the original Professional Software's proprietary
notices. The number of copies on the Product Schedule is the total number
of copies that may be made for all platforms.

     b. Sublicense the right to use and reproduce the Client Product(s)
and related documentation under this Agreement to subsidiaries of
Licensee provided Licensee is responsible for each such entity complying
with the terms of this Agreement.

3. Fees. There is no license fee for Standard Software or Evaluation
Software. License fees are required for Professional Software. Licensee is
only entitled to a refund for Professional Software if one is offered by
Licensee's place of purchase.

4. Disclaimer of Warranty for Free Software. FREE SOFTWARE IS PROVIDED
ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT
LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR
A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE FREE SOFTWARE IS BORNE BY LICENSEE. SHOULD THE FREE
SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS
SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR.
IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE FREE SOFTWARE HAVE
INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE FREE SOFTWARE
SUFFICIENTLY MEETS ITS REQUIREMENTS. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE FREE
SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.


Netscape Client Software EULA                  Rev. 062498