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added netscape license

1 NETSCAPE CLIENT PRODUCTS END-USER LICENSE AGREEMENT
2 Redistribution Or Rental Not Permitted
3 These terms apply to Netscape Communicator and Netscape Navigator
4
5 BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE
6 NETSCAPE COMMUNICATOR OR NETSCAPE NAVIGATOR SOFTWARE (THE
7 "PRODUCT"), YOU ARE CONSENTING TO BE BOUND BY AND BECOME A
8 PARTY TO THIS AGREEMENT AS THE "LICENSEE."
9
10 IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
11 YOU MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE, YOU MUST
12 NOT INSTALL OR USE THE PRODUCT, AND YOU DO NOT BECOME A LICENSEE
13 UNDER THIS AGREEMENT.
14
15 1. LICENSE AGREEMENT. As used in this Agreement, for residents
16 of Europe, the Middle East or Africa, "Netscape" shall mean
17 Netscape Communications Ireland Limited; for residents of Japan,
18 "Netscape" shall mean Netscape Communications (Japan), Ltd.; for
19 residents of all other countries, "Netscape" shall mean Netscape
20 Communications Corporation. In this Agreement "Licensor" shall
21 mean Netscape except under the following circumstances: (i) if
22 Licensee acquired the Product as a bundled component of a third
23 party product or service, then such third party shall be Licensor;
24 and (ii) if any third party software is included as part of the
25 Product installation and no license is presented for acceptance
26 the first time that third party software is invoked, then the use
27 of that third party software shall be governed by this Agreement,
28 but the term "Licensor," with respect to such third party software,
29 shall mean the manufacturer of that software and not Netscape.
30 With the exception of the situation described in (ii) above, the
31 use of any included third party software product shall be governed
32 by the third party's license agreement and not by this Agreement,
33 whether that license agreement is presented for acceptance the
34 first time that the third party software is invoked, is included
35 in a file in electronic form, or is included in the package in
36 printed form. If more than one license agreement was provided for
37 the Product, and the terms vary, the order of precedence of those
38 license agreements is as follows: a signed agreement, a license
39 agreement available for review on the Netscape website, a printed
40 or electronic agreement that states clearly that it supersedes
41 other agreements, a printed agreement provided with the Product,
42 an electronic agreement provided with the Product.
43 2. LICENSE GRANT. Licensor grants Licensee a non-exclusive and
44 non-transferable license to reproduce and use for personal or
45 internal business purposes the executable code version of the
46 Product, provided any copy must contain all of the original
47 proprietary notices. This license does not entitle Licensee to
48 receive from Netscape hard-copy documentation, technical support,
49 telephone assistance, or enhancements or updates to the Product.
50 3. RESTRICTIONS. Except as otherwise expressly permitted in
51 this Agreement, or in another Netscape agreement to which
52 Licensee is a party such as the Netscape Client Customization
53 Kit License Agreement ("CCK License Agreement"), the Netscape
54 Mission Control Desktop License Agreement ("MCD License Agreement")
55 or a distribution agreement, such as the Netscape Browser
56 Distribution Program License Agreement, Licensee may not: (i)
57 modify or create any derivative works of the Product or
58 documentation, including customization, translation or
59 localization; (ii) decompile, disassemble, reverse engineer,
60 or otherwise attempt to derive the source code for the Product
61 (except to the extent applicable laws specifically prohibit
62 such restriction); (iii) redistribute, encumber, sell, rent,
63 lease, sublicense, or otherwise transfer rights to the Product;
64 (iv) remove or alter any trademark, logo, copyright or other
65 proprietary notices, legends, symbols or labels in the Product;
66 or (v) publish any results of benchmark tests run on the
67 Product to a third party without Netscape's prior written consent.
68 Licensee may only modify or customize the Product to the extent
69 permitted in the CCK or MCD License Agreement, as applicable.
70 4. FEES. There is no license fee for the Product. If Licensee
71 wishes to receive the Product on media, there may be a small
72 charge for the media and for shipping and handling. Licensee
73 is responsible for any and all taxes.
74 5. TERMINATION. Without prejudice to any other rights, Licensor
75 may terminate this Agreement if Licensee breaches any of its
76 terms and conditions. Upon termination, Licensee shall destroy
77 all copies of the Product.
78 6. PROPRIETARY RIGHTS. Title, ownership rights, and
79 intellectualproperty rights in the Product shall remain in
80 Netscape and/or its suppliers. Licensee acknowledges such
81 ownership and intellectual property rights and will not
82 take any action to jeopardize, limit or interfere in any
83 manner with Netscape's or its suppliers' ownership of or rights
84 with respect to the Product.The Product is protected by
85 copyright and other intellectual property laws and by
86 international treaties. Title and related rights in the
87 content accessed through the Product are the property of the
88 applicable content owner and are protected by applicable
89 law. The license granted under this Agreement gives Licensee
90 no rights in or to such content.
91 7. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED FREE OF
92 CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY
93 OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
94 THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE
95 TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR
96 A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS
97 TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY
98 LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT,
99 LICENSEE AND NOT LICENSOR OR ITS AFFILIATES OR THEIR
100 RESPECTIVE SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF
101 ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS
102 IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND
103 LICENSEE MUST DETERMINE THAT THE PRODUCT RESPECTIVE SUPPLIERS
104 OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND
105 REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY
106 THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST
107 DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS.
108 THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
109 THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER
110 EXCEPT UNDER THIS DISCLAIMER.
111 8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
112 BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES
113 OR THEIR RESPECTIVE SUPPLIERS OR RESELLERS BE LIABLE FOR ANY
114 INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
115 ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT,
116 INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS
117 OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
118 ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED
119 OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR
120 EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH
121 THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S AND ITS AFFILIATES'
122 ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS
123 AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE
124 FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR
125 SUPPORT OF THE PRODUCT RECEIVED BY LICENSOR UNDER A SEPARATE
126 SUPPORT AGREEMENT (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA
127 OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED
128 AT NETSCAPE'S SOLE DISCRETION (THE REPLACEMENT PRODUCT MAY
129 NOT PERFORM ALL OF THE FEATURES AND FUNCTIONS OF THE ORIGINAL
130 PRODUCT), WITH THE EXCEPTION OF LIABILITY RESULTING FROM
131 DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR,
132 TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF
133 DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE
134 EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL
135 DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
136 NETSCAPE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF
137 CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED
138 THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH
139 CONTENT.
140 9. DIGITAL CERTIFICATES. The Product supports certain
141 cryptographic and authentication features, including but not
142 limited to Secure Sockets Layer communications, that may require
143 the installation and/or use of a digital certificate. Digital
144 certificates are issued, validated, and revoked by third-party
145 certification authorities ("CAs") over which Netscape has no
146 control. Licensee is solely responsible for familiarizing itself
147 with the terms and conditions established by a CA for the use of,
148 or reliance upon, its digital certificates, including but not
149 limited to any obligation of Licensee to validate a digital
150 certificate, maintain the security of a cryptographic key or
151 password, or pay fees for certification services. Netscape has
152 preloaded digital certificates of certain CAs into the Product
153 in order to facilitate the recognition of digital certificates
154 that such CAs have issued to persons, certificate, maintain the
155 security of a cryptographic key or password, or pay fees for
156 certification services. Netscape has preloaded digital
157 certificates of certain CAs into the Product in order to
158 facilitate the recognition of digital certificates that such
159 CAs have issued to persons, organizations, or devices (including
160 software code). LICENSEE IS SOLELY RESPONSIBLE FOR ANY DECISION
161 TO USE OR RELY UPON A DIGITAL CERTIFICATE, INCLUDING THOSE
162 DIGITAL CERTIFICATES THAT NETSCAPE HAS PRELOADED INTO THE
163 PRODUCT. NETSCAPE BEARS NO RESPONSIBILITY FOR THE VALIDITY OR
164 ACCURACY OF ANY DIGITAL CERTIFICATE, OR FOR THE SECURITY OR
165 INTEGRITY OF ANY TRANSACTION OR COMMUNICATION AUTHENTICATED BY
166 A DIGITAL CERTIFICATE.
167 10. EXPORT / IMPORT. Licensee agrees to comply with all export
168 and import laws and restrictions and regulations of the United
169 States and foreign countries, and not to export, re-export or
170 import the Product or any direct product thereof in violation
171 of any such restrictions, laws or regulations, or without all
172 necessary authorizations. Neither the Product nor the underlying
173 information or technology may be downloaded or otherwise exported
174 or re-exported (i) to Cuba, Iran, Iraq, Libya, North Korea, Sudan,
175 Syria, the Taliban-controlled areas of Afghanistan, or any other
176 country subject to U.S. trade sanctions applicable to the Product,
177 to individuals or entities controlled by such countries, or to
178 nationals or residents of such countries other than nationals
179 who are lawfully admitted permanent residents of countries not
180 subject to such sanctions; or (ii) to any named party or
181 individual on the U.S. Department of Treasury, Office of
182 Foreign Assets Control list of Specially Designated Nationals
183 and Blocked Persons, and the U.S. Department of Commerce,
184 Bureau of Export Administration Denied Persons List or Entity
185 List. By downloading or using the Product, Licensee agrees
186 to the foregoing and represents and warrants that it complies
187 with these conditions.
188 11. HIGH RISK ACTIVITIES. The Product is not fault-tolerant and
189 is not designed, manufactured or intended for use or resale as
190 on-line control equipment in hazardous environments requiring
191 fail-safe performance, such as in the operation of nuclear
192 facilities, aircraft navigation or communication systems, air
193 traffic control, direct life support machines, or weapons systems,
194 in which the failure of the Product could lead directly to death,
195 personal injury, or severe physical or environmental damage
196 ("High Risk Activities"). Accordingly, Licensor and its
197 suppliers specifically disclaim any express or implied
198 warranty of fitness for High Risk Activities. Licensee agrees
199 that Licensor and its suppliers will not be liable for any
200 claims or damages arising from the use of the Product in such
201 applications.
202 12. U.S. GOVERNMENT END-USERS. The Product is a "commercial
203 item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
204 consisting of "commercial computer software" and "commercial
205 computer software documentation," as such terms are used in
206 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212
207 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
208 U.S. Government End-Users acquire the Product with only those
209 rights set forth herein.
210 13. MISCELLANEOUS. (a) This Agreement constitutes the entire
211 agreement between the parties concerning the subject matter
212 hereof. (b) This Agreement may be amended only by a writing
213 signed by both parties. (c) Except to the extent applicable
214 law, if any, provides otherwise, this Agreement shall be
215 governed by the laws of the Commonwealth of Virginia, U.S.A.,
216 excluding its conflict of law provisions. (d) Unless otherwise
217 agreed in writing, all disputes relating to this Agreement are
218 subject to the exclusive jurisdiction of the courts of
219 Virginia and you expressly consent to the exercise of
220 personal jurisdiction in the courts of Virginia in connection
221 with any such dispute including any claim involving Netscape or
222 its affiliates, subsidiaries, employees, contractors, officers
223 and directors. (e) This Agreement shall not be governed by
224 the United Nations Convention on Contracts for the International
225 Sale of Goods. (f) If any provision in this Agreement should
226 be held illegal or unenforceable by a court of competent
227 jurisdiction, such provision shall be modified to the extent
228 necessary to render it enforceable without losing its intent,
229 or severed from this Agreement if no such modification is
230 possible, and other provisions of this Agreement shall remain
231 in full force and effect. (g) The controlling language of
232 this Agreement is English. If Licensee has received a translation
233 into another language, it has been provided for Licensee's
234 convenience only. (h) A waiver by either party of any term
235 or condition of this Agreement or any breach thereof, in
236 any one instance, shall not waive such term or condition or
237 any subsequent breach thereof. (i) The provisions of this
238 Agreement which require or contemplate performance after
239 the expiration or termination of this Agreement shall be
240 enforceable notwithstanding said expiration or termination.
241 (j) Licensee may not assign or otherwise transfer by operation
242 of law or otherwise this Agreement or any rights or obligations
243 herein except in the case of a merger or the sale of all or
244 substantially all of Licensee's assets to another entity.
245 (k) This Agreement shall be binding upon and shall inure
246 to the benefit of the parties, their successors and permitted
247 assigns. (l) Neither party shall be in default or be liable
248 for any delay, failure in performance (excepting the obligation
249 to pay) or interruption of service resulting directly or
250 indirectly from any cause beyond its reasonable control.
251 (m) The relationship between Licensor and Licensee is that
252 of independent contractors and neither Licensee nor its
253 agents shall have any authority to bind Licensor in any way.
254 (n) If any dispute arises under this Agreement, the prevailing
255 party shall be reimbursed by the other party for any and
256 all legal fees and costs associated therewith. (o) If
257 any Netscape professional services are being provided,
258 then such professional services are provided pursuant
259 to the terms of a separate Professional Services Agreement
260 between Netscape and Licensee. The parties acknowledge that
261 such services are acquired independently of the Product
262 licensed hereunder, and that provision of such services
263 is not essential to the functionality of such Product.
264 (p) The headings to the sections of this Agreement are
265 used for convenience only and shall have no substantive
266 meaning. (q) Licensor may use Licensee's name in any
267 customer reference list or in any press release issued
268 by Licensor regarding the licensing of the Product and/or
269 provide Licensee's name and the names of the Product
270 licensed by Licensee to third parties.
271 14. LICENSEE OUTSIDE THE U.S. If Licensee is located outside
272 the U.S., then the provisions of this Section shall apply. (i)
273 Les parties aux présentés confirment leur volonté
274 que cette convention de même que tous les documents y compris
275 tout avis qui s'y rattaché, soient redigés en langue
276 anglaise. (translation: "The parties confirm that this Agreement
277 and all related documentation is and will be in the English
278 language.") (ii) Licensee is responsible for complying with
279 any local laws in its jurisdiction which might impact its
280 right to import, export or use the Product, and Licensee
281 represents that it has complied with any regulations or
282 registration procedures required by applicable law to make
283 this license enforceable.
284
285 Client Products EULA Rev. 05-02-01

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