path: root/licenses/NETSCAPE

NETSCAPE CLIENT PRODUCTS END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted
These terms apply to Netscape Communicator and Netscape Navigator

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE 
NETSCAPE COMMUNICATOR OR NETSCAPE NAVIGATOR SOFTWARE (THE 
"PRODUCT"), YOU ARE CONSENTING TO BE BOUND BY AND BECOME A 
PARTY TO THIS AGREEMENT AS THE "LICENSEE."

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
YOU MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE, YOU MUST 
NOT INSTALL OR USE THE PRODUCT, AND YOU DO NOT BECOME A LICENSEE 
UNDER THIS AGREEMENT.

1.  LICENSE AGREEMENT.  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 under the following circumstances: (i) if 
Licensee acquired the Product as a bundled component of a third 
party product or service, then such third party shall be Licensor; 
and (ii) if any third party software is included as part of the 
Product installation and no license is presented for acceptance 
the first time that third party software is invoked, 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. 
With the exception of the situation described in (ii) above, the 
use of any included third party software product shall be governed 
by the third party's license agreement and not by this Agreement, 
whether that license agreement is presented for acceptance the 
first time that the third party software is invoked, is included 
in a file in electronic form, or is included in the package in 
printed form. If more than one license agreement was provided for 
the 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 the Product, 
an electronic agreement provided with the Product. 
2.  LICENSE GRANT.  Licensor grants Licensee a non-exclusive and 
non-transferable license to reproduce and use for personal or 
internal business purposes the executable code version of the 
Product, provided any copy must contain all of the original 
proprietary notices. This license does not entitle Licensee to 
receive from Netscape hard-copy documentation, technical support, 
telephone assistance, or enhancements or updates to the Product. 
3.  RESTRICTIONS.  Except as otherwise expressly permitted in 
this Agreement, or in another Netscape agreement to which 
Licensee is a party such as the Netscape Client Customization 
Kit License Agreement ("CCK License Agreement"), the Netscape 
Mission Control Desktop License Agreement ("MCD License Agreement") 
or a distribution agreement, such as the Netscape Browser 
Distribution Program License Agreement, Licensee may not: (i) 
modify or create any derivative works of the Product or 
documentation, including customization, translation or 
localization; (ii) decompile, disassemble, reverse engineer, 
or otherwise attempt to derive the source code for the Product 
(except to the extent applicable laws specifically prohibit 
such restriction); (iii) redistribute, encumber, sell, rent, 
lease, sublicense, or otherwise transfer rights to the Product; 
(iv) remove or alter any trademark, logo, copyright or other 
proprietary notices, legends, symbols or labels in the Product; 
or (v) publish any results of benchmark tests run on the 
Product to a third party without Netscape's prior written consent.  
Licensee may only modify or customize the Product to the extent 
permitted in the CCK or MCD License Agreement, as applicable.
4.  FEES.  There is no license fee for the Product. If Licensee 
wishes to receive the Product on media, there may be a small 
charge for the media and for shipping and handling. Licensee 
is responsible for any and all taxes.
5.  TERMINATION.  Without prejudice to any other rights, Licensor 
may terminate this Agreement if Licensee breaches any of its 
terms and conditions. Upon termination, Licensee shall destroy 
all copies of the Product.
6.  PROPRIETARY RIGHTS.  Title, ownership rights, and 
intellectualproperty rights in the Product 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.The Product is protected by 
copyright and other intellectual property laws and by 
international treaties. Title and related rights in the 
content accessed through the Product are the property of the 
applicable content owner and are protected by applicable 
law.  The license granted under this Agreement gives Licensee 
no rights in or to such content.
7.  DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED FREE OF 
CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY 
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION 
THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE 
TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR 
A PARTICULAR PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS 
TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY 
LICENSEE.  SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, 
LICENSEE AND NOT LICENSOR OR ITS AFFILIATES OR THEIR 
RESPECTIVE SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF 
ANY SERVICE AND REPAIR.  IN ADDITION, THE SECURITY MECHANISMS 
IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND 
LICENSEE MUST DETERMINE THAT THE PRODUCT RESPECTIVE SUPPLIERS 
 OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND 
REPAIR.  IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY 
THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST 
DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. 
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF 
THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER 
 EXCEPT UNDER THIS DISCLAIMER.
8.  LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED 
BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES 
OR THEIR RESPECTIVE SUPPLIERS OR RESELLERS BE LIABLE FOR ANY 
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES 
ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, 
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, 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 THE LEGAL OR 
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH 
THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S AND ITS AFFILIATES' 
ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS 
AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE 
FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR 
SUPPORT OF THE PRODUCT RECEIVED BY LICENSOR UNDER A SEPARATE 
SUPPORT AGREEMENT (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA 
OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED 
AT NETSCAPE'S SOLE DISCRETION (THE REPLACEMENT PRODUCT MAY 
NOT PERFORM ALL OF THE FEATURES AND FUNCTIONS OF THE ORIGINAL 
PRODUCT), WITH THE EXCEPTION OF LIABILITY RESULTING FROM 
DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR, 
TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF 
DAMAGES IN SUCH CASES.  SOME JURISDICTIONS DO NOT ALLOW THE 
EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL 
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.  
NETSCAPE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF 
CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED 
THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH 
CONTENT. 
9.  DIGITAL CERTIFICATES.  The Product supports certain 
cryptographic and authentication features, including but not 
limited to Secure Sockets Layer communications, that may require 
the installation and/or use of a digital certificate.  Digital 
certificates are issued, validated, and revoked by third-party 
certification authorities ("CAs") over which Netscape has no 
control.  Licensee is solely responsible for familiarizing itself 
with the terms and conditions established by a CA for the use of, 
or reliance upon, its digital certificates, including but not 
limited to any obligation of Licensee to validate a digital 
certificate, maintain the security of a cryptographic key or 
password, or pay fees for certification services.  Netscape has 
preloaded digital certificates of certain CAs into the Product 
in order to facilitate the recognition of digital certificates 
that such CAs have issued to persons, certificate, maintain the 
security of a cryptographic key or password, or pay fees for 
certification services.  Netscape has preloaded digital 
certificates of certain CAs into the Product in order to 
facilitate the recognition of digital certificates that such 
CAs have issued to persons, organizations, or devices (including 
software code).  LICENSEE IS SOLELY RESPONSIBLE FOR ANY DECISION 
TO USE OR RELY UPON A DIGITAL CERTIFICATE, INCLUDING THOSE 
DIGITAL CERTIFICATES THAT NETSCAPE HAS PRELOADED INTO THE 
PRODUCT.  NETSCAPE BEARS NO RESPONSIBILITY FOR THE VALIDITY OR 
ACCURACY OF ANY DIGITAL CERTIFICATE, OR FOR THE SECURITY OR 
INTEGRITY OF ANY TRANSACTION OR COMMUNICATION AUTHENTICATED BY 
A DIGITAL CERTIFICATE.
10.  EXPORT / IMPORT.  Licensee agrees to comply with all export 
and import laws and restrictions and regulations of the United 
States and foreign countries, and not to export, re-export or 
import the Product or any direct product thereof in violation 
of any such restrictions, laws or regulations, or without all 
necessary authorizations.  Neither the Product nor the underlying 
information or technology may be downloaded or otherwise exported 
or re-exported (i) to Cuba, Iran, Iraq, Libya, North Korea, Sudan, 
Syria, the Taliban-controlled areas of Afghanistan, or any other 
country subject to U.S. trade sanctions applicable to the Product, 
to individuals or entities controlled by such countries, or to 
nationals or residents of such countries other than nationals 
who are lawfully admitted permanent residents of countries not 
subject to such sanctions; or (ii) to any named party or 
individual on the U.S. Department of Treasury, Office of 
Foreign Assets Control list of Specially Designated Nationals 
and Blocked Persons, and the U.S. Department of Commerce, 
Bureau of Export Administration Denied Persons List or Entity 
List.  By downloading or using the Product, Licensee agrees 
to the foregoing and represents and warrants that it complies 
with these conditions.
11.  HIGH RISK ACTIVITIES.  The Product 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 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 the Product in such 
applications.
12.  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. 
13.  MISCELLANEOUS.  (a) This Agreement constitutes the entire 
agreement between the parties concerning the subject matter  
hereof.  (b) This Agreement may be amended only by a writing 
signed by both parties.  (c) Except to the extent applicable 
law, if any, provides otherwise, this Agreement shall be 
governed by the laws of the Commonwealth of Virginia, U.S.A., 
excluding its conflict of law provisions.  (d) Unless otherwise 
agreed in writing, all disputes relating to this Agreement are 
subject to the exclusive jurisdiction of the courts of 
Virginia and you expressly consent to the exercise of 
personal jurisdiction in the courts of Virginia in connection 
with any such dispute including any claim involving Netscape or 
its affiliates, subsidiaries, employees, contractors, officers 
and directors.  (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 of competent 
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 except in the case of a merger or the sale of all or 
substantially all of Licensee's assets to another entity.  
(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) If 
any Netscape professional services are being provided, 
then such professional services are provided pursuant 
to the terms of a separate Professional Services Agreement 
between Netscape and Licensee. The parties acknowledge that 
such services are acquired independently of the Product 
licensed hereunder, and that provision of such services 
is not essential to the functionality of such Product.  
(p) The headings to the sections of this Agreement are 
used for convenience only and shall have no substantive 
meaning.  (q) Licensor may use Licensee's name in any 
customer reference list or in any press release issued 
by Licensor regarding the licensing of the Product and/or 
provide Licensee's name and the names of the Product 
licensed by Licensee to third parties.
14.  LICENSEE OUTSIDE THE U.S. If Licensee is located outside 
the U.S., then the provisions of this Section shall apply. (i) 
Les parties aux pr�sent�s confirment leur volont� 
que cette convention de m�me que tous les documents y compris 
tout avis qui s'y rattach�, soient redig�s en langue 
anglaise. (translation: "The parties confirm that this Agreement 
and all related documentation is and will be in the English 
language.")  (ii) Licensee is responsible for complying with 
any local laws in its jurisdiction which might impact its 
right to import, export or use the Product, and Licensee 
represents that it has complied with any regulations or 
registration procedures required by applicable law to make
this license enforceable.

Client Products EULA                   Rev. 05-02-01