NETSCAPE 6.2.3 END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted
These terms apply to Netscape 6.2.3
BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR USING
THE NETSCAPE 6.2.3 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 NOT CLICK THE "ACCEPT" BUTTON, 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 (the "CCK
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 or as provided by the Netscape Public License or Mozilla Public
License for portions of the Product governed by those licenses);
(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.
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 intellectual
property 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. USE AND AVAILABILITY OF OPEN SOURCE CODE. Portions of the
Product were created using source code governed by the Netscape Public
License (NPL) and the Mozilla Public License (MPL). The source code for
the portions of the Product governed by the NPL and MPL is available from
http://www.mozilla.org under those licenses.
8. 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 OR
ANY CONTRIBUTORS TO THE SOURCE CODE OF THE PORTIONS OF
THE PRODUCT AVAILABLE FROM
HTTP://WWW.MOZILLA.ORG
("OPEN SOURCE CONTRIBUTORS") 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.
9. 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 OR ANY OPEN SOURCE CONTRIBUTORS 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 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.
NETSCAPE IS NOT RESPONSIBLE FOR ANY LIABILITY, WHETHER
FOR INFRINGEMENT OR OTHERWISE, ARISING OUT OF THE USE
OF THOSE PORTIONS OF THE PRODUCT AVAILABLE FROM
HTTP://WWW.MOZILLA.ORG.
10. 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,
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.
11. 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/or 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.
12. 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, but not limited to, 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.
13. BROWSER DOWNLOAD FEEDBACK. When downloaded and
installed onto your computer, the Product may automatically send information
relating to the download and install process to Netscape. Netscape may use
the information for such purposes as improving the reliability of the download
and install process and improving its services to users. The information may
include, for example, the configuration of the Product downloaded and
installed, conflicts or errors encountered during the download and install
process, conflicts created during the download and install process based on the
hardware configuration encountered, and/or success of the download and
install process. No user identifiable data is included in the information sent to
Netscape.
14. 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.
15. 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.
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.
16. 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
PRESENTES CONFIRMENT LEUR VOLONTE QUE CETTE
CONVENTION DE MEME QUE TOUS LES DOCUMENTS Y COMPRIS
TOUT AVIS QUI S'Y RATTACHE, SOIENT REDIGES 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.
Netscape 6.2.3 EULA
rev. 05/06/02
