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diff --git a/licenses/NETSCAPE b/licenses/NETSCAPE deleted file mode 100644 index 4ad45506239f..000000000000 --- a/licenses/NETSCAPE +++ /dev/null @@ -1,286 +0,0 @@ -
-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 présentés confirment leur volonté
-que cette convention de même que tous les documents y compris
-tout avis qui s'y rattaché, soient redigés 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
|