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297 lines
18 KiB
HTML
297 lines
18 KiB
HTML
<HTML>
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<HEAD>
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<META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=iso-8859-1">
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<META NAME="GENERATOR" CONTENT="Mozilla/4.03 [en]C-NSCP (Win95; U) [Netscape]">
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<TITLE>BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT
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</TITLE>
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</HEAD>
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<BODY>
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<FONT FACE="Book Antiqua"><FONT SIZE=-1>BY
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CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU ARE CONSENTING
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TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT
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AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES
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YOU DO NOT ACCEPT THE TERMS, AND DO NOT INSTALL THE SOFTWARE. (IF APPLICABLE,
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YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.)
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IF THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A PRINTED OR
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OTHER FORM OF "HARD-COPY" END USER LICENSE AGREEMENT WHOSE TERMS VARY FROM
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THIS AGREEMENT, THEN THE HARD-COPY END USER LICENSE AGREEMENT GOVERNS YOUR
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USE OF THE SOFTWARE.</FONT></FONT>
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<CENTER></CENTER>
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<CENTER><B><FONT FACE="Book Antiqua"><FONT SIZE=-1>NETSCAPE TOOLS END USER
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LICENSE AGREEMENT</FONT></FONT></B></CENTER>
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<CENTER><B><FONT FACE="Book Antiqua"><FONT SIZE=-1>REDISTRIBUTION (EXCEPT
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FOR REDISTRIBUTABLE ELEMENTS)</FONT></FONT></B></CENTER>
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<CENTER><B><FONT FACE="Book Antiqua"><FONT SIZE=-1>OR RENTAL NOT PERMITTED</FONT></FONT></B></CENTER>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>This Agreement sets forth the
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terms and conditions of your use of the accompanying Netscape tool software
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product(s) (the "Software"). Any third party software that is provided
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with the Software with such third party's license agreement (in either
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electronic or printed form) is included for use at your option. If you
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choose to use such software, then such use shall be governed by such third
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party's license agreement and not by this Agreement. As used in this Agreement,
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for residents of Europe, the Middle East and Africa, "Netscape" shall mean
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Netscape Communications Ireland Limited; for residents of Japan, "Netscape"
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shall mean Netscape Communications (Japan), Ltd.; for residents of all
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other countries, "Netscape" shall mean Netscape Communications Corporation.
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For purposes of this Agreement, "Licensor" shall be defined as follows:
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If you have acquired a third party product or service and such product
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or service included the Software, then such third party shall be the Licensor.
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Otherwise, Netscape shall be the Licensor.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>LICENSE GRANT</B>. Licensor
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hereby grants to you a non-exclusive and non-transferable license to use
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the Software and related documentation ("Documentation") according to the
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provisions contained herein and subject to payment of applicable license
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fees. Unless you have purchased a subscription for the Software, the license
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granted under this Agreement does not grant you any right to any enhancement
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or update to the Software.</FONT></FONT>
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<P><B><FONT FACE="Book Antiqua"><FONT SIZE=-1>You may:</FONT></FONT></B>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>use the Software on any single
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computer;</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>run multiple instances of the
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Software on a single computer;</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>except for the Oracle Software
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(described below), use the Software on a second computer so long as only
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one (1) copy is used at a time;</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>make a single copy of the Software
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for archival purposes, provided the copy must contain all of the original
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Software's proprietary notices;</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>if Netscape Navigator software
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or Netscape Communicator software ("Client Software") is provided with
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the Software, use the Client Software solely for developing and testing
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applications you are creating using the Software, and for no other purpose;</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>if a Netscape server product
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("Server Software") such as Netscape Enterprise Server or Netscape Directory
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Server is provided with the Software, use the Server Software only in conjunction
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with the Software and solely for the purpose of developing and testing
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applications you are creating using the Software, and for no other purpose.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>LIMITATIONS. You may not</B>:</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>permit other individuals to
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use the Software except under the terms listed above;</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>permit concurrent use of the
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Software;</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>modify, translate, reverse engineer,
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decompile, disassemble (except to the extent applicable laws specifically
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prohibit such restriction), or create derivative works (except as provided
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otherwise herein) of the Software;</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>copy or use the Software other
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than as specified above;</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>redistribute the Software or
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any portion of the Software except for the redistribution of the Redistributable
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Elements as provided for herein;</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>rent, lease, grant a security
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interest in, or otherwise transfer rights to the Software;</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>publish or provide any results
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of benchmark tests run on the Software to a third party without Licensor's
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prior written consent; or</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>remove or alter any trademark,
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logo, copyright or other proprietary notices, legends, symbols or labels
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from the Software.</FONT></FONT>
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<P><B><FONT FACE="Book Antiqua"><FONT SIZE=-1>ORACLE DATABASE RIGHTS AND
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LIMITATIONS. </FONT></FONT></B><FONT FACE="Book Antiqua"><FONT SIZE=-1>If
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the Software includes Personal Oracle Lite software ("Oracle Software"),
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you are licensed to run the Oracle Software only on a single computer upon
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which Netscape Visual JavaScript software ("VJS") is installed for use
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with a single operating system, for internal purposes only, and only permitting
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access by a single named user. The Oracle Software may be used only in
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conjunction with the VJS software and only for the purpose of developing
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applications. You may not distribute the Oracle Software with your applications.
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In order to provide a deployment or runtime version of the Oracle Software
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with your application, you must separately license it from Oracle Corporation.
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In order to receive technical support for the Oracle Software after the
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initial 90 day warranty period (as described below), you will need to order
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technical support services directly from Oracle.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>REDISTRIBUTABLE ELEMENTS</B>.
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If the Software includes the Netscape Component Developer's Kit (the "CDK"),
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the CDK contains source code elements ("Source Code") that can be used
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to create components. If the Software includes VJS, VJS contains components
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in the component palette ("Components") that can be used to create applications.
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Together, the Source Code and Components are referred to herein as "Redistributable
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Elements." In addition to the rights and limitations described above, the
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following terms govern your use of Restributable Elements: You may use,
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but not modify, the Components to create applications. You may use the
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Source Code in applications that you create, and you may modify the Source
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Code for use in your applications. You also may reproduce and distribute
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the Redistributable Elements as part of your application, provided that
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your application adds substantial and primary functionality to the Redistributable
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Elements, that you do not permit further redistribution by your end users
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and that you do not under any circumstances distribute the Redistributable
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Elements as part of a tool designed to build other applications.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>LIMITED WARRANTY</B>. Licensor
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warrants that for a period of ninety (90) days from the date of acquisition,
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the Software (other than the Netscape Component Developer's Kit, "CDK"),
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if operated as directed, will substantially achieve the functionality described
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in the Documentation. Licensor does not warrant, however, that your use
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of the Software will be uninterrupted or that the operation of the Software
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will be error-free or secure. In addition, the security mechanisms implemented
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by the Software have inherent limitations, and you must determine that
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the Software sufficiently meets your requirements. Licensor also warrants
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that the media containing the Software, if provided by Licensor, is free
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from defects in material and workmanship and will so remain for ninety
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(90) days from the date you acquired the Software. Licensor's sole liability
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for any breach of this warranty shall be, in Licensor's sole discretion:
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(i) to replace your defective media or Software; or (ii) to advise you
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how to achieve substantially the same functionality with the Software as
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described in the Documentation through a procedure different from that
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set forth in the Documentation; or (iii) if the above remedies are impracticable,
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to refund the license fee you paid for the Software. Repaired, corrected,
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or replaced Software and Documentation shall be covered by this limited
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warranty for the period remaining under the warranty that covered the original
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Software, or if longer, for thirty (30) days after the date (a) of delivery
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to you of the repaired or replaced Software, or (b) Licensor advised you
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how to operate the Software so as to achieve substantially the same functionality
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described in the Documentation.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>Only if you inform Licensor
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of your problem with the Software during the applicable warranty period
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and provide evidence of the date you purchased a license to the Software
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will Licensor be obligated to honor this warranty. Licensor will use reasonable
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commercial efforts to repair, replace, advise or,<B> </B>for individual
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consumers<B>, </B>refund pursuant to the foregoing warranty within thirty
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(30) days of being so notified.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>If any modifications are made
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to the Software by you during the warranty period; if the media is subjected
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to accident, abuse, or improper use; or if you violate the terms of this
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Agreement, then this warranty shall immediately terminate. This warranty
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shall not apply if the Software is used on or in conjunction with hardware
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or software other than the unmodified version of hardware and software
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with which the Software was designed to be used as described in the Documentation.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>THIS IS A LIMITED WARRANTY,
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AND IT IS THE ONLY WARRANTY MADE BY LICENSOR OR ITS SUPPLIERS. LICENSOR
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MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
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TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
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NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY
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RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY
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REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY
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PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY,
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APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR
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EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED
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TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>DISCLAIMER OF WARRANTY FOR
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CDK</B>. The CDK is provided on an "AS IS" basis, without warranty of any
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kind, including without limitation the warranties that it is free of defects,
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merchantable, fit for a particular purpose or non-infringing. The entire
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risk as to the quality and performance of the CDK is borne by you. Should
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the CDK prove defective or inaccurate, as the case may be, you and not
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Netscape or its suppliers assume the entire cost of any service and repair.
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In addition, the security mechanisms, if any, implemented by the CDK have
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inherent limitations, and you must determine that the CDK sufficiently
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meets your requirements. This disclaimer of warranty constitutes an essential
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part of this Agreement.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>TITLE</B>. Title, ownership
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rights, and intellectual property rights in the Software shall remain in
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Netscape and/or its suppliers. The Software is protected by copyright and
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other intellectual property laws and by international treaties. Title and
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related rights in the content accessed through the Software is the property
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of the applicable content owner and is protected by applicable law. The
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license granted under this Agreement gives you no rights to such content.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>TERMINATION</B>. This Agreement
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and the license granted hereunder will terminate automatically if you fail
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to comply with the limitations described herein. Upon termination, you
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must destroy all copies of the Software and Documentation. Your obligations
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to pay accrued charges and fees shall survive any termination of this Agreement.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>EXPORT CONTROLS</B>. None
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of the Software or underlying information or technology may be downloaded
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or otherwise exported or reexported (i) into (or to a national or resident
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of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country
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to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
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Department's list of Specially Designated Nationals or the U.S. Commerce
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Department's Table of Denial Orders. By downloading or using the Software,
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you are agreeing to the foregoing and you are representing and warranting
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that you are not located in, under the control of, or a national or resident
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of any such country or on any such list.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1>In addition, if the licensed
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Software is identified as a not-for-export product (for example, on the
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box, media or in the installation process), then, unless you have an exemption
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from the United States Department of State, the following applies: EXCEPT
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FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE
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AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES
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OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT
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REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN,
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NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING
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OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING
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THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>LIMITATION OF LIABILITY</B>.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT,
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OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO
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YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
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DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
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OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
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ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE
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FOR ANY DAMAGES EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
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OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
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FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
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LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
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OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
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MAY NOT APPLY TO YOU.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>INDEMNIFICATION</B>. You
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defend, indemnify and hold harmless Licensor, its suppliers and its resellers
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from and against liabilities, costs, damages and expenses (including settlement
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costs and reasonable attorneys' fees) arising from any claims that result
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from or relate to the use, reproduction or distribution of your application.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>HIGH RISK ACTIVITIES</B>.
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The Software is not fault-tolerant and is not designed, manufactured or
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intended for use or resale as on-line control equipment in hazardous environments
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requiring fail-safe performance, such as in the operation of nuclear facilities,
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aircraft navigation or communication systems, air traffic control, direct
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life support machines, or weapons systems, in which the failure of the
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Software could lead directly to death, personal injury, or severe physical
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or environmental damage ("High Risk Activities"). Licensor and its suppliers
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specifically disclaim any express or implied warranty of fitness for High
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Risk Activities.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>MISCELLANEOUS</B>. This Agreement
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represents the complete agreement concerning the license granted hereunder
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and may be amended only by a writing executed by both parties. If any provision
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of this Agreement is held to be unenforceable, such provision shall be
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reformed only to the extent necessary to make it enforceable. This Agreement
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shall be governed by California law, excluding conflict of law provisions
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(except to the extent applicable law, if any, provides otherwise). The
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application of the United Nations Convention on Contracts for the International
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Sale of Goods is expressly excluded.</FONT></FONT>
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<P><FONT FACE="Book Antiqua"><FONT SIZE=-1><B>U.S. GOVERNMENT END USERS</B>.
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The Software is a "commercial item," as that term is defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
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computer software documentation," as such terms are used in 48 C.F.R. 12.212
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
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through 227.7202-4 (June 1995), all U.S. Government End Users acquire the
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Software with only those rights set forth herein.</FONT></FONT>
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</BODY>
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</HTML>
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