NETSCAPE (r) 7.0 END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted
These terms apply to Netscape 7.0
BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR USING
THE NETSCAPE (r) 7.0 SOFTWARE (THE "PRODUCT"), YOU ARE
CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS
AGREEMENT AND THE LICENSE AGREEMENT FOR AOL (r)
INSTANT MESSENGER (tm) SOFTWARE ATTACHED BELOW, 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 or its suppliers 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. USE OF THE AOL INSTANT MESSENGER SOFTWARE AND
SERVICE. The Product may include AOL (r) Instant Messenger (tm)
software, accessible, for example, through the Buddy List (r) Sidebar feature.
Licensee's use of the Instant Messenger software and service is subject to
Licensee's acceptance of the "License Agreement for AOL Instant
Messenger (tm) Software" attached below.
9. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED
FREE OF CHARGE AND ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE WARRANTIES THAT THE PRODUCT IS
FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN
UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING, UNLESS SUCH
WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
LICENSOR AND ITS SUPPLIERS HAVE NO LIABILITY WITH
RESPECT TO USE OF THE PRODUCT. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY
LICENSEE, WHO 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.
10. 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 CONTRIBUTORS TO THE SOURCE CODE OF THE
PORTIONS OF THE PRODUCT AVAILABLE FROM
HTTP://WWW.MOZILLA.ORG BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS,
LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS
BEEN 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 LICENSOR'S SOLE DISCRETION, 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.
LICENSOR 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. LICENSOR 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.
11. 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 Licensor 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.
12. 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, 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. Licensee acknowledges that the software contains
encryption technology, the export of which is restricted by the U.S. and
certain foreign laws. By downloading or using the Product, Licensee agrees
to the foregoing, and represents and warrants that it complies with these
conditions.
13. 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.
14. 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.
15. 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.
16. MISCELLANEOUS. (a) 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.
(b) Licensee expressly agrees that jurisdiction for any claim or dispute arising
from the use of the Product resides in the federal and state courts of the
Commonwealth of Virginia. (c) This Agreement shall not be governed by the
United Nations Convention on Contracts for the International Sale of Goods.
(d) If any part of this Agreement is held invalid or unenforceable, that part
shall be construed to reflect the parties' original intent, and the remaining
portions remain in full force and effect. (e) 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. (f) 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. (g) 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. (h) This Agreement shall be binding upon
and shall inure to the benefit of the parties, their successors and permitted
assigns. (i) 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.
(j) 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. (k) 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.
Netscape 7.0 EULA
rev. 07/24/02
License Agreement for AOL(r) Instant Messenger (tm)
Software
The AOL Instant Messenger software (the "Software") is provided to you free
of charge, "AS IS," subject to the terms and conditions of this License
Agreement (the "Agreement"). Please read this Agreement in full before
using the Software. ONLY INDIVIDUALS WHO HAVE AGREED TO
THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY USE
THE SOFTWARE AND ACCESS THE AOL INSTANT MESSENGER
SERVICE (THE "SERVICE").
BY CLICKING BELOW, YOU AGREE TO USE THE SOFTWARE AND
SERVICE AS PROVIDED IN THIS AGREEMENT.
1. Limited License. Subject to the terms and conditions of this Agreement,
AOL grants you a limited, non-exclusive license to use the Software to access
the Service only as an authorized user of such Service.
2. Restrictions on Use. You may not create or use any software other than the
Software provided by AOL to enter your screen name and password or to
access the Service, without the express written authorization of AOL. You
may not modify, reverse engineer, decompile or disassemble the Software or
in any way ascertain, decipher, or obtain the communications protocol for
accessing the Service. You may not adapt, alter, modify, translate, or create
derivative works of the Software without the express written authorization of
AOL. You may not block, disable or otherwise affect any advertising,
advertisement banner window, links to other sites and services, or other
features that constitute an integral part of the Software and Service. You may
not incorporate, integrate or otherwise include the Software or any portion
thereof (including the communications protocols) into any software, program
or product that communicates, accesses, or otherwise connects with the
Service or any other instant messaging, Internet, or online service. You
further agree to abide by all laws and regulations in effect regarding your use
of the Software and Service and agree to indemnify AOL, its officers, agents,
employees and directors for any damages incurred as a result of a violation of
this paragraph. Finally, you may not authorize or assist any third party to do
any of the things described in this paragraph.
3. Additional Terms. You acknowledge that there may be features or
additional services made available on the Service for a fee. If you choose to
utilize such features or services, you agree to be bound by any additional
terms and conditions governing the use of such features or services.
4. Your Representations. You represent and warrant that you have the
adequate legal capacity to enter into this Agreement. You further represent
and warrant that you will use the Software only for lawful purposes and in
accordance with this Agreement, and that you will not use the Software to
violate any law, regulation or ordinance or any right of AOL or any third
party, including, without limitation, any right of privacy, publicity, copyright
or trademark.
5. Terms of Use and Privacy Policy. This Service participates in the
Netscape Network. If you become a member of the Netscape Network, then
the Netscape Network Member Agreement and Privacy Policy (the "Netscape
Network Policies") govern your use of this Service. You can view these
policies at http://about.netscape.com/Networkprivacy/index.html and
http://about.netscape.com/Networkterms/index.html. If you are not a member
of the Netscape Network, then the AOL.com Terms of Use and privacy policy
(the "AOL Policies") govern your use of this Service. You can view these
policies at http://www.aol.com/copyright.html and
http://www.aol.com/info/privacy.html. Both AOL and the Netscape Network
reserve the right to terminate your license to the Software and your access to
the Service without notice, if, in either AOL or the Netscape Network's sole
discretion, there has been a violation of the AOL Policies or the Netscape
Network Policies, whichever are applicable to you.
6. Termination. Should you breach this Agreement, your right to use the
Software shall terminate immediately and without notice. You may also
terminate this Agreement by simply discontinuing use of the Software. In the
event of any termination of this Agreement, the restrictions on your use of the
Software as set forth in Paragraph 2 ("Restrictions on Use") shall survive such
termination, and you agree to be bound by those terms.
7. No support by AOL. You understand that you use the Software and Service
at your own risk and that AOL provides no assistance or support for your use
of the Software or Service.
8. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS,"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT
THE SOFTWARE IS (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS
FREE, (C) ABLE TO MEET ANY REQUIREMENTS OF YOU OR
ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED
BASIS, (E) MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE
OR (G) NON-INFRINGING, UNLESS SUCH WARRANTIES ARE
LEGALLY INCAPABLE OF EXCLUSION. AOL SHALL HAVE NO
LIABILITY WITH RESPECT TO USE OF THE SOFTWARE.
9. Limitation of Liability. NEITHER AOL, ITS EMPLOYEES,
DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY
ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN
THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, AOL'S LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10. No Trademark License. No license is granted to you in this Agreement,
either expressly or implicitly, to use any trademark, service mark, names, or
logos of AOL, including America Online, AOL, AOL Instant Messenger,
Instant Messenger, AIM and the Running Man logo. AOL owns all
intellectual property in the Software and the proprietary AOL name space
database, including but not limited to AOL components and algorithms and
access to the Service server complex. AOL and the Netscape Network, if
applicable, owns all customer data collected through the Service registration
process.
11. Injunctive Relief. You acknowledge that the Software contains AOL's
proprietary and confidential information, and that disclosure of such
information or misuse of the Software will give rise to irreparable injury to
AOL, inadequately compensable in damages. Accordingly, AOL may seek
and obtain injunctive relief against the breach or threatened breach of the
foregoing undertakings, in addition to any other legal remedies that may be
available.
12. Construction. If any part of the Agreement is held invalid or
unenforceable, that portion shall be construed to reflect the parties' original
intent, and the remaining portions remain in full force and effect. The laws of
the Commonwealth of Virginia, excluding its conflicts-of-law rules, govern
this Agreement, and you expressly agree that jurisdiction for any claim or
dispute arising from the use of the Software resides in the federal and state
courts of the Commonwealth of Virginia.