From 6af181aba54bfe5bf8ccd1f0ddb786566587f901 Mon Sep 17 00:00:00 2001 From: "cotter%netscape.com" Date: Wed, 2 Aug 2000 16:46:16 +0000 Subject: [PATCH] Added latest PSM license. --- security/psm/doc/license.txt | 343 +++++++++++++++++++++++++++++++++++ 1 file changed, 343 insertions(+) create mode 100644 security/psm/doc/license.txt diff --git a/security/psm/doc/license.txt b/security/psm/doc/license.txt new file mode 100644 index 000000000000..a91dee21e0f1 --- /dev/null +++ b/security/psm/doc/license.txt @@ -0,0 +1,343 @@ + +NETSCAPE CLIENT PRODUCTS LICENSE AGREEMENT +Redistribution Or Rental Not Permitted + +These terms apply to Personal Security Manager. + +BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR +USING PERSONAL SECURITY MANAGER SOFTWARE (THE "PRODUCT"), +THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT +("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS +BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES +NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE +BUTTON INDICATING NON-ACCEPTANCE MUST BE +SELECTED, AND LICENSEE MUST NOT INSTALL OR USE +THE SOFTWARE. + +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 default 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. Licensee may not customize the Product +unless Licensee has also licensed the Netscape +Client Customization Kit ("CCK"), and then only to +the extent permitted in the license agreement for CCK, +as applicable. Licensee may not redistribute the +Product unless Licensee has separately entered into a +distribution agreement with Netscape such as the +Unlimited Distribution Program Agreement. + +3. RESTRICTIONS. Except as otherwise expressly +permitted in this Agreement, or in another Netscape +agreement to which Licensee is a party such as the +CCK license agreement or a distribution agreement, +Licensee may not: (i) modify or create any derivative +works of the Product or documentation, including 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 is the +property of the applicable content owner and is +protected by applicable law. The license granted +under this Agreement gives Licensee no rights to such +content. + +7. USE AND AVAILABILITY OF OPEN SOURCE +CODE. Portions of Personal Security Manager 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 Personal Security Manager 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, INCLUDING WITHOUT +LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, +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 SUPPLIERS OR +RESELLERS OR ANY CONTRIBUTORS TO THE SOURCE CODE +OF THE PORTIONS OF PERSONAL SECURITY MANAGER AVAILABLE FROM +HTTP://WWW.MOZILLA.ORG 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 SUPPLIERS OR RESELLERS OR ANY +CONTRIBUTORS TO THE SOURCE CODE OF THE PORTIONS OF +PERSONAL SECURITY MANAGER AVAILABLE FROM +HTTP://WWW.MOZILLA.ORG 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 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 ENTIRE +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 NETSCAPE UNDER A +SEPARATE SUPPORT AGREEMENT (IF ANY), 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 OR CONSEQUENTIAL DAMAGES, SO +THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. +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. + +10. ENCRYPTION. If Licensee wishes to use the +cryptographic features of the Product, then Licensee +may need to obtain and install a signed digital +certificate from a certificate authority or a +certificate server. Licensee may be charged +additional fees for certification services. Licensee +is responsible for maintaining the security of the +environment in which the Product is used and the +integrity of the private key file used with the +Product. In addition, the use of digital +certificates is subject to the terms specified by the +certificate provider, and there are inherent +limitations in the capabilities of digital +certificates. If Licensee is sending or receiving +digital certificates, Licensee is responsible for +familiarizing itself with and evaluating such terms +and limitations. If the Product is a version with +FORTEZZA, Licensee will need to obtain PC Card +Readers and FORTEZZA Crypto Cards from another vendor +to enable the FORTEZZA features. + +11. EXPORT CONTROL. Licensee agrees to comply with +all export laws and restrictions and regulations of +the United States or foreign agencies or authorities, +and not to export or re-export the Product or any +direct product thereof in violation of any such +restrictions, laws or regulations, or without all +necessary approvals. As applicable, each party shall +obtain and bear all expenses relating to any +necessary licenses and/or exemptions with respect to +its own export of the Product from the U.S. Neither +the Product nor the underlying information or +technology may be downloaded or otherwise exported or +re-exported (i) into Cuba, Iran, Iraq, Libya, North +Korea, Sudan, Syria or any other country subject to +U.S. trade sanctions covering 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 anyone on the U.S. Treasury Department's +list of Specially Designated Nationals and Blocked +Persons or the U.S. Commerce Department's Table of +Denial Orders. 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 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. + +13. 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 State of California, U.S.A., +excluding its conflict of law provisions. (d) Unless +otherwise agreed in writing, all disputes relating to +this Agreement (excepting any dispute relating to +intellectual property rights) shall be subject to +final and binding arbitration in Santa Clara County, +California, under the auspices of JAMS/EndDispute, +with the losing party paying all costs of +arbitration. (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 having +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 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 Client Software EULA Rev. [022500] +