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344 строки
16 KiB
Plaintext
344 строки
16 KiB
Plaintext
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NETSCAPE CLIENT PRODUCTS LICENSE AGREEMENT
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Redistribution Or Rental Not Permitted
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These terms apply to Personal Security Manager.
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BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR
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USING PERSONAL SECURITY MANAGER SOFTWARE (THE "PRODUCT"),
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THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT
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("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS
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BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES
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NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE
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BUTTON INDICATING NON-ACCEPTANCE MUST BE
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SELECTED, AND LICENSEE MUST NOT INSTALL OR USE
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THE SOFTWARE.
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1. LICENSE AGREEMENT. As used in this Agreement, for
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residents of Europe, the Middle East or Africa,
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"Netscape" shall mean Netscape Communications Ireland
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Limited; for residents of Japan, "Netscape" shall
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mean Netscape Communications (Japan), Ltd.; for
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residents of all other countries, "Netscape" shall
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mean Netscape Communications Corporation. In this
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Agreement "Licensor" shall mean Netscape except under
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the following circumstances: (i) if Licensee acquired
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the Product as a bundled component of a third party
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product or service, then such third party shall be
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Licensor; and (ii) if any third party software is
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included as part of the default installation and no
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license is presented for acceptance the first time
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that third party software is invoked, then the use of
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that third party software shall be governed by this
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Agreement, but the term "Licensor," with respect to
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such third party software, shall mean the
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manufacturer of that software and not Netscape. With
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the exception of the situation described in (ii)
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above, the use of any included third party software
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product shall be governed by the third party's
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license agreement and not by this Agreement, whether
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that license agreement is presented for acceptance
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the first time that the third party software is
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invoked, is included in a file in electronic form, or
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is included in the package in printed form. If more
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than one license agreement was provided for the
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Product, and the terms vary, the order of precedence
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of those license agreements is as follows: a signed
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agreement, a license agreement available for review
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on the Netscape website, a printed or electronic
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agreement that states clearly that it supersedes
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other agreements, a printed agreement provided with
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the Product, an electronic agreement provided with
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the Product.
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2. LICENSE GRANT. Licensor grants Licensee a
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non-exclusive and non-transferable license to
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reproduce and use for personal or internal business
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purposes the executable code version of the Product,
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provided any copy must contain all of the original
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proprietary notices. This license does not entitle
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Licensee to receive from Netscape hard-copy
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documentation, technical support, telephone
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assistance, or enhancements or updates to the
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Product. Licensee may not customize the Product
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unless Licensee has also licensed the Netscape
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Client Customization Kit ("CCK"), and then only to
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the extent permitted in the license agreement for CCK,
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as applicable. Licensee may not redistribute the
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Product unless Licensee has separately entered into a
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distribution agreement with Netscape such as the
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Unlimited Distribution Program Agreement.
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3. RESTRICTIONS. Except as otherwise expressly
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permitted in this Agreement, or in another Netscape
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agreement to which Licensee is a party such as the
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CCK license agreement or a distribution agreement,
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Licensee may not: (i) modify or create any derivative
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works of the Product or documentation, including translation
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or localization; (ii) decompile, disassemble, reverse engineer,
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or otherwise attempt to derive the source code for the
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Product (except to the extent applicable laws
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specifically prohibit such restriction or as provided by the
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Netscape Public License or Mozilla Public License
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for portions of the product governed by those licenses);
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(iii) redistribute, encumber, sell, rent, lease,
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sublicense, or otherwise transfer rights to the
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Product; (iv) remove or alter any trademark, logo,
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copyright or other proprietary notices, legends,
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symbols or labels in the Product; or (v) publish any
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results of benchmark tests run on the Product to a
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third party without Netscape's prior written
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consent.
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4. FEES. There is no license fee for the Product.
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If Licensee wishes to receive the Product on media,
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there may be a small charge for the media and for
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shipping and handling. Licensee is responsible for
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any and all taxes.
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5. TERMINATION. Without prejudice to any other
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rights, Licensor may terminate this Agreement if
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Licensee breaches any of its terms and conditions.
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Upon termination, Licensee shall destroy all copies
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of the Product.
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6. PROPRIETARY RIGHTS. Title, ownership rights, and
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intellectual property rights in the Product shall
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remain in Netscape and/or its suppliers. Licensee
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acknowledges such ownership and intellectual property
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rights and will not take any action to jeopardize,
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limit or interfere in any manner with Netscape's or
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its suppliers' ownership of or rights with respect to
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the Product. The Product is protected by copyright
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and other intellectual property laws and by
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international treaties. Title and related rights in
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the content accessed through the Product is the
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property of the applicable content owner and is
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protected by applicable law. The license granted
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under this Agreement gives Licensee no rights to such
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content.
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7. USE AND AVAILABILITY OF OPEN SOURCE
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CODE. Portions of Personal Security Manager were created using source
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code governed by the Netscape Public License (NPL) and
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the Mozilla Public License (MPL). The source code for
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the portions of Personal Security Manager governed by the NPL and MPL
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is available from http://www.mozilla.org under those licenses.
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8. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED
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FREE OF CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS,
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WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT
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LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
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NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
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AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE.
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SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT,
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LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR
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RESELLERS OR ANY CONTRIBUTORS TO THE SOURCE CODE
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OF THE PORTIONS OF PERSONAL SECURITY MANAGER AVAILABLE FROM
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HTTP://WWW.MOZILLA.ORG ASSUMES THE ENTIRE COST
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OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY
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MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE
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INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE
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THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS.
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THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
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PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS
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AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
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LICENSOR OR ITS SUPPLIERS OR RESELLERS OR ANY
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CONTRIBUTORS TO THE SOURCE CODE OF THE PORTIONS OF
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PERSONAL SECURITY MANAGER AVAILABLE FROM
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HTTP://WWW.MOZILLA.ORG BE LIABLE FOR
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ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
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DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
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THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES
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FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
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OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
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DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY
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THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE
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THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE
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CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE
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LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL
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NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES
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LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR
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SUPPORT OF THE PRODUCT RECEIVED BY NETSCAPE UNDER A
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SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE
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EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE
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NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW
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PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
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THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
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NETSCAPE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING
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OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY
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THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY
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MATERIAL LINKED THROUGH SUCH CONTENT.
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10. ENCRYPTION. If Licensee wishes to use the
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cryptographic features of the Product, then Licensee
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may need to obtain and install a signed digital
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certificate from a certificate authority or a
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certificate server. Licensee may be charged
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additional fees for certification services. Licensee
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is responsible for maintaining the security of the
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environment in which the Product is used and the
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integrity of the private key file used with the
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Product. In addition, the use of digital
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certificates is subject to the terms specified by the
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certificate provider, and there are inherent
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limitations in the capabilities of digital
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certificates. If Licensee is sending or receiving
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digital certificates, Licensee is responsible for
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familiarizing itself with and evaluating such terms
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and limitations. If the Product is a version with
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FORTEZZA, Licensee will need to obtain PC Card
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Readers and FORTEZZA Crypto Cards from another vendor
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to enable the FORTEZZA features.
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11. EXPORT CONTROL. Licensee agrees to comply with
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all export laws and restrictions and regulations of
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the United States or foreign agencies or authorities,
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and not to export or re-export the Product or any
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direct product thereof in violation of any such
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restrictions, laws or regulations, or without all
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necessary approvals. As applicable, each party shall
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obtain and bear all expenses relating to any
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necessary licenses and/or exemptions with respect to
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its own export of the Product from the U.S. Neither
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the Product nor the underlying information or
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technology may be downloaded or otherwise exported or
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re-exported (i) into Cuba, Iran, Iraq, Libya, North
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Korea, Sudan, Syria or any other country subject to
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U.S. trade sanctions covering the Product, to
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individuals or entities controlled by such countries,
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or to nationals or residents of such countries other
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than nationals who are lawfully admitted permanent
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residents of countries not subject to such sanctions;
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or (ii) to anyone on the U.S. Treasury Department's
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list of Specially Designated Nationals and Blocked
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Persons or the U.S. Commerce Department's Table of
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Denial Orders. By downloading or using the Product,
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Licensee agrees to the foregoing and represents and
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warrants that it complies with these conditions.
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12. HIGH RISK ACTIVITIES. The Product is not
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fault-tolerant and is not designed, manufactured or
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intended for use or resale as on-line control
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equipment in hazardous environments requiring
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fail-safe performance, such as in the operation of
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nuclear facilities, aircraft navigation or
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communication systems, air traffic control, direct
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life support machines, or weapons systems, in which
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the failure of the Product could lead directly to
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death, personal injury, or severe physical or
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environmental damage ("High Risk Activities").
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Accordingly, Licensor and its suppliers specifically
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disclaim any express or implied warranty of fitness
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for High Risk Activities. Licensee agrees that
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Licensor and its suppliers will not be liable for any
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claims or damages arising from the use of the Product
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in such applications.
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13. U.S. GOVERNMENT END USERS. The Product is a
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"commercial item," as that term is defined in 48
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C.F.R. 2.101 (Oct. 1995), consisting of "commercial
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computer software" and "commercial computer software
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documentation," as such terms are used in 48 C.F.R.
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12.212 (Sept. 1995). Consistent with 48 C.F.R.
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12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
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(June 1995), all U.S. Government End Users acquire
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the Product with only those rights set forth herein.
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13. MISCELLANEOUS. (a) This Agreement constitutes
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the entire agreement between the parties concerning
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the subject matter hereof. (b) This Agreement may be
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amended only by a writing signed by both parties.
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(c) Except to the extent applicable law, if any,
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provides otherwise, this Agreement shall be governed
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by the laws of the State of California, U.S.A.,
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excluding its conflict of law provisions. (d) Unless
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otherwise agreed in writing, all disputes relating to
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this Agreement (excepting any dispute relating to
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intellectual property rights) shall be subject to
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final and binding arbitration in Santa Clara County,
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California, under the auspices of JAMS/EndDispute,
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with the losing party paying all costs of
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arbitration. (e) This Agreement shall not be
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governed by the United Nations Convention on
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Contracts for the International Sale of Goods. (f)
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If any provision in this Agreement should be held
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illegal or unenforceable by a court having
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jurisdiction, such provision shall be modified to the
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extent necessary to render it enforceable without
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losing its intent, or severed from this Agreement if
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no such modification is possible, and other
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provisions of this Agreement shall remain in full
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force and effect. (g) The controlling language of
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this Agreement is English. If Licensee has received
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a translation into another language, it has been
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provided for Licensee's convenience only. (h) A
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waiver by either party of any term or condition of
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this Agreement or any breach thereof, in any one
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instance, shall not waive such term or condition or
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any subsequent breach thereof. (i) The provisions of
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this Agreement which require or contemplate
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performance after the expiration or termination of
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this Agreement shall be enforceable notwithstanding
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said expiration or termination. (j) Licensee may not
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assign or otherwise transfer by operation of law or
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otherwise this Agreement or any rights or obligations
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herein except in the case of a merger or the sale of
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all or substantially all of Licensee's assets to
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another entity. (k) This Agreement shall be binding
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upon and shall inure to the benefit of the parties,
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their successors and permitted assigns. (l) Neither
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party shall be in default or be liable for any delay,
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failure in performance (excepting the obligation to
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pay) or interruption of service resulting directly or
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indirectly from any cause beyond its reasonable
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control. (m) The relationship between Licensor and
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Licensee is that of independent contractors and
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neither Licensee nor its agents shall have any
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authority to bind Licensor in any way. (n) If any
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dispute arises under this Agreement, the prevailing
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party shall be reimbursed by the other party for any
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and all legal fees and costs associated therewith.
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(o) If any Netscape professional services are being
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provided, then such professional services are
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provided pursuant to the terms of a separate
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Professional Services Agreement between Netscape and
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Licensee. The parties acknowledge that such services
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are acquired independently of the Product licensed
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hereunder, and that provision of such services is not
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essential to the functionality of such Product. (p)
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The headings to the sections of this Agreement are
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used for convenience only and shall have no
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substantive meaning. (q) Licensor may use Licensee's
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name in any customer reference list or in any press
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release issued by Licensor regarding the licensing of
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the Product and/or provide Licensee's name and the
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names of the Product licensed by Licensee to third
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parties.
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14. LICENSEE OUTSIDE THE U.S. If Licensee is located
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outside the U.S., then the provisions of this Section
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shall apply. (i) Les parties aux presentes
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confirment leur volonte que cette convention de meme
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que tous les documents y compris tout avis qui s'y
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rattache, soient rediges en langue anglaise.
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(translation: "The parties confirm that this
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Agreement and all related documentation is and will
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be in the English language.") (ii) Licensee is
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responsible for complying with any local laws in its
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jurisdiction which might impact its right to import,
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export or use the Product, and Licensee represents
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that it has complied with any regulations or
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registration procedures required by applicable law to
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make this license enforceable.
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Netscape Client Software EULA Rev. [022500]
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