pjs/js/jsdj/ifcui/run/license.html

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