BY CLICKING ON THE "ACCEPT" BUTTON OR DOWNLOADING ANY OF THE COMPONENTS
OF THE NETSCAPE ONE SDK,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 "DO NOT ACCEPT" BUTTON, AND, DO NOT
DOWNLOAD ANY COMPONENT OF THE NETSCAPE ONE SDK.
NETSCAPE ONE SDK END USER LICENSE AGREEMENT
(EXCEPT FOR REDISTRIBUTABLE ELEMENTS, REDISTRIBUTION NOT PERMITTED)
GRANT.
Subject to the provisions contained herein, Netscape Communications
Corporation ("Netscape") hereby grants to you a non-exclusive license
to use the components ("Components") that comprise the Netscape ONE SDK.
You may not redistribute any of the Components except for the Redistributable
Elements listed in Exhibit A, and your redistribution of the Redistributable
Elements is subject to the following restrictions:
(i) you may reproduce and redistribute the Redistributable Elements in object
code form only (if the applicable Redistributable Element is software),
and only when incorporated into your software product which adds substantial
and primary functionality to the Redistributable Elements, and
(ii) you may not permit further redistribution of the Redistributable
Elements by your end users.
USE OF COMPONENTS:
• Source Code: You may copy and use internally the source code
("Source Code") included in the Netscape ONE SDK. You may not
redistribute the Source Code unless
(i) the Source Code is listed as a Redistributable Element, and
(ii) you first compile the Source Code and distribute only the compiled code.
• Object Code and Graphics Files: You may copy and use internally
the object code ("Object Code") and graphics files ("Graphics Files")
included in the Netscape ONE SDK. You may not redistribute the Object
Code or the Graphics Files unless the applicable item is listed as a
Redistributable Element.
• Documentation: You may use internally the documentation
("Documentation") included in the Netscape ONE SDK, but your
right to copy the Documentation is limited by copyright law.
Making unauthorized copies, adaptations, or compilation works
is prohibited and constitutes a punishable violation of the law.
• Application Program Interfaces: You may use internally the
application programming interfaces ("APIs") included in the Netscape
ONE SDK to create and distribute programs to interface with Netscape
software products. You may not modify or redistribute the APIs.
• Header Files and Java Classes: You may copy and use internally
the header files ("Header Files") and Java classes ("Java Classes")
included in the Netscape ONE SDK solely to create and distribute
programs to interface with the APIs (with respect to the Header Files)
or Netscape products (with respect to the Java Classes). You may not
modify the Header Files or Java Classes.
Netscape may revise any of the Components from time to time without notice.
FEES. There is no license fee for the licenses granted herein.
ENCRYPTION. If any of the Components contains cryptographic features,
then you must obtain a signed digital certificate from a certificate
authority or a certificate server in order to utilize the cryptographic
features. You may be charged additional fees for certification services.
Following successful installation of a digital certificate, your use of
the cryptographic features will be enabled. You are responsible for
maintaining the security of the environment in which the Components
are used and the integrity of the private key file used with the
Components.
DISCLAIMER OF WARRANTY. Each of the Components is provided on an
"AS IS" basis, without warranty of any kind, including without
limitation the warranties of merchantability, fitness for a particular
purpose and non-infringement. The entire risk as to the quality and
performance of the Components is borne by you. Should the Components
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 Components
have inherent limitations, and you must determine that each of the
Components sufficiently meets your requirements. This disclaimer of
warranty constitutes an essential part of the agreement.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO
THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY BY JURISDICTION.
LIMITATIONS. You may not:
• permit other individuals to use the Components except under the
terms listed above;
• 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) based on the Components;
• copy any of the Components other than as specified above;
• rent, lease, grant a security interest in, or otherwise transfer
rights to any of the Components; or
• remove any proprietary notices or labels on or in any of the
Components.
TITLE. Title, ownership rights, and intellectual property rights in all
of the Components shall remain in Netscape and/or its suppliers.
The Components are protected by the copyright laws of the United
States and international copyright treaties. Title and related rights
in the content accessed through the Components is the property of the
applicable content owner and may be protected by applicable law. This
license gives you no rights to such content. This license does not
grant you any right to any enhancement or update to, or support or
telephone assistance with respect to, any of the Components.
TERMINATION. The license will terminate automatically if you fail to
comply with the limitations described herein. Upon termination of this
License you agree to destroy all copies of the Components.
EXPORT CONTROLS. You may not download or otherwise export or reexport
the Components or any underlying information or technology except in
full compliance with all United States and other applicable laws and
regulations. None of the Components 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
Components, 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.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NETSCAPE 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 NETSCAPE BE LIABLE
FOR ANY DAMAGES, EVEN IF NETSCAPE 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 TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES. The Components are not fault-tolerant and are
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
Components could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities"). Netscape
and its suppliers specifically disclaim any express or implied warranty
of fitness for High Risk Activities.
MISCELLANEOUS. This Agreement represents the complete agreement
concerning this license and may amended only by a writing executed
by both parties. This license is personal to you and you agree not
to assign your rights in herein, and any attempted assignment by you
shall be null and void. 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 (except for conflict of law provisions). The application
the United Nations Convention of Contracts for the International Sale of
Goods is expressly excluded.
U.S. GOVERNMENT END USERS. Each of the Components 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 Components with only those rights set forth herein.
EXHIBIT A
Redistributable Elements
None.
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