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author | Seemant Kulleen <seemant@gentoo.org> | 2002-07-17 01:33:35 +0000 |
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committer | Seemant Kulleen <seemant@gentoo.org> | 2002-07-17 01:33:35 +0000 |
commit | a7ffbabbcc11953bf965b220226fe7f490c9e72f (patch) | |
tree | a31f3ca8f683289c83a6545fe14b806296fb4d3d /licenses/NETSCAPE | |
parent | added Opera license (diff) | |
download | gentoo-2-a7ffbabbcc11953bf965b220226fe7f490c9e72f.tar.gz gentoo-2-a7ffbabbcc11953bf965b220226fe7f490c9e72f.tar.bz2 gentoo-2-a7ffbabbcc11953bf965b220226fe7f490c9e72f.zip |
added netscape license
Diffstat (limited to 'licenses/NETSCAPE')
-rw-r--r-- | licenses/NETSCAPE | 286 |
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diff --git a/licenses/NETSCAPE b/licenses/NETSCAPE new file mode 100644 index 000000000000..4ad45506239f --- /dev/null +++ b/licenses/NETSCAPE @@ -0,0 +1,286 @@ +
+NETSCAPE CLIENT PRODUCTS END-USER LICENSE AGREEMENT
+Redistribution Or Rental Not Permitted
+These terms apply to Netscape Communicator and Netscape Navigator
+
+BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE
+NETSCAPE COMMUNICATOR OR NETSCAPE NAVIGATOR SOFTWARE (THE
+"PRODUCT"), YOU ARE CONSENTING TO BE BOUND BY AND BECOME A
+PARTY TO THIS AGREEMENT AS THE "LICENSEE."
+
+IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
+YOU MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE, 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 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 ("CCK License Agreement"), the Netscape
+Mission Control Desktop License Agreement ("MCD 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); (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.
+Licensee may only modify or customize the Product to the extent
+permitted in the CCK or MCD License Agreement, as applicable.
+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
+intellectualproperty 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. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED FREE OF
+CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY
+OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
+THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE
+TO OPERATE ON AN UNINTERRUPTED BASIS, 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 AFFILIATES OR THEIR
+RESPECTIVE SUPPLIERS OR RESELLERS 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 RESPECTIVE SUPPLIERS
+ OR RESELLERS 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.
+8. 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 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 LOST PROFITS, 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 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 NETSCAPE'S SOLE DISCRETION (THE REPLACEMENT PRODUCT MAY
+NOT PERFORM ALL OF THE FEATURES AND FUNCTIONS OF THE ORIGINAL
+PRODUCT), WITH THE EXCEPTION OF LIABILITY RESULTING FROM
+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.
+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.
+9. 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 Netscape 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, 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.
+10. 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, the Taliban-controlled areas of Afghanistan, 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 the U.S. Department of Commerce,
+Bureau of Export Administration Denied Persons List or Entity
+List. By downloading or using the Product, Licensee agrees
+to the foregoing and represents and warrants that it complies
+with these conditions.
+11. 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.
+12. 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 Commonwealth of Virginia, U.S.A.,
+excluding its conflict of law provisions. (d) Unless otherwise
+agreed in writing, all disputes relating to this Agreement are
+subject to the exclusive jurisdiction of the courts of
+Virginia and you expressly consent to the exercise of
+personal jurisdiction in the courts of Virginia in connection
+with any such dispute including any claim involving Netscape or
+its affiliates, subsidiaries, employees, contractors, officers
+and directors. (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 of competent
+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 présentés confirment leur volonté
+que cette convention de même que tous les documents y compris
+tout avis qui s'y rattaché, soient redigés 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.
+
+Client Products EULA Rev. 05-02-01
|