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 those Components listed as Redistributable Elements in the “redist.txt” file included in the Netscape ONE
SDK. Your redistribution of the Redistributable Elements is subject to the following restrictions and any supplemental restrictions in the
“redist.txt” file for that Component: (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 then distribute software programs. 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.
Copyright (c)1996 Netscape Communications Corporation