Netscape Communications Corporation BETA License Agreement




BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF THIS

DOCUMENT,


CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.  BY

CLICKING


ON THE "ACCEPT" BUTTON, 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


USE THE SOFTWARE.




1. Netscape Communications Corporation ("Netscape") grants to

you a


non-exclusive, non-sublicensable, license to use this Beta

version of


the Netscape network navigator (the "Software"), in binary

executable


form for evaluation and trial use purposes only.  THIS SOFTWARE


CONTAINS CODE THAT DISABLES MOST OF ITS FEATURES AFTER DECEMBER

15,


1995.




2. NETSCAPE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF

THIS


SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY

THE


SOFTWARE, FOR ANY PURPOSE.  THE SOFTWARE IS PROVIDED 'AS IS'

WITHOUT


EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF

MERCHANTABILITY


AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  THIS

SOFTWARE


IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, NETSCAPE SHALL NOT BE

LIABLE


UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF

THE


SOFTWARE.  NETSCAPE WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT

ISSUE


UPDATES TO THIS SOFTWARE.




3. All content accessed through the Software is the property of

the


applicable content owner and may be protected by applicable

copyright


law.  This License gives you no rights to such content.




4. While Netscape intends to distribute a commercial release of

the


Software, Netscape reserves the right at any time not to release

a


commercial release of the Software or, if released, to alter

prices,


features, specifications, capabilities, functions, licensing

terms,


release dates, general availability or other characteristics of

the


commercial release.




5. Title, ownership rights, and intellectual property rights in

and to


the Software shall remain in Netscape and/or its suppliers.  You

agree


to abide by the copyright law and all other applicable laws of

the


United States including, but not limited to, export control laws.

  You


acknowledge that the Software in source code form remains a


confidential trade secret of Netscape and/or its suppliers and


therefore you agree not to modify the Software or attempt to

decipher,


decompile, disassemble or reverse engineer the Software, except

to the


extent applicable laws specifically prohibit such restriction.




6. Netscape may terminate this License at any time by delivering

notice


to you and you may terminate this License at any time by

destroying or


erasing your copy of the Software.  Upon termination of this

License,


or in any event within thirty (30) days following Netscape's

release of


a commercial version of the Software, you agree to destroy or

erase the


Software.  In the event of termination, the following sections

of this


License will survive: 2, 3, 4, 5, 6, 7 and 8.  This License is

personal


to you and you agree not to assign your rights herein.  This

License


shall be governed by and construed in accordance with the laws

of the


State of California and, as to matters affecting copyrights,

trademarks


and patents, by U.S.  federal law.  This License sets forth the

entire


agreement between you and Netscape.




7. Use, duplication or disclosure by the Government is subject to


restrictions set forth in subparagraphs (a) through (d) of the


Commercial Computer-Restricted Rights clause at FAR 52.227-19

when


applicable, or in subparagraph (c) (1) (ii) of the Rights in

Technical


Data and Computer Software clause at DFARS 252.227-7013, and in

similar


clauses in the NASA AR Supplement.  Contractor/ manufacturer is


Netscape Communications Corporation, 501 E Middlefield Road,

Mountain


View, CA 94043.




8. You may not download or otherwise export or reexport the

Software or


any underlying information or technology except in full

compliance with


all United States and other applicable laws and regulations.  In


particular, but without limitation, 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,

Haiti,


Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to

anyone


on the US Treasury Department's list of Specially Designated

Nationals


or the US Commerce Department's Table of Deny Orders.  By

downloading


the Software, you are agreeing to the foregoing and you are


representing and warranting that you are not located in, under

control


of, or a national or resident of any such country or on any such

list.




9. NETSCAPE OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a)

INCIDENTAL,


CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER

ARISING IN


TORT, CONTRACT OR OTHERWISE, EVEN IF NETSCAPE HAS BEEN INFORMED

OF THE


POSSIBILITY OF SUCH DAMAGES, OR (b) 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

INCIDENTAL OR


CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT

APPLY TO


YOU.




Netscape Communications, the Netscape Communications logo,

Netscape,


Netsite and Mozilla are trademarks of Netscape Communications


Corporation.




Copyright (c) 1995 Netscape Communications Corporation.  All

rights reserved.




 


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