license.txt
上传用户:lyxiangda
上传日期:2007-01-12
资源大小:3042k
文件大小:16k
- NETSCAPE CLIENT PRODUCTS LICENSE AGREEMENT
- Redistribution Or Rental Not Permitted
- These terms apply to Personal Security Manager.
- BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR
- USING PERSONAL SECURITY MANAGER SOFTWARE (THE "PRODUCT"),
- THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT
- ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS
- BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES
- NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE
- BUTTON INDICATING NON-ACCEPTANCE MUST BE
- SELECTED, AND LICENSEE MUST NOT INSTALL OR USE
- THE SOFTWARE.
- 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 default 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. Licensee may not customize the Product
- unless Licensee has also licensed the Netscape
- Client Customization Kit ("CCK"), and then only to
- the extent permitted in the license agreement for CCK,
- as applicable. Licensee may not redistribute the
- Product unless Licensee has separately entered into a
- distribution agreement with Netscape such as the
- Unlimited Distribution Program Agreement.
- 3. RESTRICTIONS. Except as otherwise expressly
- permitted in this Agreement, or in another Netscape
- agreement to which Licensee is a party such as the
- CCK license agreement or a distribution agreement,
- Licensee may not: (i) modify or create any derivative
- works of the Product or documentation, including 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 or as provided by the
- Netscape Public License or Mozilla Public License
- for portions of the product governed by those licenses);
- (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.
- 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
- intellectual property 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 is the
- property of the applicable content owner and is
- protected by applicable law. The license granted
- under this Agreement gives Licensee no rights to such
- content.
- 7. USE AND AVAILABILITY OF OPEN SOURCE
- CODE. Portions of Personal Security Manager were created using source
- code governed by the Netscape Public License (NPL) and
- the Mozilla Public License (MPL). The source code for
- the portions of Personal Security Manager governed by the NPL and MPL
- is available from http://www.mozilla.org under those licenses.
- 8. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED
- FREE OF CHARGE, AND, THEREFORE, 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 PRODUCT IS BORNE BY LICENSEE.
- SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT,
- LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR
- RESELLERS OR ANY CONTRIBUTORS TO THE SOURCE CODE
- OF THE PORTIONS OF PERSONAL SECURITY MANAGER AVAILABLE FROM
- HTTP://WWW.MOZILLA.ORG 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.
- 9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT
- PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
- LICENSOR OR ITS SUPPLIERS OR RESELLERS OR ANY
- CONTRIBUTORS TO THE SOURCE CODE OF THE PORTIONS OF
- PERSONAL SECURITY MANAGER AVAILABLE FROM
- HTTP://WWW.MOZILLA.ORG 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 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 ENTIRE
- 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 NETSCAPE UNDER A
- SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE
- EXCEPTION OF 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 OR CONSEQUENTIAL DAMAGES, SO
- THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
- 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.
- 10. ENCRYPTION. If Licensee wishes to use the
- cryptographic features of the Product, then Licensee
- may need to obtain and install a signed digital
- certificate from a certificate authority or a
- certificate server. Licensee may be charged
- additional fees for certification services. Licensee
- is responsible for maintaining the security of the
- environment in which the Product is used and the
- integrity of the private key file used with the
- Product. In addition, the use of digital
- certificates is subject to the terms specified by the
- certificate provider, and there are inherent
- limitations in the capabilities of digital
- certificates. If Licensee is sending or receiving
- digital certificates, Licensee is responsible for
- familiarizing itself with and evaluating such terms
- and limitations. If the Product is a version with
- FORTEZZA, Licensee will need to obtain PC Card
- Readers and FORTEZZA Crypto Cards from another vendor
- to enable the FORTEZZA features.
- 11. EXPORT CONTROL. Licensee agrees to comply with
- all export laws and restrictions and regulations of
- the United States or foreign agencies or authorities,
- and not to export or re-export the Product or any
- direct product thereof in violation of any such
- restrictions, laws or regulations, or without all
- necessary approvals. As applicable, each party shall
- obtain and bear all expenses relating to any
- necessary licenses and/or exemptions with respect to
- its own export of the Product from the U.S. Neither
- the Product nor the underlying information or
- technology may be downloaded or otherwise exported or
- re-exported (i) into Cuba, Iran, Iraq, Libya, North
- Korea, Sudan, Syria or any other country subject to
- U.S. trade sanctions covering 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 anyone on the U.S. Treasury Department's
- list of Specially Designated Nationals and Blocked
- Persons or the U.S. Commerce Department's Table of
- Denial Orders. By downloading or using the Product,
- Licensee agrees to the foregoing and represents and
- warrants that it complies with these conditions.
- 12. 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.
- 13. 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 State of California, U.S.A.,
- excluding its conflict of law provisions. (d) Unless
- otherwise agreed in writing, all disputes relating to
- this Agreement (excepting any dispute relating to
- intellectual property rights) shall be subject to
- final and binding arbitration in Santa Clara County,
- California, under the auspices of JAMS/EndDispute,
- with the losing party paying all costs of
- arbitration. (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 having
- 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 presentes
- confirment leur volonte que cette convention de meme
- que tous les documents y compris tout avis qui s'y
- rattache, soient rediges 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.
- Netscape Client Software EULA Rev. [022500]