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+

+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