license.txt

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NETSCAPE CLIENT PRODUCTS LICENSE AGREEMENTRedistribution Or Rental Not PermittedThese terms apply to Personal Security Manager.BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING ORUSING PERSONAL SECURITY MANAGER SOFTWARE (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT("LICENSEE") IS CONSENTING TO BE BOUND BY AND ISBECOMING A PARTY TO THIS AGREEMENT.  IF LICENSEE DOESNOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEBUTTON INDICATING NON-ACCEPTANCE MUST BESELECTED, AND LICENSEE MUST NOT INSTALL OR USETHE SOFTWARE.1. LICENSE AGREEMENT.  As used in this Agreement, forresidents of Europe, the Middle East or Africa,"Netscape" shall mean Netscape Communications IrelandLimited; for residents of Japan, "Netscape" shallmean Netscape Communications (Japan), Ltd.; forresidents of all other countries, "Netscape" shallmean Netscape Communications Corporation.  In thisAgreement "Licensor" shall mean Netscape except underthe following circumstances: (i) if Licensee acquiredthe Product as a bundled component of a third partyproduct or service, then such third party shall beLicensor; and (ii) if any third party software isincluded as part of the default installation and nolicense is presented for acceptance the first timethat third party software is invoked, then the use ofthat third party software shall be governed by thisAgreement, but the term "Licensor," with respect tosuch third party software, shall mean themanufacturer of that software and not Netscape.  Withthe exception of the situation described in (ii)above, the use of any included third party softwareproduct shall be governed by the third party'slicense agreement and not by this Agreement, whetherthat license agreement is presented for acceptancethe first time that the third party software isinvoked, is included in a file in electronic form, oris included in the package in printed form.  If morethan one license agreement was provided for theProduct, and the terms vary, the order of precedenceof those license agreements is as follows: a signedagreement, a license agreement available for reviewon the Netscape website, a printed or electronicagreement that states clearly that it supersedesother agreements, a printed agreement provided withthe Product, an electronic agreement provided withthe Product.2. LICENSE GRANT.  Licensor grants Licensee anon-exclusive and non-transferable license toreproduce and use for personal or internal businesspurposes the executable code version of the Product,provided any copy must contain all of the originalproprietary notices.  This license does not entitleLicensee to receive from Netscape hard-copydocumentation, technical support, telephoneassistance, or enhancements or updates to theProduct.  Licensee may not customize the Productunless Licensee has also licensed the NetscapeClient Customization Kit ("CCK"), and then only tothe extent permitted in the license agreement for CCK,as applicable.  Licensee may not redistribute theProduct unless Licensee has separately entered into adistribution agreement with Netscape such as theUnlimited Distribution Program Agreement.3. RESTRICTIONS.  Except as otherwise expresslypermitted in this Agreement, or in another Netscapeagreement to which Licensee is a party such as theCCK license agreement or a distribution agreement,Licensee may not: (i) modify or create any derivativeworks of the Product or documentation, including translationor localization; (ii) decompile, disassemble, reverse engineer,or otherwise attempt to derive the source code for theProduct (except to the extent applicable lawsspecifically prohibit such restriction or as provided by theNetscape Public License or Mozilla Public Licensefor portions of the product governed by those licenses);(iii) redistribute, encumber, sell, rent, lease,sublicense, or otherwise transfer rights to theProduct; (iv) remove or alter any trademark, logo,copyright or other proprietary notices, legends,symbols or labels in the Product; or (v) publish anyresults of benchmark tests run on the Product to athird party without Netscape's prior writtenconsent.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 forshipping and handling.  Licensee is responsible forany and all taxes.5. TERMINATION.  Without prejudice to any otherrights, Licensor may terminate this Agreement ifLicensee breaches any of its terms and conditions.Upon termination, Licensee shall destroy all copiesof the Product.6. PROPRIETARY RIGHTS.  Title, ownership rights, andintellectual property rights in the Product shallremain in Netscape and/or its suppliers.  Licenseeacknowledges such ownership and intellectual propertyrights and will not take any action to jeopardize,limit or interfere in any manner with Netscape's orits suppliers' ownership of or rights with respect tothe Product.  The Product is protected by copyrightand other intellectual property laws and byinternational treaties.  Title and related rights inthe content accessed through the Product is theproperty of the applicable content owner and isprotected by applicable law.  The license grantedunder this Agreement gives Licensee no rights to suchcontent.7. USE AND AVAILABILITY OF OPEN SOURCECODE. Portions of Personal Security Manager were created using sourcecode governed by the Netscape Public License (NPL) andthe Mozilla Public License (MPL).  The source code forthe portions of Personal Security Manager governed by the NPL and MPLis available from http://www.mozilla.org under those licenses.8. DISCLAIMER OF WARRANTY.  THE PRODUCT IS PROVIDEDFREE OF CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS,WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUTLIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS,MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE ORNON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITYAND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE.SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT,LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS ORRESELLERS OR ANY CONTRIBUTORS TO THE SOURCE CODEOF THE PORTIONS OF PERSONAL SECURITY MANAGER AVAILABLE FROMHTTP://WWW.MOZILLA.ORG ASSUMES THE ENTIRE COSTOF ANY SERVICE AND REPAIR.  IN ADDITION, THE SECURITYMECHANISMS IMPLEMENTED BY THE PRODUCT HAVEINHERENT LIMITATIONS, AND LICENSEE MUST DETERMINETHAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS.THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIALPART OF THIS AGREEMENT.  NO USE OF THE PRODUCT ISAUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.9. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, IN NO EVENT WILLLICENSOR OR ITS SUPPLIERS OR RESELLERS OR ANYCONTRIBUTORS TO THE SOURCE CODE OF THE PORTIONS OF PERSONAL SECURITY MANAGER AVAILABLE FROMHTTP://WWW.MOZILLA.ORG BE LIABLE FORANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIALDAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USETHE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGESFOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILUREOR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIALDAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITYTHEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLETHEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THECLAIM IS BASED.  IN ANY CASE, LICENSOR'S ENTIRELIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALLNOT EXCEED IN THE AGGREGATE THE SUM OF THE FEESLICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FORSUPPORT OF THE PRODUCT RECEIVED BY NETSCAPE UNDER ASEPARATE SUPPORT AGREEMENT (IF ANY), WITH THEEXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THENEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAWPROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO

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