SillyDog701

[Antony]

Please note following legal issues...

To customise Netscape browser, you need to agree
NETSCAPE 7 CLIENT CUSTOMIZATION KIT LICENSE AGREEMENT

To distribute Netscape or your customised Netscape, you need to agree
Browser Distribution Program License Agreement

Please note that in

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 (the "CCK
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 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.

And in

3. RESTRICTIONS. Except as otherwise expressly permitted in this
Agreement or another Netscape agreement to which Licensee is a party,
Licensee may not: (a) configure preferences other than those available for
configuration through the CCK or as described in the CCK Documentation,
provided however, that Licensee: (i) may not remove from the Bookmarks
pulldown menu the "Search and Directory" folder and the "Inside Netscape"
folder, and may not remove or modify the contents of those folders; (ii) may
not change the Sidebar tab that is open by default when the Product as
provided by Licensor is executed (the "Default Open" Sidebar tab, currently,
the "News" tab); (iii) may not remove the "Search" Sidebar tab, and "Today's
Tips" Sidebar tab from Sidebar tabs shown by default when the Product as
provided by Licensor is executed; (iv) may not remove any of the Sidebar
tabs from (but may add additional Sidebar tabs to) the default list of Sidebar
tabs available to an end-user in the pulldown list of Sidebar tabs accessible
from the "tabs" icon located in the upper right corner of the My Sidebar
frame; (v) may not change the default "Search" service to which the Location
Bar Search button and other search services are linked; and (vi) may not
change the page that is open by default upon execution of the Mail client;
(b) use the CCK to perform any functions other than customization of the
Product; (c) modify the Product Documentation other than as specified in the
CCK Documentation; (d) modify or create any derivative works of the CCK
or CCK Documentation, including translation or localization; (e) decompile,
disassemble, reverse engineer, or otherwise attempt to derive the source code
for the Software (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 Software governed by those licenses);
(f) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer
rights to the Software or Documentation (except to the extent that and
pursuant to the terms under which Licensee has also entered into the Browser
Distribution Program License Agreement or some other Netscape distribution
agreement); or (g) remove or alter any trademark, logo, copyright or other
proprietary notices, legends, symbols or labels in the Software or
Documentation except as specified or described in the CCK Documentation.

UserAgent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.0.2) Gecko/20021120 Netscape/7.01 (CK-SillyDog)

[Wellander]

Hi,
Yes sir.
I will follow all of the regualtions of it.

UserAgent: Mozilla/5.0 (Windows; U; Windows NT 5.0; en-US; rv:1.0.2) Gecko/20030208 Netscape/7.02 (CK-SillyDog)

[Joji]

Hi, Antony.

Are there any restrictions around themes? I have an idea that requires to modify Modern and/or Classic theme. (Not a throbber change, of course.)

UserAgent: Mozilla/5.0 (Windows; U; Win 9x 4.90; ja-JP; rv:1.0.2) Gecko/20030208 Netscape/7.02 (CK-SillyDog)

[Antony]

The CCK license itself does not restrict theme modification. However, we shall check the license included in the theme to make sure we can modify it.

UserAgent: Mozilla/5.0 (Windows; U; Windows NT 5.1; ja-JP; rv:1.0.2) Gecko/20030208 Netscape/7.02 (CK-SillyDog)

[Antony]

Below is the Netscape 7.1 EULA, and I've highlighted some import issues..

NETSCAPE 7.1 END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted

BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR USING THE NETSCAPE 7.1 SOFTWARE, 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 NOT CLICK THE "ACCEPT" BUTTON, YOU MUST NOT INSTALL OR USE THE NETSCAPE 7.1 SOFTWARE OR ANY ACCOMPANYING SOFTWARE INCLUDED WITH THIS PRODUCT INSTALLATION, AND YOU DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT.

1. INTRODUCTION. 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. The use of the Real Player software included with the Radio@Netscape Plus software is governed by the Realnetworks, Inc. End User License Agreement provided immediately below this Agreement. In this Agreement, "Product" shall mean the Netscape 7.1 software and the AOL Instant Messenger("AIM") software and Radio@Netscape Plus software, if such software has been included in this installation. 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 agreement provided with the Product, an electronic agreement provided with the Product.

2. LICENSE GRANT. Licensor and its licensors grant Licensee a non-exclusive and non-transferable license to install 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. With respect to the AIM software, Licensee may use that software to access the AOL Instant Messenger Service (the "AIM Service"), provided it has obtained from AOL a valid AIM screen name. Licensee may use only the AIM software and a screen name issued to it by AOL to access the AIM Service. With respect to the Radio@Netscape Plus software, Licensee may use a single copy to access the Radio@Netscape Plus Service. An additional copy may be made for archival purposes. This license does not entitle Licensee to receive from Licensor or its licensors or other suppliers 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 (the "CCK 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), or in any way ascertain, decipher, or obtain the communications protocol for accessing the AIM Service or the Radio@Netscape Plus Service, or the underlying ideas or algorithms of the Product; (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; (v) create or use any software other than the Radio@Netscape Plus software to access the Radio@Netscape Plus Service; (vi) create or use any software other than the AIM software to enter its screen name and password or to access the AIM Service; (vii) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Product or the Services; (viii) incorporate, integrate or otherwise include the AIM software or any portion thereof (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with the AIM Service or any other instant messaging, Internet, or online service; (ix) use the Product in any way that violates any Terms of Service or Privacy Policy that apply to Licensee; (x) use the AIM software or Service if Licensee is under eighteen years old; or (xi) authorize or assist any third party to do any of the things described in this paragraph. Additionally, access to the Radio@Netscape Plus Service does not grant Licensee the right to reproduce, copy, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings ("Content") transmitted through the Service, including without limitation, transferring or downloading any Content to a computer hard drive, or otherwise copying any Content onto any other storage medium. In addition, access to the Radio@Netscape Plus Service does not grant Licensee the right to perform publicly, by any means, method, or process whatsoever, now known or hereafter developed, any of the Content transmitted by the Service, including without limitation, any transmission, retransmission, or further transmission of any Content transmitted through the Service.

4. TERMS OF SERVICE AND PRIVACY POLICY. To the extent that Licensee has installed or hereafter installs the AIM software, the following applies:

The AIM Service participates in the Netscape Network. If Licensee becomes a member of the Netscape Network, then the Netscape Network Member Agreement and Privacy Policy (the "Netscape Network Policies") additionally govern Licensee's use of the AIM Service. These policies can be viewed at http://about.netscape.com/Networkprivacy/index.html and http://about.netscape.com/Networkterms/index.html. If Licensee is not a member of the Netscape Network, then the Terms of Use and privacy policy on AOL.com (the "AOL Policies") additionally govern its use of the AIM Service. These policies can be viewed at http://www.aol.com/copyright.html and http://www.aol.com/info/privacy.html. Both AOL and the Netscape Network reserve the right to terminate this license to the AIM software and Licensee's access to the AIM Service without notice, if, in either AOL or the Netscape Network's sole discretion, there has been a violation of the AOL Policies or the Netscape Network Policies, whichever are applicable to Licensee.

To the extent that Licensee has installed or hereafter installs the Radio@Netscape Plus software, the following applies:

Licensee's use of the Radio@Netscape Plus Service is additionally governed by the Netscape.com Terms of Service and Privacy Policy, located at http://wp.netscape.com/terms and http://wp.netscape.com/privacy, respectively, and the Radio@Netscape Plus privacy policy, located at http://help.netscape.com/radio/privacy, which supplements these policies. Each time Licensee uses the Radio@Netscape Plus Service, it reaffirms its acceptance of the then-current terms and policies. Netscape reserves the right, at its discretion, to update or revise the terms of use and privacy policies for Radio@Netscape Plus. By using the Radio@Netscape Plus Service, Licensee consents to electronic notice of any changes to such terms and policies.

5. ADDITIONAL SERVICES. Features or additional services may be made available on the AIM and/or Radio@Netscape Plus Services for a fee. Licensee agrees to be bound by any additional terms and conditions governing the use of such features or services should it choose to utilize them.

6. LICENSEE REPRESENTATIONS. Licensee represents and warrants that it has the adequate legal capacity to enter into this Agreement, that it will use the Product only for lawful purposes and in accordance with this Agreement, and that it will not use the Product to violate any law, regulation or ordinance or any right of Netscape or its licensors or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark. Licensee agrees to indemnify Netscape, its licensors, officers, agents, employees and directors for any damages incurred as a result of a violation of this paragraph.

7. 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.

8. TERMINATION. Should Licensee breach this Agreement, its right to use the Product and the AIM and Radio@Netscape Plus Services shall terminate immediately and without notice. Netscape may also terminate Licensee's right to use the AIM software by blocking it or by notifying Licensee that its license has been terminated. In the event of any termination of this Agreement or Licensee's rights hereunder, all provisions of this Agreement except the License Grant (Paragraph 1) shall survive such termination and Licensee agrees to continue to be bound by those terms. Upon termination, Licensee shall destroy all copies of the Product.

9. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product and the AOL namespace database, including but not limited to AOL components and algorithms and access to the AOL service server complex, shall remain in Netscape and/or its licensors and other 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 licensors' or other 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. AOL and the Netscape Network, if applicable, own all customer data collected through the AIM and Radio@Netscape Plus Services registration processes. All trademarks used in connection with the Product are owned by Netscape, its parent or affiliates, or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. You agree that Netscape may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Product.

10. USE AND AVAILABILITY OF OPEN SOURCE CODE. Portions of the Product 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 the Product governed by the NPL and MPL is available from http://www.mozilla.org under those licenses.

11. INJUNCTIVE RELIEF. Licensee acknowledges and agrees that, notwithstanding any other provisions of this Agreement, its breach or threatened breach of this Agreement shall cause AOL irreparable damage for which recovery of money damages would be inadequate and that AOL therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

12. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. NETSCAPE, ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE PRODUCT WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE PRODUCT IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, NETSCAPE, ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NETSCAPE OR A NETSCAPE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. NETSCAPE AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO LICENSEE'S USE OF THE PRODUCT. LICENSEE BEARS THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE AND ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "NETSCAPE GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, 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, THE NETSCAPE GROUP'S 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 LICENSOR'S SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, 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, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. THE NETSCAPE GROUP 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.

14. DIGITAL CERTIFICATES. The Product supports certain cryptographic and authentication features, including but not limited to Secure Sockets Layer and S/MIME 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 Licensor 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, 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.

15. EXPORT CONTROLS. Licensee agrees to comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority, 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 approvals. For example, Licensee may not export or re-export any commodities, software, or technical data received from Netscape, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Product from the U.S.

16. HIGH RISK ACTIVITIES. The Product is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ("High Risk Activities"). ACCORDINGLY, NETSCAPE AND ITS LICENSORS AND OTHER SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. LICENSEE AGREES THAT THE NETSCAPE GROUP WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE PRODUCT IN SUCH APPLICATIONS.

17. BROWSER DOWNLOAD FEEDBACK. When downloaded and installed onto your computer, the Product may automatically send information relating to the download and install process to Netscape. Netscape may use the information for such purposes as improving the reliability of the download and install process and improving its services to users. The information may include, for example, the configuration of the Product downloaded and installed, conflicts or errors encountered during the download and install process, conflicts created during the download and install process based on the hardware configuration encountered, and/or success of the download and install process. No user identifiable data is included in the information sent to Netscape.

18. U.S. GOVERNMENT END-USERS. The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End-Users acquire the Product with only those rights set forth herein.

19. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of AOL. (b) 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. (c) Licensee expressly agrees that jurisdiction for any claim or dispute arising from the use of the Product resides in the federal and state courts of the Commonwealth of Virginia and consents to the personal jurisdiction thereof. (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or AOL may at its option instead terminate this Agreement. (f) 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. (g) 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. (h) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. AOL may assign this Agreement to any entity at its sole discretion. (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (j) 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.


Netscape 7.1 EULA
rev. 05/30/03

UserAgent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.0.2) Gecko/20030208 Netscape/7.02 (CK-SillyDog)

[Antony]

Below is the browser distribution program license agreement, taken from
http://wp.netscape.com/bisdev/distribut ... ement.html

NETSCAPE BROWSER DISTRIBUTION PROGRAM LICENSE AGREEMENT

TO BECOME A LICENSEE UNDER NETSCAPE'S FREE BROWSER DISTRIBUTION PROGRAM LICENSE AGREEMENT, YOU MUST FIRST REGISTER WITH NETSCAPE AT http://dms-www1.netscape.com/udb/registration.html. AFTER COMPLETING REGISTRATION, YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT BY CLICKING THE "I AGREE" BUTTON ON THE BOTTOM OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MUST CLICK "I DO NOT AGREE" ON THE BOTTOM OF THIS LICENSE AGREEMENT, YOU MAY NOT DISTRIBUTE THE NETSCAPE CLIENT SOFTWARE, AND YOU DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT.

1. LICENSE AGREEMENT. This Browser Distribution Program License Agreement (the "Agreement") sets forth the terms and conditions for distribution of the Netscape client software, including Netscape Navigator, Netscape Communicator, Netscape 7, and upgrades and updates thereof, that Netscape makes generally available for the Browser Distribution Program (the "Product"). 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.

2. TERM. This Agreement shall remain in effect until terminated pursuant to the terms and conditions set forth in this Agreement.

3. LICENSE GRANT. (a) Netscape grants to you (the "Licensee"), subject to these terms and conditions, a nonexclusive, revocable, royalty-free, worldwide, and nontransferable right to (i) reproduce, without change (except as specified in subsection 3(b), below), the versions and platforms of the Product in executable form only on any media and (ii) distribute such Product copies to end users directly or by sublicense through distributors and sub-distributors (collectively "Distributors").

(b) Except as expressly permitted herein, Licensee shall not, and shall not permit any Distributor or other person to, re-configure, modify, translate, decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine source code from the Product or to create any derivative works based upon the Product including the Netscape user interface (except to the extent applicable laws specifically prohibit such restriction or as provided by the Netscape Public License or Mozilla Public License for the open-source portions of the Product governed by those licenses). However, notwithstanding any other terms or conditions set forth herein, Licensee may (i) change the default URL on the Product to a URL corresponding to a website controlled and operated by Licensee for Licensee's benefit; or (ii) obtain from Netscape a license to use the Netscape Client Customization Kit ("CCK") and pursuant to the terms and conditions set forth in the CCK License Agreement, use the CCK to customize the Product. If Licensee or any Distributor fails to comply with this Section 3(b), Netscape may immediately (in addition to all other remedies it may have) revoke all licenses except for end user licenses granted hereunder.

(c) If Licensee is distributing the Product bundled with a Licensee product, Licensee shall use, and is granted during the term hereof a nontransferable, nonexclusive and restricted license (with a right to sublicense to Distributors) to use the mark "Includes Netscape Navigator," "Includes Netscape Communicator," "Includes Netscape 7," or "Powered by Netscape," as applicable, with the Netscape N Logo (collectively, the "Bundled-with Marks") solely on products and packaging containing the Product and in related advertising, marketing and technical material on Licensee's internet site. If Licensee is distributing the Product on a stand-alone basis, Licensee shall use, and is granted during the term hereof a nontransferable, nonexclusive and restricted license (with a right to sublicense to Distributors) to use the mark "Netscape Navigator," "Netscape Communicator," or "Netscape 7," as applicable, with the Netscape N Logo (collectively, the "Stand-alone Marks", together with the Bundled-with Marks referred to as the "Marks") solely on products and packaging containing the Product and in related advertising, marketing and technical material on Licensee's Internet site.

4. USE OF THE MARKS; PROTECTION OF THE MARKS. (a) Proper Use. Licensee agrees that all use of the Marks shall be only in connection with this Agreement and shall comply with Netscape's then current signature guidelines which can be found at URL: http://wp.netscape.com/bisdev/distribution/logokit.html. Licensee agrees not to use or combine any other trademark or service mark with the Marks. Licensee further agrees not to use the Marks on or in connection with any products or services that are or could be deemed by Netscape in its reasonable judgment, to be obscene, pornographic, disparaging of Netscape or its products, or otherwise in poor taste, or that are themselves unlawful or whose purpose is to encourage unlawful activities by others. All use of the Marks shall inure to the benefit of Netscape.

(b) Monitoring by Netscape. Upon Netscape's request, Licensee shall promptly provide Netscape with samples of any product or documentation bearing the Marks. If Netscape determines that Licensee is using the Marks improperly, Licensee shall have ten (10) days to remedy the improper use.

5. DISTRIBUTION. (a) Export Control. Licensee shall, and shall cause its Distributors to comply with all export laws, rules and regulations of the United States and foreign agencies or authorities, and not to export or re-export the Product or any direct product thereof in violation of any such laws, rules or regulations, or without all necessary authorizations. Licensee shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its 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) 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 (OFAC) list of Specially Designated Nationals and Blocked Persons or on the U.S. Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List.

(b) Licensee shall, and shall cause its Distributors to comply with all then-current laws, regulations and other legal requirements in its performance of this Agreement. Licensee shall ensure the compliance with all applicable laws, rules and regulations to preclude the acquisition of unlimited rights in the Product to a governmental agency, including providing notification with the Product that it 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 defined in 48 C.F.R. 12.212 (Sept. 1995), and notification that, 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 in the end user license agreement that Netscape or Licensee provides with the Product.

(c) Licensee shall ensure that the then-current end-user license agreement ("EULA") that Netscape provides for the Product is distributed with the Product, and that the end-user is bound by the terms and conditions of the EULA by click-through, shrink-wrap, or other end-user acceptance method as may be commonly used in the industry. Alternatively, Licensee and the end-user may enter a customized license agreement that contains terms and conditions consistent with the terms and conditions of this agreement and the EULA.

(d) Licensee shall distribute documentation or packaging relating to the Product that conspicuously states that end-users are not entitled to receive from Netscape any support, warranty, or documentation associated with the Product unless they have paid for such support, warranty or documentation. Any such documentation or packaging shall include instructions on how an end user may purchase support from Netscape, such as providing the URL: http://help.netscape.com or such other Netscape URL that includes instructions for purchasing support.

(e) Licensee shall ensure that its Distributors comply with all relevant terms and conditions of this Agreement.

(f) This is a nonexclusive relationship, and each party agrees that the other party may enter into similar arrangements with third parties. Licensee shall and shall cause its Distributors to treat the Product at least as favorably as it treats any competitive products it distributes.

6. REPORTS. Licensee agrees to provide Netscape, on a quarterly basis, the quantity of Product licenses granted for distribution under this Agreement during such quarter, by country.

7. SUPPORT.The Product comes with no support from Netscape.

8. PROPRIETARY RIGHTS. Title to and ownership of all copies of the Product, including all copyrights thereto, whether in machine-readable or printed form, and including without limitation derivative works, compilations, or collective works thereof and all related technical know-how and all rights therein are and shall remain the exclusive property of Netscape or its suppliers. Licensee acknowledges and agrees (i) that Netscape is the owner of the Marks and any trademark applications and/or registrations thereto, (ii) that it will do nothing inconsistent with such ownership and (iii) that all use of the Marks by Licensee shall inure to the benefit of Netscape. Nothing in this Agreement grants Licensee any right, title or interest in or to the Marks other than the right to use the Marks in accordance with this Agreement. Except for the rights expressly granted to Licensee hereunder, Netscape reserves for itself all other rights in and to the Product. Licensee and Distributor shall not take any action to jeopardize, limit or interfere in any manner with Netscape's ownership of or rights with respect to the Product. Further, Licensee or its Distributors shall not remove or alter any trademark, copyright or other proprietary notices, legends, symbols, or labels appearing on the Product delivered to Licensee and Licensee shall reproduce such notices on all copies of the Product made hereunder, except to the extent that Licensee has entered into the Netscape Client Customization Kit License Agreement and has customized the Product as permitted thereunder.

9. NO WARRANTY/AS IS. THE PRODUCT SUBJECT TO THIS AGREEMENT DOES NOT COME WITH SUPPORT OF ANY KIND AND IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. NETSCAPE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

10. INDEMNITY. Netscape shall have no obligation or liability for, and Licensee shall defend, indemnify and hold harmless Netscape, its subsidiaries and affiliates, and their respective officers, directors, agents, distributors, franchisees and employees from and against any claim (including reasonable attorneys' fees and costs) arising from Licensee's distribution of the Product under this Agreement and/or Licensee's compliance with the terms and conditions of this Agreement.

11. LIMITATION OF LIABILITY. (a) TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL NETSCAPE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF NETSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (b) IN NO EVENT WILL NETSCAPE OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY. (c) IN NO EVENT SHALL NETSCAPE OR ITS SUPPLIERS BE LIABLE FOR: (I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS; (II) FAILURE OF THE PRODUCT TO PERFORM; (III) FAILURE OF THE PRODUCT TO PROVIDE SECURITY; OR (IV) THE RESULTS OR INFORMATION OBTAINED OR DECISIONS MADE BY END USERS OF THE PRODUCT OR THE DOCUMENTATION. THIS LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THE BARGAIN UNDER THIS AGREEMENT.

12. TERMINATION. This Agreement may be terminated: (a) immediately by Netscape in the event Licensee or a Distributor of Licensee attempts to derive the source code of the proprietary portions of the Product not available from www.mozilla.org; (b) by either party upon 60 days prior written notice to the other party; or (c) immediately by Netscape in the event Licensee fails to remedy a breach of Section 4(b) of this Agreement within the specified cure period. Immediately upon termination or expiration hereof, all licenses for the Product granted hereunder (except for validly granted end user licenses) shall terminate, and Licensee shall deliver to Netscape or destroy all copies of the Product in its possession or control, and shall furnish to Netscape an affidavit signed by an officer of Licensee certifying such delivery or destruction. Termination by either party shall not act as a waiver or release of any breach hereof or any liability hereunder. Sections 3(b), 7(a), and 8 through 14 shall survive any expiration or termination of this Agreement.

13. NOTICE. Any notice required or permitted hereunder shall be in English, in writing and shall be deemed to be properly given upon receipt. Notices to Netscape shall be to the attention of the Legal Department, Netscape Communications Corporation, 466 Ellis Street, Mountain View, California 94043.

14. MISCELLANEOUS. (a) Neither party's waiver of a breach or delay or omission to exercise any right or remedy shall be construed as a waiver of any subsequent breach or as a waiver of such right or remedy. (b) This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the Commonwealth of Virginia except for its conflicts of law principles. (c) Each party irrevocably consents to the exclusive jurisdiction of the courts of the Commonwealth of Virginia and the federal courts situated in the Commonwealth of Virginia, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement. (d) This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods. (e) This Agreement creates no agency, partnership, joint venture, or employment relationship and neither Licensee nor its agents have any authority to bind Netscape in any respect whatsoever. (f) If the application of any provision hereof to any particular facts shall be held to be unenforceable by any competent court, then (A) the enforceability of such provision as applied to any other facts and the validity of other provisions hereof shall not be affected and (B) such provision shall be reformed without further action by the parties hereto only to the extent necessary to make such provision valid and enforceable when applied to the particular facts. (g) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, and communications, whether oral or written, between the parties relating to the subject matter of this Agreement and all past courses of dealing or industry custom. (h) If Licensee has an effective agreement with Netscape ("Prior Agreement") covering only the distribution of the Product set forth herein, then this Agreement shall supersede the Prior Agreement. If any Prior Agreement allows for distribution of any Netscape products in addition to the Product, for example Netscape server products, then this Agreement shall supersede only those portions of the Prior Agreement that relate to the distribution of the Product. (i) This Agreement is written in the English language only, which language shall be controlling in all respects. (j) 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 redigésen langue anglaise (translation: "The parties confirm that this Agreement and all related documentation will be in the English language."). (k) Netscape may use Licensee's name in a list of customer references or in any press release issued by Netscape regarding the licensing of the Product and/or provide Licensee's name and the names of the Product licensed by Licensee to third parties. (l) 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.

UserAgent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.0.2) Gecko/20030208 Netscape/7.02 (CK-SillyDog)