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").
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 prÃ©sentÃ©s confirment leur volontÃ© que cette convention de mÃªme que tous les documents y compris tout avis qui s'y rattachÃ©, soient redigÃ©sen 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)