The content of this page has not been updated since: June of 2002
Important: This Page is for historical reference only at this point and is vastly out of Date. Please find the current information of products originally licensed under this agreement by contacting the DoD PKI and ECA PKI Program Management Offices by e-mailing Mr. Richard Klein at firstname.lastname@example.org
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU (“LICENSEE”)
ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON
THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT INSTALL THE SOFTWARE.
IN THE EVENT THAT YOU CHOOSE TO ACCEPT THE TERMS AND CONDITIONS SET FORTH
HEREIN, YOU WILL BE PRESENTED WITH AN END USER AGREEMENT WHICH WILL ALSO
BE APPLICABLE TO YOUR LICENSE OF THE SOFTWARE FROM LICENSOR;
IN THE EVENT THAT THE TERMS IN THIS AGREEMENT AND THE TERMS OF THE END
USER AGREEMENT CONFLICT, THE TERMS OF THIS AGREEMENT WILL TAKE PRECEDENCE
DURING THE TRIAL PERIOD FOR THIS SOFTWARE.
Licensor. “Licensor” is defined as Netscape, or, if Licensee has received the Software from a Netscape authorized distributor, then that distributor.
License Grant. Subject to the provisions contained herein, Licensor hereby grants to Licensee a non-exclusive and nontransferable license to download on a one time basis and use the following Netscape software products: Netscape Communicator (with or without FORTEZZA), Netscape Enterprise Server (with and without FORTEZZA), Netscape Messaging Server, Netscape Collabra Server, Netscape Certificate Server, and Netscape Directory Server (the “Software”), solely for Licensee’s evaluation purposes exclusively in the context of Licensee’s role as a representative of the United States Department of Defense. Such license shall be valid for 90 days from the Effective Date, at which point either: 1) Licensee will terminate use of the software and eliminate the Software from all media upon which it has been electronic retained; or 2) become licensed to use the Software in accordance with the terms and conditions of the Defense Information System Agency’s Netscape licensing arrangement. In the event of the latter arrangement, you must be licensed to use the Software through the Defense Information System Agency and your use of the Software shall be governed by the applicable Netscape end user agreement as modified by your Defense Information System Agency license for the Software; the terms of this Agreement shall no longer be applicable upon license of the Software to Licensee through the Defense Information Systems Agency
Pursuant to such purposes, and as further defined herein, the Software and accompanying documentation (“Documentation”) are “commercial item(s),” 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); the Software and Documentation were developed exclusively at private expense, and are protected by the copyright laws of the United States and international copyright treaties. Consistent with 48 C.F.R. 227.7202-1, 227.7202-3, and 227.7202-4 (June 1995), all Licensees acquire the Software with only those rights set forth herein.
Who May Be Licensed: In order to be licensed under this Agreement you must be either:
1) An employee of the Department of Defense; or
2) A Department of Defense contract employee working for the Department of Defense for 32 hours or more per week.
Eligibility to use the Software under this Agreement does not confer eligibility to use the software under the Defense Information System Agency’s Netscape licensing arrangement; there are additional restrictions on who may be a user under the latter licensing arrangement which you must be in compliance with prior to being licensed under the Defense Information System Agency’s Netscape licensing arrangement.
By Licensee’s acceptance of the terms and conditions of this Agreement,
Licensee certifies that Licensee meet the qualifications set forth above.
Software, Documentation and License Fee. Licensor shall furnish the Software to Licensee electronically in machine-readable object code form as available for download from BTG, Inc. servers. If Licensee receives its first copy of the Software electronically, and a second copy on media, the second copy may be used for backup and archival purposes only. This Agreement does not grant Licensee any right to any enhancement or update to the Software or Documentation.
Restricted Use. Licensee shall not copy the Software or Documentation, except for backup or archival purposes. Any such copy made by Licensee shall be subject to this Agreement and shall contain all of Netscape’s and its suppliers’ notices regarding copyrights, trademarks and other proprietary rights as contained in the Software originally provided to Licensee. Licensee shall not lend, rent, lease or otherwise transfer the Software.
Title. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in Licensor and/or its suppliers. This Agreement does not include the right to sublicense the Software and is personal to Licensee and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of Netscape. Licensee acknowledges that the Software in source code form remains a confidential trade secret of Netscape and/or its suppliers and therefore Licensee agrees not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do so. Licensee further agrees not to modify or create derivative works of the Software.
Content. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives Licensee no rights to such content.
Warranty Disclaimer. The Software and any related Documentation are for evaluation purposes only and are provided “AS-IS”, without any warranty of any kind whatsoever. LICENSOR, NETSCAPE, AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR, NETSCAPE OR THEIR SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DAMAGES, REGARDLESS OF WHETHER THEY ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND 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 LICENSOR, NETSCAPE OR THEIR SUPPLIERS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
Export. Licensee may not download, use or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded, used or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, Licensee is agreeing to the foregoing and is representing and warranting that Licensee is not located in, under the control of, or a national or resident of any such country or on any such list.
Term & Termination. This Agreement shall automatically expire ninety (90) days from the Effective Date. Either party may terminate this Agreement immediately in the event of default by the other party. Upon any expiration or termination of this Agreement, Licensee shall immediately discontinue the use of the Software and shall within ten (10) days return to Licensor all copies of the Software and Documentation. Licensee may also terminate this Agreement at any time by returning to Licensor all copies of the Software and Documentation.
Miscellaneous. This Agreement together with any end user license
agreement included with the Software 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 hereof, and all past
courses of dealing or industry custom. The terms and conditions hereof
shall prevail over any end user license agreement included with the Software
or other written instrument, including without exclusivity a purchase orders,
submitted by Licensee. It may be amended only by a writing executed
by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY LICENSEE
IS EXPRESSLY MADE CONDITIONAL ON LICENSEE’S ASSENT TO THE TERMS SET FORTH
HEREIN, AND LICENSOR AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY
UPON THESE TERMS AND NOT THOSE CONTAINED IN LICENSEE’S PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to
make it enforceable, and such decision shall not affect the enforceability
(i) of such provision under other circumstances or (ii) of the remaining
provisions hereof under all circumstances. Headings shall not be considered
in interpreting this Agreement. This Agreement shall be governed
by and construed under California law as such law applies to agreements
between California residents entered into and to be performed entirely
within California, except as governed by federal law of the United States.
This Agreement will not be governed by the United Nations Convention of
Contracts for the International Sale of Goods, the application of which
is hereby expressly excluded. 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
hereof, and all past courses of dealing or industry custom.