NETSCAPE 6.1 BETA RELEASE END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted 

These terms apply to Netscape 6.1 Beta Release Software 

BY CLICKING THE ACCEPTANCE BUTTON FOR THE NETSCAPE 6.1 
BETA RELEASE 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 for evaluation and trial purposes 
only for a limited time, 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.  THIS PRODUCT MAY CONTAIN 
CODE THAT DISABLES MOST OF ITS FEATURES AFTER THE 
"TIMEOUT DATE" AS SPECIFIED IN THE README FILE 
AND/OR OTHER DOCUMENTATION OR USER NOTIFICATION 
METHOD DELIVERED WITH THE PRODUCT.  While Licensor 
intends to distribute a commercial release of the 
Product, Licensor reserves the right at any time 
not to release a commercial release of the Product 
or, if released, to alter features, licensing 
terms, or other characteristics of the commercial 
release.

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 
&auml;&auml;on the Product to a third party without 
Netscape's prior written consent. 

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.  The license granted under 
this Agreement shall terminate on the earlier 
of (i) the Timeout Date or (ii) 30 days following 
Licensor's release of a commercial version of the 
Product.  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 intellectual property 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.  USE AND AVAILABILITY OF OPEN SOURCE CODE.  
Portions of Netscape 6.1 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 
Netscape 6.1 governed by the NPL and MPL is 
available from http://www.mozilla.org under 
those licenses. 

8.  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 OR ANY CONTRIBUTORS 
TO THE SOURCE CODE OF THE PORTIONS OF NETSCAPE 
6.1 AVAILABLE FROM HTTP://WWW.MOZILLA.ORG 
("OPEN SOURCE CONTRIBUTORS") 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. 

9.  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 OR ANY OPEN 
SOURCE CONTRIBUTORS 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 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.  
NETSCAPE IS NOT RESPONSIBLE FOR ANY LIABILITY, 
WHETHER FOR INFRINGEMENT OR OTHERWISE, 
ARISING OUT OF THE USE OF THOSE PORTIONS OF 
NETSCAPE 6.1 AVAILABLE FROM HTTP://WWW.MOZILLA.ORG. 

10.  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, 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.

11.  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.

12.  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. 

13.  DOWNLOAD AND INSTALLATION FEEDBACK.  When 
downloaded and installed onto your computer, 
the Product may automatically send information 
relating to the download and install process to 
Netscape over the world wide web.  Netscape may 
use the information at its discretion for such 
purposes as, but not limited to, improving the 
reliability of the download and install 
process and improving its services to users.  
The information may include such data as 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, or success of the 
download and install process.  No user 
identifiable data is included in the 
information sent to Netscape.  

14.  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. 

15.  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. 

16.  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 presentes confirment leur volonte que cette 
convention de meme que tous les documents y 
compris tout avis qui s'y rattache, soient 
rediges 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. 

Netscape 6.1 Beta Release EULA
rev. 05/30/01
