BY INSTALLING THE PREVIEW RELEASE VERSION OF THE NETSCAPE COMPONENT DEVELOPER’S KIT ("NETSCAPE CDK") OR ANY ELEMENTS THEREOF, YOU 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 DO NOT INSTALL THE NETSCAPE CDK OR ITS ELEMENTS. IF THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A PRINTED OR OTHER FORM OF "HARD-COPY" END USER LICENSE AGREEMENT WHOSE TERMS VARY FROM THIS AGREEMENT, THEN THE HARD-COPY END USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE SOFTWARE.
NETSCAPE COMPONENT DEVELOPER'S KIT PREVIEW RELEASE VERSION
END USER LICENSE AGREEMENT

This Agreement sets forth the terms and conditions of your use of the Netscape owned elements ("Elements") contained in the Netscape CDK. Any third party software, including but not limited to JavaScript BeanBuilder, that is included in the Netscape CDK with such third party’s license agreement (in either electronic or printed form) is included for use at your option. If you choose to use such software, then such use shall be governed by such third party’s license and not by this Agreement. As used in this Agreement, for residents of Europe, the Middle East and Africa, "Netscape" shall refer to Netscape Communications Ireland Limited; for residents of Japan, "Netscape" shall refer to Netscape Communications (Japan), Ltd.; for residents of all other countries, "Netscape" shall refer to Netscape Communications Corporation.

LICENSE GRANT. Netscape grants to you a non-exclusive license to use the Elements contained in the Netscape CDK free of charge for evaluation and trial purposes only for a limited time according to the provisions contained herein. The license granted under this Agreement does not grant you any right to any enhancement or update to, or support or telephone assistance with respect to, the Netscape CDK or any of the Elements. While Netscape intends to distribute a commercial release of the Netscape CDK, Netscape reserves the right at any time not to release a commercial release or, if released, to alter prices, features, licensing terms, or other characteristics of the commercial release.

You may:
• Copy and/or modify any of the Elements for use in your own application;
• Redistribute the Elements, but not Netscape logos contained in the Elements, either in the original or in modified form as part of your application. Any distribution of an application containing any of the Elements must make clear to the user that the Elements are in preview release form; and
• Use internally the documentation ("Documentation") included in the Netscape CDK, but your right to copy the Documentation is limited by copyright law. Making unauthorized copies, adaptations, or compilation works is prohibited and constitutes a punishable violation of the law.

LIMITATIONS. You may not:
• Permit other individuals to use the Elements except under the terms listed above;
• Redistribute the Netscape CDK outside of your company;
• Redistribute the Elements either in the original or in modified form except as part of your application;
• Redistribute any Netscape logos contained in the Elements;
• Copy the Netscape CDK or any of the Elements other than as specified above;
• Rent, lease, sell, grant a security interest in, or otherwise transfer rights to the Netscape CDK or any of the Elements; or
• Remove any proprietary notices or labels on or in the Netscape CDK or any of the Elements.

FEES. There is no license fee for the licenses granted herein.

ENCRYPTION. If any of the Elements contain cryptographic features, then you must obtain a signed digital certificate from a certificate authority or a certificate server in order to utilize the cryptographic features. You may be charged additional fees for certification services. Following successful installation of a digital certificate, your use of the Element’s cryptographic features will be enabled. You are responsible for maintaining the security of the environment in which the Element is used and the integrity of the private key file used with the Element. In addition, the use of digital certificates is subject to the terms specified by the certificate provider, and there are inherent limitations in the capabilities of digital certificates. If you are sending or receiving digital certificates, you are responsible for familiarizing yourself with and evaluating such terms and limitations.

DISCLAIMER OF WARRANTY. The Netscape CDK and each of the Elements is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the Netscape CDK and the Elements are free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Elements is borne by you. Should the Elements prove defective or inaccurate, as the case may be, you and not Netscape or its suppliers assume the entire cost of any service and repair. In addition, the security mechanisms, if any, implemented by the Elements have inherent limitations, and you must determine that each of the Elements sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of this Agreement.

TITLE. Title, ownership rights, and intellectual property rights in the Netscape CDK and all of the Elements shall remain in Netscape and/or its suppliers. The Netscape CDK and the Elements are protected by the copyright laws of the United States and international copyright treaties. Title and related rights in the content accessed through the Elements is the property of the applicable content owner and is protected by applicable law. This license gives you no rights to such content.

TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. Upon termination of this License you agree to destroy all copies of the Netscape CDK and the Elements.

EXPORT CONTROLS. None of the Netscape CDK software or underlying information or technology may be downloaded 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 Netscape CDK, or any of the Elements, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Netscape CDK.

If the Netscape CDK is identified as a not-for-export product (for example, on the box, media or in the installation process), then, unless you have an exemption from the United States Department of State, the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE NETSCAPE CDK AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE NETSCAPE CDK, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON."

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NETSCAPE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL NETSCAPE BE LIABLE FOR ANY DAMAGES, EVEN IF NETSCAPE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NETSCAPE'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES. The Components are not fault-tolerant and are 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 Components could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Netscape and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS. This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. This license is personal to you and you agree not to assign your rights herein, and any attempted assignment by you shall be null and void. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

U.S. GOVERNMENT END USERS. The Netscape CDK and each of the Elements 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 Netscape CDK and the Elements with only those rights set forth herein.