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

NO SUPPORT, ADDITIONAL DOCUMENTATION OR ADDITIONAL SOFTWARE. No support, by telephone or otherwise, or documentation, other than that provided with and as part of the Samples, is provided for the Samples as part of this Agreement, nor does this Agreement grant you any right to any enhancement or update to any of the Samples. If the specific supplier of a Sample is identified, you may contact such supplier and inquire as to whether it is available to provide you consulting and/or development services relating to the Sample developed by such supplier; provided, however, that you acknowledge that neither Netscape nor any of its suppliers are required to provide you with any support, updates, enhancements, documentation or development or consulting services. The Samples may require a database or other software product not provided as part of the Samples ("Additional Software") in order for the Samples to function. No express or implied licenses are provided hereunder to any Additional Software, and neither Netscape nor any of its suppliers has any obligation to make such Additional Software available to you.

ENCRYPTION. If the Sample(s) contains 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 fees for certification services. Following successful installation of a digital certificate, your use of the Sample's cryptographic features will be enabled. You are responsible for maintaining the security of the environment in which the Sample is used and the integrity of the private key file used with the Sample.

DISCLAIMER OF WARRANTY. EACH OF THE SAMPLES IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE SECURITY MECHANISMS, IF ANY, IMPLEMENTED BY THE SAMPLES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SAMPLES SUFFICIENTLY MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SAMPLES IS BORNE BY YOU. SHOULD THE SAMPLES 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 AND ANY RELATED LOSSES HOWEVER INCURRED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. NO USE OF THE SAMPLES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

TITLE. Title, ownership rights, and intellectual property rights in all of the Samples shall remain in Netscape and its suppliers. The Samples are protected by the copyright laws of the United States and international copyright treaties. Title and related rights in any content accessed through the Samples is the property of the applicable content owner and is protected by applicable law. The licenses granted under this Agreement give you no rights to such content.

TERMINATION. The licenses granted to you hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination of these licenses you agree to destroy all copies of the Samples including modified versions thereof.

EXPORT CONTROLS. None of the Samples 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 Samples, 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, if the licensed Sample(s) 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 APPLICATION 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 APPLICATION, 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 EVEN IF NETSCAPE OR ITS SUPPLIERS OR RESELLERS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 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. 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 Samples 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 Samples could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, 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 the licenses granted hereunder and may be amended only by a writing executed by both parties. This Agreement 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 the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

U.S. GOVERNMENT END USERS. Each of the Samples 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 Samples with only those rights set forth herein.