LICENSE AGREEMENTS 

Overview:

BELOW ARE LICENSE AGREEMENTS FROM NETSCAPE AND THE WEATHER CHANNEL. YOU MUST AGREE TO THE APPLICABLE LICENSE AGREEMENTS BELOW TO USE THE NETSCAPE 7.2 BROWSER, THE ACCOMPANYING SOFTWARE COMPONENTS, AND DESKTOP WEATHER BY THE WEATHER CHANNEL. WHEN YOU INSTALL NETSCAPE 7.2 YOU WILL BE GIVEN THE OPTION OF INSTALLING ADDITIONAL COMPONENTS FROM NETSCAPE AND THIRD PARTY PROVIDERS. ALL OF THE ADDITIONAL COMPONENTS AVAILABLE FOR DOWNLOAD WITH NETSCAPE 7.2 EXCEPT DESKTOP WEATHER BY THE WEATHER CHANNEL ARE REFERRED TO COLLECTIVELY HEREIN AS THE "COMPONENTS." DESKTOP WEATHER BY THE WEATHER CHANNEL IS REFERRED TO HEREIN AS "DESKTOP WEATHER." THE NETSCAPE 7.2 END-USER LICENSE AGREEMENT GOVERNS USE OF NETSCAPE 7.2 AND THE COMPONENTS. USE OF DESKTOP WEATHER, IF IT IS AVAILABLE AS AN OPTION, IS GOVERNED BY THE WEATHER CHANNEL END USER LICENSE AGREEMENT THAT IS APPENDED BELOW THE NETSCAPE 7.2 END USER LICENSE AGREEMENT. 

TO USE NETSCAPE 7.2 AND ANY OF THE COMPONENTS SELECTED FOR INSTALLATION DURING THE INSTALLATION PROCESS YOU MUST AGREE TO THE NETSCAPE 7.2 END USER LICENSE AGREEMENT BY CLICKING "ACCEPT" BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE NETSCAPE 7.2 END USER LICENSE AGREEMENT WITH RESPECT TO YOUR USE OF NETSCAPE 7.2, CLICK "DECLINE," AND DO NOT INSTALL OR USE THE NETSCAPE 7.2 SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE NETSCAPE 7.2 END USER LICENSE AGREEMENT WITH RESPECT TO YOUR USE OF ANY OF THE COMPONENTS,  DESELECT EACH SUCH COMPONENT WHEN PRESENTED WITH THE OPTION DURING THE INSTALLATION PROCESS. IF YOU DO NOT AGREE WITH THE WEATHER CHANNEL END USER LICENSE AGREEMENT, DESELECT THE DESKTOP WEATHER COMPONENT IF PRESENTED WITH THE OPTION DURING THE INSTALLATION PROCESS. IF DESKTOP WEATHER IS CHECKED AND YOU CLICK "ACCEPT" BELOW, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THE WEATHER CHANNEL END USER LICENSE AGREEMENT.

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Agreements Index:

1. Netscape 7.2 End User License Agreement
2. Desktop Weather by The Weather Channel End User License Agreement

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NETSCAPE 7.2 END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted

BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR USING THE NETSCAPE 7.2 SOFTWARE OR ANY COMPONENTS, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS NETSCAPE 7.2 END USER LICENCE AGREEMENT (THE "AGREEMENT"), AND THE APPLICABLE PRIVACY POLICIES IDENTIFIED IN PARAGRAPH 10 BELOW, AS THE "LICENSEE."

1.  INTRODUCTION.  As used in this Agreement, for residents of Europe, the Middle East or Africa, "Licensor" shall mean Netscape Communications Ireland Limited; for residents of Japan, "Licensor" shall mean Netscape Communications (Japan), Ltd.; for residents of all other countries, "Licensor" shall mean Netscape Communications Corporation.  The use of the Components shall be governed by this Agreement.  In this Agreement, "Product" refers to the Netscape 7.2 browser and any of the Components that Licensee has elected to install.  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 agreement provided with the Product, an electronic agreement provided with the Product.

2.  LATENT DISTRIBUTION OF COMPONENTS.  The Components are installed through different mechanisms in order to ensure that the Netscape 7.2 download will be quick and convenient.  In some cases the entire Component is downloaded concurrently with Netscape 7.2 and in others a small piece of software (the "Stub") will be installed initially with Netscape 7.2 that can then "call out" over the Internet to a web server and complete installation of the Component on your computer at a later time (i) during the installation process, (ii) when the Stub detects that you have available bandwidth or (iii) when you have requested use of a function that requires such Component.

3.  LICENSE GRANT.  Licensor grants Licensee a non-exclusive and non-transferable license to install and use for personal or internal business purposes the executable code version of the Product, provided any copy must contain all of the original proprietary notices.  With respect to the AIM software, Licensee may use that software to access the AOL Instant Messenger Service (the "AIM Service"), provided it has obtained from Licensor a valid screen name through registration for the AIM Service or another AOL service that issues screen names (each an "SN Service").  Licensee may use only the AIM software and a screen name issued to it by Licensor to access the AIM Service. With respect to the ICQ software, Licensee may use that software to access the ICQ service, provided Licensee has obtained a valid ICQ number from ICQ. Licensee may use only the ICQ software and an ICQ number assigned to it to access the ICQ network. This license does not entitle Licensee to receive from Licensor hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product.

4.  RESTRICTIONS.  Except as otherwise expressly permitted in this Agreement, or in another Licensor agreement to which Licensee is a party 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 in any way ascertain, decipher, or obtain the communications protocol for accessing the AIM Service or the ICQ service, or the underlying ideas or algorithms of the Product; (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; (v) create or use any software other than the AIM software to enter its screen name and password or to access the AIM Service or create or use any software other than the ICQ software to access the ICQ service; (vi) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Product or the AIM or ICQ Services; (vii) incorporate, integrate or otherwise include the AIM software, the ICQ software, or any portion thereof (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with the AIM Service or ICQ service or any other instant messaging, Internet, or online service; (viii) provide false information when registering for a screen name, select or use a screen name with the intention of impersonating another person or entity or that violates anyone's intellectual property rights, use a screen name that Licensor considers in its sole discretion as being inappropriate, or use a screen name of anyone else without authorization, (ix) use the Product in any way that violates any Terms of Service or Privacy Policy that apply to Licensee or any laws; (x) use the AIM or ICQ software or Service if Licensee is under eighteen years old; or (xi) authorize or assist any third party to do any of the things described in this paragraph.

5.  LICENSEE'S RESPONSIBILITY.  Licensee is responsible for all activity made by anyone who uses Licensee's AIM account and screen name, ICQ account or number, or Netscape Mail account, including family and friends. Licensee agrees to keep confidential the passwords associated with its accounts. Licensee may not use the Product while driving, operating hazardous equipment, or engaging in other forms of hazardous activities. Licensee may use the Product for lawful purposes only. Licensee hereby agrees to indemnify and hold harmless Licensor for losses incurred by Licensor or another party due to someone else using Licensee's accounts or passwords as a result of Licensee's failure to use reasonable care to keep such information confidential or as a result of Licensee's failure to use reasonable care while using the Product.

6. INACTIVE STATUS.  Unless Licensee is a subscriber to an AOL fee-based subscription service (such as the AOL or CompuServe service), Licensee must use the screen name assigned to it during registration for an SN Service on a regular basis (i.e., by logging into the AIM Service or checking Netscape Mail) to keep such screen name and registration active. Licensor may cancel the screen name of any registered user who does not have a current subscription or who Licensor has determined in its sole discretion has not used such screen name to access an SN Service for a period of ninety (90) days. If Licensee's screen name is canceled, Licensee will need to re-register for an SN Service and obtain a new screen name to gain access to registration-based features and tools. The screen name that Licensee previously used may or may not be available when Licensee re-registers. 
 
7.  COMMUNICATIONS.  Licensee is responsible for obtaining it's own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the Product, and all charges related thereto. Any telephone or other communications charges incurred by Licensee to access the AIM Service, the ICQ service, the Internet, Netscape Mail, or any other Netscape or AOL product or service are Licensee's responsibility, and if Licensee is accessing such services through a telephone line, Licensee should call it's local phone company to determine if the access numbers it has selected are subject to long distance or other toll charges. Also, Licensee's carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Licensee should check with it's carrier to verify any such fees. 

8.  NO SPAM, BULK EMAIL OR BULK INSTANT MESSAGES.  Licensee may not use the Product, including communication tools such as e-mail and instant messaging to send unsolicited bulk communications. Similarly, Licensee may not authorize others to use its accounts or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. Licensee may not harvest or collect information about other users of the Product, including screen names or ICQ numbers, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of Licensee's accounts and further legal action. Licensee agrees that Licensor may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within its networks.

9.  CHANGES TO THE SERVICE.  Licensor has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Product including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on Licensor servers on Licensee's behalf either cumulatively or for any particular service or the availability of the Product on any particular device or communications service. Licensor has no obligation to provide Licensee with notice of any such changes.

10.  BROWSER DOWNLOAD FEEDBACK & PRIVACY.  When downloaded and installed onto Licensee's computer, Netscape 7.2 may automatically send information relating to the download and install process to Netscape.  Netscape may use the information for such purposes as improving the reliability of the download and install process and improving its services to users.  The information may include, for example, 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, and/or success of the download and install process.  No user identifiable data is included in the information sent to Netscape.

If Licensee uses the AIM Service and software, the AIM Privacy Policy, which can be reviewed at http://www.aim.com/tos/privacy_policy.adp, explains Licensor's policies governing the use of AIM user information. Licensee hereby consents to Licensor using its registration information and other information collected by Licensor under the terms of the AIM Privacy Policy. By registering with or using the AIM software and service, Licensee consents to the collection and use of its personal information and the transfer of this information to the United States or other countries for processing and storage by Licensor. Additionally, Licensee agrees that Licensor may use Licensee's screen name and wallet services, or other similar technologies, to authenticate Licensee on AIM, help store registration and transaction-related information, and enable Licensee to take advantage of offerings from Licensor and its affiliated providers.

If Licensee uses the ICQ service and software, the ICQ Privacy Policy, whcih can be reviewed at http://www.icq.com/legal/privacy.html, explains Licensor's policies governing the use of ICQ user information. Licensee hereby consents to Licensor using its registration information and other information collected by Licensor under the terms of the ICQ Privacy Policy. By registering with or using the ICQ software and service, Licensee consents to the collection and use of its personal information and the transfer of this information to the United States or other countries for processing and storage by Licensor. Additionally, Licensee agrees that Licensor may use Licensee's ICQ number or other similar technologies to authenticate Licensee on ICQ, help store registration and transaction-related information, and enable Licensee to take advantage of offerings from Licensor and its affiliated providers.

11.  ADDITIONAL SERVICES.  Features or additional services may be made available through the Product for a fee.  Licensee agrees to be bound by any additional terms and conditions governing the use of such features or services should it choose to utilize them.

12.  LICENSEE REPRESENTATIONS.  Licensee represents and warrants that it has the adequate legal capacity to enter into this Agreement, that it will use the Product only for lawful purposes and in accordance with this Agreement, and that it will not use the Product to violate any law, regulation or ordinance or any right of Licensor or its Licensors or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark.  Licensee agrees to indemnify Licensor, its Licensors, officers, agents, employees and directors for any damages incurred as a result of a violation of this paragraph.

13.  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.

14.  TERMINATION.  Should Licensee breach this Agreement, its right to use the Product shall terminate immediately and without notice.  Licensor may also terminate this Agreement for a violation of any applicable privacy policy. Licensor may terminate Licensee's right to use the AIM or ICQ software by blocking its access to the AIM or ICQ network or by notifying Licensee that its license has been terminated.  In the event of any termination of this Agreement or Licensee's rights hereunder, all provisions of this Agreement except the License Grant (Paragraph 1) shall survive such termination and Licensee agrees to continue to be bound by those terms.  Upon termination, Licensee shall destroy all copies of the Product.

15.  PROPRIETARY RIGHTS.  Title, ownership rights, and intellectual property rights in the Product and the AOL namespace database, including but not limited to Licensor components and algorithms and access to the Licensor server complex, shall remain in Licensor and/or its licensors and other suppliers.  Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Licensor's or its licensors' or other 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.  All trademarks used in connection with the Product are owned by Licensor, its parent or affiliates, or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder.  Licensee agrees that Licensor may use in any manner and without limitation all comments, suggestions, complaints and other feedback Licensee provides relating to the Product.

16.  USE AND AVAILABILITY OF OPEN SOURCE CODE.  Portions of the Product 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 the Product governed by the NPL and MPL is available from http://www.mozilla.org under those licenses.

17.  INJUNCTIVE RELIEF.  Licensee acknowledges and agrees that, notwithstanding any other provisions of this Agreement, its breach or threatened breach of this Agreement shall cause Licensor irreparable damage for which recovery of money damages would be inadequate and that Licensor therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

18.  DISCLAIMER OF WARRANTY.  THE PRODUCT IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS.  LICENSOR AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE PRODUCT WILL MEET LICENSEE'S REQUIREMENTS, OR THAT ERRORS IN THE PRODUCT WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE PRODUCT IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  FURTHER, LICENSOR AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.  LICENSOR AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO LICENSEE'S USE OF THE PRODUCT.  LICENSEE BEARS THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE AND ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  NO USE OF PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

19.  LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "NETSCAPE GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, 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, THE NETSCAPE GROUP'S 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 LICENSOR'S SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, 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 BE APPLICABLE.  THE NETSCAPE GROUP 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.

20.  DIGITAL CERTIFICATES.  The Product supports certain cryptographic and authentication features, including but not limited to Secure Sockets Layer and S/MIME 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 Licensor 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.  Licensor 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 LICENSOR HAS PRELOADED INTO THE PRODUCT.  LICENSOR 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.

21.  EXPORT CONTROLS.  Licensee agrees to comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority, 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 approvals.  For example, Licensee may not export or re-export any commodities, software, or technical data received from Licensor, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized.  As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Product from the U.S.

22.  HIGH RISK ACTIVITIES.  The Product is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ("High Risk Activities").  ACCORDINGLY, LICENSOR AND ITS LICENSORS AND OTHER  SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.  LICENSEE AGREES THAT THE NETSCAPE GROUP WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE PRODUCT IN SUCH APPLICATIONS.

23.  U.S. GOVERNMENT END-USERS.  The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth herein.

24.  MISCELLANEOUS.  (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Licensor.  (b) 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.  (c) Licensee expressly agrees that jurisdiction for any claim or dispute arising from the use of the Product resides exclusively in the federal and state courts of the Commonwealth of Virginia and consents to the personal jurisdiction thereof.  The foregoing provision may not apply to Licensee depending on the laws in Licensee's jurisdiction.  (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.  (e) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or Licensor may at its option instead terminate this Agreement.  (f) 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.  (g) 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.  (h) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein.  Licensor may assign this Agreement to any entity at its sole discretion.  (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.  (j) 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.


Netscape 7.2 EULA
rev.  06/30/04

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DESKTOP WEATHER BY THE WEATHER CHANNEL END USER LICENSE AGREEMENT

Last Updated: June 3, 2004

PLEASE CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT FOR DESKTOP WEATHER BY THE WEATHER CHANNEL BEFORE INDICATING YOUR ACCEPTANCE AT THE END OF THIS AGREEMENT. BY CHECKING "I ACCEPT" AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS AGREEMENT, OR IF YOU DO NOT WISH TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "DECLINE" BUTTON. 

1. PURPOSE. The software you are installing (the "Software") is provided by The Weather Channel Interactive, Inc. ("TWCi") and provides you with a quick view of the current weather in a city you select, and provides other weather-related information and data on your desktop (the "Services"). This Agreement contains terms and conditions that apply to both the Software and the Services.

2. SOFTWARE LICENSE GRANT. 
A. TWCi grants to you a personal, non-exclusive, revocable, limited license to install and use the Software, in object code format only. You may (i) use the Software on any single computer for your personal use only, and (ii) copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. 
B. You may not (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software, (ii) rent, lease, grant a security interest in, sell, or otherwise transfer rights to the Software, except as expressly permitted herein, or (iii) remove any proprietary notices or labels on the Software. Your license to the Software may, at TWCi's discretion, expire when new versions of the Software are released. TWCi reserves the right to add additional features or functions to the Software. The Software communicates with third-party servers periodically. TWCi may require the update or automatic distribution of the Software on your computer when a new version of the Software application becomes available. This update or new download may occur automatically or through other means. Notwithstanding the foregoing, TWCi has no obligation to make available to you any subsequent versions of the Software. You agree to comply with TWCi's current Privacy Policy and Terms and Conditions, as set forth on TWCi's web site, www.weather.com. 
C. You understand that the Software is a voluntary software program, and you may uninstall the Software at any time by using your appropriate operating systems' add/remove or uninstall functionality. However, by uninstalling the Software, you will be unable to access the Services provided by the Software. 

3. SERVICES. 
A. TWCi grants to you a non-exclusive, revocable, limited license to use the Services for your personal use only. 
B. The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of TWCi and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred. 
C. You may cancel the Services at any time. You may unsubscribe from the Services at http://registration.weather.com/registration/myprofile/step1.  Cancellation instructions are available on the page. You understand and agree that cancellation of the Services is your sole right and remedy with respect to any dispute with TWCi. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or TWCi's enforcement or application of this Agreement; (2) any policy or practice of TWCi, including any TWCi Privacy Policy, or TWCi's enforcement or application of these policies; (3) the content available through TWCi or the Internet or any change in content provided through TWCi; (4) your ability to access and/or use the content; or (5) any Software or content provided by or through TWCi.

4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
A. YOUR USE OF THE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TWCi EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
B. TWCi MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SOFTWARE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SOFTWARE OR THE SERVICES PROVIDED BY OR THROUGH THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS OR BUGS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. 
C. ANY MATERIAL, DATA OR INFORMATION, INCLUDING WEATHER-RELATED INFORMATION AND REPORTS, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ALL WEATHER INFORMATION, FORECASTS AND DATA ARE PROVIDED "AS IS."  TWCi SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION OR DATA TRANSMITTED VIA THE SOFTWARE, INCLUDING WEATHER-RELATED INFORMATION AND REPORTS. 
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWCi OR THROUGH OR FROM THE SOFTWARE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

5. LIMITATION OF LIABILITY. 
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TWCi NOR ITS SUPPLIERS SHALL BE LIABLE, UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TWCi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF: (i) YOUR USE OR YOUR INABILITY TO USE THE SOFTWARE OR THE SERVICES (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; (v) THIS AGREEMENT; OR (vi) ANY OTHER MATTER RELATING TO THE SOFTWARE OR THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TWCi RELATED TO THIS AGREEMENT OR THE SERVICES, SOFTWARE OR CONTENT SHALL BE CANCELLATION OF THE SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $5.00 OR THE AMOUNT YOU PAID TO TWCi. 
B. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU. 


6. TITLE. TWCi (or its licensors) are the sole and exclusive owner of all right, title and interest in and to the Software and the Services, including all intellectual property rights therein, and all data and information provided to you, uploaded to you, or downloaded by you, through or by the Software. The Software and the Services are protected by the copyright laws and treaties. 

7. TERMINATION AND MODIFICATION. 
A. TWCi may, in its sole discretion, terminate this Agreement and any Services without cause at any time upon notice to you.B. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from TWCi to effect such termination. 
C. In the case of any termination, you agree to continue to abide by the provisions of this Agreement, which shall remain in full force and effect after such termination, except that the license to use the Software will automatically terminate. Upon termination (whether by you or TWCi), you are required to uninstall or destroy, or both if applicable, the Software from your operating system and immediately discontinue use of the Services. 

8. EXPORT CONTROLS. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES IN A MANNER THAT IS PROHIBITED BY APPLICABLE EXPORT LAWS AND REGULATIONS. BY DOWNLOADING OR USING THE SOFTWARE OUTSIDE THE UNITED STATES OF AMERICA, YOU ASSUME RESPONSIBILITY FOR COMPLIANCE WITH THE FOREGOING. 

9. AMENDMENT. TWCi may, in its sole discretion, change, modify, add or remove portions of this license or the Services at any time. TWCi may notify you of any such changes by posting notice of such changes on the TWCi website www.weather.com or sending notice via e-mail, postal mail or other means. Your continued use of the Software or Services following notice of such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the Software and Services. 

10. INDEMNIFICATION. You agree to hold harmless, indemnify and defend TWCi and its affiliated companies and their officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claimed (a) violation of any term of this agreement by you, or (b) violation of any law or regulation by you. If you are importing the Software from the United States, you shall hold harmless, indemnify and defend TWCi and its affiliated companies and their officers, directors and employees, from and against any import and export duties or other claims arising from such importation. 

11. NO ASSIGNMENT. This Agreement is personal to you, and may not be assigned without TWCi's express written consent. 

12. MISCELLANEOUS. This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between you and TWCi with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. TWCi shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of TWCi. This Agreement shall be construed in accordance with the laws of the State of Georgia without regard to its conflicts of law principles.  All disputes under this Agreement shall be resolved by the State or Superior Courts of Cobb County in the State of Georgia or in the United States District Court for the Northern District of Georgia, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it.

13. NOTICE.  All notices contemplated by this Agreement will be in writing and mailed by hand delivery, prepaid courier service, by overnight delivery with delivery confirmation, or by telecopier with receipt confirmed by electronic acknowledgement of transmission; provided that, TWCi may provide notice to you via electronic mail.  Notices shall be effective upon receipt of confirmation that delivery is complete.  All notices to you shall be addressed to the location you provide to TWCi during registration.  All notices to TWCi shall be addressed to The Weather Channel Interactive, Inc., 300 Interstate North Parkway, Atlanta, Georgia  30339, sent to the attention of the President with a copy to TWCi's General Counsel (unless another address is subsequently designated by notice to the other party).


