NETSCAPE CHAT END USER LICENSE AGREEMENT 
NO FEE VERSION 
REDISTRIBUTION NOT PERMITTED 
 
Beta 1 of version 0.9 of the Netscape Chat will 
expire on August 15, 1995 and you will not be able to 
use it after that date. 
 
GRANT. Netscape Communications Corporation ("Netscape") 
hereby grants you a non-exclusive license to use its 
accompanying software product ("Software") free of charge if 
(a) you are a student, faculty member or staff member of an 
educational institution (K-12, junior college or college) or 
an employee of a charitable non-profit organization; or (b) 
your use of the Software is for the purpose of  evaluating 
whether to purchase an ongoing license to the Software.  The 
evaluation period for use by or on behalf of a commercial 
entity is limited to 90 days; evaluation use by others is not 
subject to this restriction.  Government agencies are not 
considered charitable non-profit organizations for purposes 
of this license agreement.  If you do not fit within the 
description above, a license fee is due to Netscape and no 
license is granted. If you are using the Software free of 
charge, you will not be entitled to support or telephone 
assistance. 
 
If you fit within the above description, you may: use the 
Software on any single computer; use the Software on a second 
computer so long as the first and second computers are not 
used simultaneously; or copy the Software for archival 
purposes, provided any copy must contain all of the original 
Software's proprietary notices. 
 
You may not: permit other individuals to use the Software 
except under the terms listed above; modify, translate, 
reverse engineer, decompile, disassemble (except to the 
extent applicable laws specifically prohibit such 
restriction), or create derivative works based on the 
Software; copy the Software (except for back-up purposes); 
rent, lease, transfer or otherwise transfer rights to the 
Software; or remove any proprietary  notices or labels on the 
Software. 
 
SOFTWARE. If you receive your first copy of the Software 
electronically, and a second copy on media, the second copy 
may be used for archival purposes only.  This license does 
not grant you any right to any enhancement or update. 
 
TITLE. Title, ownership rights, and intellectual property 
rights in and to the Software shall remain in Netscape and/or 
its suppliers. The Software is protected by the copyright 
laws of the United States and international copyright 
treaties.  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 License 
gives you no rights to such content. 
 
DISCLAIMER OF WARRANTY. Since the Software is provided free 
of charge, the Software 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. The entire risk as to the 
quality and performance of the Software is borne by you. 
Should the Software prove defective, you and not Netscape 
assume the entire cost of any service and repair. In 
addition, the security mechanism implemented by the Software 
has inherent limitations, and you must determine that the 
Software sufficiently meets your requirements.  This 
disclaimer of warranty constitutes an essential part of the 
agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED 
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY 
HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY 
JURISDICTION. 
 
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 IN EXCESS OF NETSCAPE'S LIST PRICE FOR 
A LICENSE TO THE SOFTWARE, 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 TO THE EXTENT 
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME 
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL 
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION 
MAY NOT APPLY TO YOU. 
 
TERMINATION.  This license will terminate automatically if 
you fail to comply with the limitations described above.  On 
termination, you must destroy all copies of the Software. 
 
EXPORT CONTROLS.  None of the 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, Yugoslavia, 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 Deny Orders. By downloading  or using 
the Software, 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. 
 
MISCELLANEOUS. This Agreement represents the complete 
agreement concerning this license between the parties and 
supersedes all prior agreements and representations between 
them. It may be amended only by a writing executed by both 
parties. 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.  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 within California, except as governed by Federal 
law. The application the United Nations Convention of 
Contracts for the International Sale of Goods is expressly 
excluded. 
 
U.S. Government Restricted Rights.  Use, duplication or 
disclosure by the Government is subject to restrictions set 
forth in subparagraphs (a) through (d) of the Commercial 
Computer-Restricted Rights clause at FAR 52.227-19 when 
applicable, or in subparagraph (c)(1)(ii) of the Rights in 
Technical Data and Computer Software clause at DFARS 
252.227-7013, and in similar clauses in the NASA FAR 
Supplement.  Contractor/manufacturer is Netscape 
Communications Corporation, 501 East Middlefield Road, 
Mountain View, CA 94043. 
 
 

