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1. RELATIONSHIP. Your participation in the Netscape DevEdge Program (the "Program") does not create any partnership, joint venture or agency relationship between you and Netscape Communications Corporation ("Netscape"). Neither Netscape nor you have the power to direct or control the day to day activities of the other or to create or assume any obligation on behalf of the other.
2. PRODUCT LICENSE. Products received from Netscape as a part of this Program are for in-house development use only and may not be distributed or resold. They can not be used for any production application inside or outside the firewall. All products are subject to, and you agree to be bound by, the terms and conditions of the Netscape license agreement accompanying the products.
3. EXPORT CONTROLS. You understand that Netscape is subject to certain export control laws. Netscape's obligation to provide any products or services to you and your rights to use such products will be subject to compliance with these laws. If a special license is required in connection with Netscape's export or your use of Netscape products, Netscape will have no obligation to obtain such a license.
4. NETSCAPE TRADEMARKS. Your participation in this Program does not entitle you to use the Netscape name or any Netscape trademarks or logos, except that you may make a statement in materials relating to your product that your product is compatible with the specific Netscape product(s) received under this Program. All such references must contain appropriate trademark notices. You may not in any way indicate that Netscape endorses your product or is the source of your product.
5. WARRANTY. Except for any express limited warranty that may accompany a product, Netscape makes and you receive no warranty express, implied, statutory or otherwise regarding the products or any information provided to you by Netscape and Netscape SPECIFICALLY DISCLAIMS WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
6. CONFIDENTIALITY. You agree not to disclose any information you receive from Netscape that is identified in some manner as being confidential or proprietary to any third parties except to employees who have a need to know such information in connection with developing applications under this Program. You agree that a violation of this provision may result in irreparable harm to Netscape and will entitle Netscape to obtain injunctive relief without the necessity of proving actual damages, in addition to any other remedy which Netscape may have.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL NETSCAPE BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR FOR ANY LOSS OF DATA, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO THIS PROGRAM OR ANY NETSCAPE PRODUCTS OR SERVICES EVEN IF NETSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. PROGRAM CHANGES. Netscape reserves the right to change the terms of the Program and Program policies or discontinue the Program at any time without notice to you other than the posting of such changes on Netscape's web site. You agree to meet and follow all then-current terms and conditions of the Program. Netscape may terminate your participation at any time at its sole discretion. No refund or partial refund of any annual fee will be made for any reason.
9. GENERAL. This Program is governed by the laws of the State of California without reference to its conflict of law principles. If any provision of these terms and conditions is held to be unenforceable it shall be severed and shall not affect the enforceability of the remaining provisions. You may not assign or transfer your rights to participate in the Program to any third party.
You certify that all of the information supplied in this application is correct and by submitting this application you agree to the above terms and conditions.
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