CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE ACCEPTED BY DOWNLOADING THIS PRODUCT AND/OR CLICKING ON "ACCEPT" BELOW. THERE ARE PATENTS PENDING ON THIS PRODUCT.
Excite, Inc. ("Excite") hereby licenses Excite for Web Servers 1.1, including the documentation, for use on a non-exclusive basis, provided that the search page on the site where this product is installed contains at least one link to http://www.excite.com/navigate/. This product is licensed for a single machine by running the Install script and accepting the terms and conditions of this Agreement. Copies may be made solely to the extent that (1) the Install script is run for each machine on which the product is run or Excite is otherwise provided with the information required in the Install script, and (2) all proprietary notices are reproduced on each copy. The Perl scripts incorporated with this product may only be used in conjunction with this product and are subject to all the terms and conditions of this License Agreement, but modifications to the scripts may be made to facilitate use of this product. Disassembly and other reverse engineering of this product are strictly prohibited.
THE PRODUCT MAY NOT BE USED, COPIED OR TRANSFERED, EXCEPT AS EXPRESSLY PERMITTED BY THIS LICENSE
This license is effective until terminated. It may be terminated at any other time by destroying all complete and partial copies of the product including backup copies.This license will also terminate automatically upon conditions set forth elsewhere in this Agreement or upon failure to comply with any term or condition. Upon such termination, all complete and partial copies of the product, including all backup copies, must be destroyed.
There is no license fee for Excite for Web Servers 1.1. This Agreement does not grant you any right to any enhancement or update to the product.Enhancements and updates, if available, may be obtained at Excite's then current standard pricing, terms, and conditions, or by purchasing a maintenance contract from Excite which includes an upgrade service.
You acknowledge Excite's ownership of all rights in the product, including but not limited to the Perl scripts. Title, ownership rights, and intellectual property rights in and to the content accessed through the product is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement grants no rights to such content.
EXCITE ASSUMES NO RESPONSIBILITY FOR THE SELECTION OF THIS PRODUCT TO ACHIEVE ANY INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THIS PRODUCT AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THIS PRODUCT. ARCHITEXT LICENSES THIS PRODUCT "AS IS" AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS PRODUCT WILL MEET ANY REQUIREMENTS, THAT THE PROGRAM IS FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.
ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF DELIVERY OF THIS PRODUCT.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL EXCITE BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF ANY USE OR INABILITY TO USE THIS PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
None of this product or underlying information or technology may be exported or reexported into Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods. In the event the Federal Acquisition Regulations ("FAR") or DFARS is applicable to this Agreement, this product is provided only with "Restricted Rights"as defined in Sec. 52.227- 19 or Sec. 252.227-7013(c)(1)(ii), respectively, as applicable. Excite is not responsible for paying any sales or use tax imposed at any time whatsoever on the license of this product.
THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELATING TO THE USE OF THIS PRODUCT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Contact Excite, Inc. as follows with any questions:
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