IMPORTANT  This is an agreement between you and TUCOWS Interactive Ltd.  Please read it carefully before proceeding. This agreement provides you with rights described below to use the software programs contained on the "Best of Tucows" CD-ROM (the "Software"). Accept only if you agree to all terms.

BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT CLICK THE "DO NOT ACCEPT" BUTTON AND THE SOFTWARE WILL NOT CONTINUE.

1.  PERMITTED USE.  The Licensor hereby grants to you a personal, non-transferable and non-exclusive right to use the Software solely in object code format, solely for your own internal business or personal purposes and solely on a single computer at any one time.  If you wish to use The Software on additional computers, you must obtain a separate licence for each.

2.  RESTRICTIONS ON USE.  You agree that you will not: (a) copy the Software except that you may make one copy of The Software solely for backup purposes; (b) assign this Agreement of transfer, lease, export or grant a sublicence of The Software or the licence contained herein to any other party unless authorized by the Licensor in writing; (c) network The Software or otherwise use it on more than one computer system at any one time; (d) reverse engineer, demcompile or disassemble The Software; (e) use the Software except as authorized herein; and, (f) permit third parties to use The Software in any way that would constitute breach of this Agreement.

3.  OWNERSHIP AND COPYRIGHT.  The Licensor and its suppliers are the owners of all intellectual property rights in The Software, related written materials, logos, names and other support materials furnished in this package.  No title to the intellectual property in The Software, magnetic media or any other material provided therewith is transferred to you by this Agreement.

4.  NETSCAPE NAVIGATOR SOFTWARE. Contrary to the license agreement that will be displayed when installing all versions of Netscape Navigator software that forms part of the Software, the versions of Netscape Navigator contained herein are fully licensed, not trial licensed, as per Part II of the Netscape Navigator license attached hereto and all distributions of Netscape Navigator are being made with the permission and agreement of Netscape Communications Corporation. The Netscape Navigator license agreement attached below governs the licensing of that software.

5.  LIMITED WARRANTY.  The Licensor warrants to you that the media on which the Software is recorded is free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery assumed to be seven days from the date of shipping.

THE SOFTWARE AND RELATED MATERIAL IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE LICENSOR DOWS NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE ERROR-FREE.

IN NO EVENT SHALL THE LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

6.  LIMITATION OF REMEDIES.  The Licensor's entire liability and your exclusive remedy shall be:

(a)  refund of the purchase price, less any shipping costs if The Software package is unopened and the package is returned to the Licensor within ten (10) days with proof of the purchase;
(b)  the replacement of any media not meeting the Limited Warranty herein which is returned to the Licensor within thirty (30) days with proof of purchase;or,
(c)  termination of this Licence Agreement.

7.  TERMINATION.  This Agreement is effective until terminated.  You may terminate this Agreement at any time by destroying all copies of The Software and related materials.  The Licensor may terminate this licence without notice to you if you fail to comply with any of its terms.  Any such termination by the Licensor shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedies.  Upon receipt by you written notice of termination from the Licensor or termination by you, you shall immediately (a) cease using The Software; (b) return to TUCOWS International Ltd. Or the Licensor  The Software and all written documentation and all magnetic media provided to you (or destroy all copies thereof in your possession); and (c) within five (5) days thereafter, provide the Licensor with a written confirmation that you have complied with the foregoing.  The provisions of Sections 2, 4 and 6 herein shall survive termination of this Agreement.

8. MISCELLANEOUS.  This is the entire agreement between you and the Licensor pertaining to your right to use The Software, and supersedes all prior or collateral oral or written representations or agreements related thereto.  In the event that one or more of the provisions if found to be illegal or unenforecable, this Agreement shall not be rendered inoperative but the remaining provisions shall continue in full force and effect.  This Agreement shall be governed by the laws of the Province of Ontario, Canada.

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.) IF THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A PRINTED OR OTHER FORM OF "HARD-COPY" END USER LICENSE AGREEMENT WHOSE TERMS VARY FROM THIS AGREEMENT, THEN THE HARD-COPY END USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE SOFTWARE.

    NETSCAPE CLIENT SOFTWARE END USER LICENSE AGREEMENT
           REDISTRIBUTION OR RENTAL NOT PERMITTED

This Agreement sets forth the terms and conditions of your use of the accompanying Netscape client software product(s) (the "Software"). Any third party software that is provided with the Software with such third party's license agreement (in either electronic or printed form) is included for use at your option. If you choose to use such software, then such use shall be
governed by such third party's license and not by this Agreement. This Agreement has 3 parts. Part I applies if you have a free of charge license to the Software. Part II applies if you have purchased a license to the Software. Part III applies to all license grants. If you initially acquired a copy of the Software free of charge and you wish to purchase a license, contact Netscape Communications Corporation ("Netscape") on the Internet at http://home.netscape.com. As used in this Agreement, for residents of Europe, the Middle East and Africa, "Netscape" shall refer to Netscape Communications Ireland Limited; for residents of Japan, "Netscape" shall refer to Netscape
Communications (Japan), Ltd.; for residents of all other countries, "Netscape" shall refer to Netscape Communications Corporation. For purposes of this Agreement, "Licensor" shall be defined as follows: If you have acquired a third party product or service and such product or service included the Software, then
such third party shall be the Licensor. Otherwise, Netscape shall be the Licensor.

PART I - TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID
(LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE)

LICENSE GRANT.  Licensor grants you a non-exclusive license to use the Software free of charge if (a) you are a student, faculty member or staff member of an educational institution (K-12, junior college, college or university, or the international equivalent, or a library), a staff member of a religious 
organization or an employee of an organization which meets Licensor's criteria for 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 ninety (90) days; evaluation use by others is not subject to this ninety (90) day limit. Government agencies (other than public libraries) are not considered educational, religious or charitable non-profit organizations for purposes of this Agreement. If you are using the Software free of charge, you 
are not entitled to hard-copy documentation, support or telephone assistance. If you fit within the description above, you may use the Software in the manner described in Part III below under "Scope of Grant."

DISCLAIMER OF WARRANTY.  Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective in any respect, you and not Licensor or its suppliers assume the entire cost of any service and repair. In addition, the security mechanisms implemented by the Software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the Software without payment of license fees to Licensor is authorized hereunder except under this Disclaimer.

PART II - TERMS APPLICABLE WHEN LICENSE FEES PAID

LICENSE GRANT.  Subject to payment of applicable license fees, Licensor grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant."

LIMITED WARRANTY.  Licensor warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Licensor does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by the Software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. Licensor also warrants that the media containing the Software, if provided by Licensor, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Licensor's sole
liability for any breach of this warranty shall be, in Licensor's sole discretion: (i) to replace your defective media or Software; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of delivery to you of the
repaired or replaced Software, or (b) Licensor advised you how to operate the Software so as to achieve substantially the same functionality described in the Documentation.

Only if you inform Licensor of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will Licensor be obligated to honor this warranty. Licensor will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within
thirty (30) days of being so notified. 

If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately terminate. Moreover, this warranty shall not apply if the Software is used on or in
conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation. 

THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY LICENSOR OR ITS SUPPLIERS. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS
AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. 

PART III - TERMS APPLICABLE TO ALL LICENSE GRANTS

SCOPE OF LICENSE GRANT.

You may:

* use the Software on any single computer;

* use the Software on a second computer so long as only one (1) copy is used at a time;

* use the Software on a network, provided that a licensed copy of the Software has been acquired for each person permitted to access the Software through the network; 

* make a single copy the Software for archival purposes, provided the copy contains all of the original Software's proprietary notices; or

* if you have purchased a license for multiple copies of the Software, make the total number of copies of Software (but not the Documentation) stated on the packing slip(s), invoice(s), or Certificate(s) of Authenticity, provided any copy must contain all of the original Software's proprietary notices. The
number of copies on the packing slip(s), invoice(s), or Certificate(s) of Authenticity is the total number of copies that may be made for all platforms. Additional copies of Documentation may be purchased from Licensor.

You may not:

* permit other individuals to use the Software except under the terms listed above;

* permit concurrent use of the Software;

* modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software; 

* copy the Software other than as specified above;

* rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or

* remove any proprietary notices or labels on the Software.

ENCRYPTION.  If the Software contains cryptographic features, then you may wish to obtain a signed digital certificate from a certificate authority or a certificate server in order to utilize certain of the cryptographic features. You may be charged additional fees for certification services. You are
responsible for maintaining the security of the environment in which the Software is used and the integrity of the private key file used with the Software. In addition, the use of digital certificates is subject to the terms specified by the certificate provider, and there are inherent limitations in the capabilities of digital certificates. If you are sending or receiving digital
certificates, you are responsible for familiarizing yourself with and evaluating such terms and limitations. If the Software is a Netscape product with Fortezza, you will also need to obtain PC Card Readers and Fortezza Crypto Cards to enable the Fortezza features.

TITLE.  Title, ownership rights, and intellectual property rights in the Software shall remain in Netscape and/or its suppliers. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content.

TERMINATION.  This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation.

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, 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 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. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Software.

If the Software 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 SOFTWARE 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 SOFTWARE, 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 LICENSOR 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 LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'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 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES.  The Software is not fault-tolerant and is 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 Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor 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 license granted hereunder and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN
YOUR PURCHASE ORDER. 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 of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

U.S. GOVERNMENT END USERS.  The Software 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 Software with only those rights set forth herein.


Netscape Client Software EULA		Rev. 072197