{"id":42620,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/oem-license-agreement-oracle-corp-and-netscape-communications.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"oem-license-agreement-oracle-corp-and-netscape-communications","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/oem-license-agreement-oracle-corp-and-netscape-communications.html","title":{"rendered":"OEM License Agreement – Oracle Corp. and Netscape Communications Corp."},"content":{"rendered":"\n NETSCAPE COMMUNICATIONS CORPORATION\n AND\n ORACLE CORPORATION\n OEM LICENSE AGREEMENT\n\n No.________________\n\nThis OEM License Agreement (\"Agreement\") is entered into by and between Oracle\nCorporation, a company organized under the laws of Delaware, with principal\noffices at 500 Oracle Parkway, Redwood Shores, CA 94065 (\"Oracle\"), and the\nNetscape entity identified below as a signatory to the Agreement (\"Netscape\"),\neffective as of the date of execution by Netscape (\"Effective Date\").\n\nWHEREAS, Oracle markets and distributes computer software products.\n\nWHEREAS, Netscape has proprietary or remarketing rights to certain computer\nsoftware products.\n\nWHEREAS, Netscape wishes to grant to Oracle and Oracle desires to obtain certain\nlicense rights to such computer software products more particularly described\nbelow in accordance with the terms and conditions of this Agreement.\n\nNOW, THEREFORE, in consideration of the mutual covenants contained herein, the\nparties agree to the following terms and conditions, which set forth the rights,\nduties, and obligations of the parties.\n\n1. Definitions\n\nFor purposes of this Agreement, the following terms shall have the following\nmeanings:\n\n1.1. \"Exhibit(s)\" means the Exhibits to this Agreement which are attached hereto\nand incorporated herein:\n\n 1.1.1 Exhibit A (Description of Netscape Products) which sets forth a\n description of each Netscape Product licensed hereunder.\n\n 1.1.2 Exhibit B (Pricing, Payment Schedules and Deliverables) which sets\n forth pricing for Oracle, payment schedules, and specific items to\n be delivered to Oracle.\n\n 1.1.3 Exhibit C (Netscape's End User License Agreement) which sets forth\n Netscape's terms and conditions of licensing applicable to an end\n user customer.\n\n 1.1.4 Exhibit D (OEM Maintenance and Support) which sets forth Netscape's\n and Oracle's maintenance and support obligations.\n\n 1.1.5 Exhibit E-1 (Oracle Preferred Product(s)) which sets forth a\n description of Oracle Products which may be bundled with the\n Netscape Preferred Product in accordance with Section 3.1. Exhibit\n E-2 (Oracle Non-Preferred Product(s)) which sets forth a description\n of Oracle Products which may be bundled with the Netscape Products.\n\n 1.1.6 Exhibit F (Netscape Trademark Usage Guidelines)\n\n 1.1.7 Exhibit G (Third Party Code)\n\n\n 1\n\n\n 1.1.8 Exhibit H (Oracle Subsidiaries)\n\n1.2 \"Derivative Work(s)\" means a revision, modification, translation,\nabridgment, condensation or expansion of a Netscape Product or Documentation or\nany form in which a Netscape Product or Documentation may be recast,\ntransformed, or adapted, which, if prepared without the consent of Netscape,\nwould be a copyright infringement.\n\n1.3 \"Distributor\" means any third party appointed by Oracle or Subsidiaries\npursuant to this Agreement to distribute the Netscape Products to End Users in\naccordance with the terms hereof. For the purposes of this Agreement, where\napplicable, \"Distributors\" shall be deemed to include \"Subsidiaries.\"\n\n1.4 \"Documentation\" means those software user manuals, reference manuals and\ninstallation guides, or portions thereof, which are distributed in conjunction\nwith the Netscape Products set forth in Exhibit A.\n\n1.5 \"End User\" means any third party licensed by Oracle or a Distributor to use,\nbut not to further distribute, the Netscape Products except that if such third\nparty is a corporation or other entity, then, for the purpose of license fee\naccrual, \"End User\" means each individual within such corporation or entity\nlicensed by Oracle pursuant to this Agreement to use, but not to further\ndistribute, the Netscape Product.\n\n1.6 \"Major and Minor Updates\" mean updates, if any, to the Netscape Products.\nMajor Updates involve additions of substantial functionality while Minor Updates\ndo not. Major Updates are designated by a change in the number to the left of\nthe decimal point of the number appearing after the product name while Minor\nUpdates are designated by a change in such number to the right of the decimal\npoint. Netscape is the sole determiner of the availability and designation of an\nupdate as a Major or Minor Update. Major Updates exclude software releases which\nare reasonably designated by Netscape as new products. Where used herein\n\"Updates\" shall mean Major Updates or Minor Updates interchangeably.\n\n1.7 \"Netscape Preferred Product\" means Netscape Navigator 3.0 or subsequent\nversions and Navio client products upon their production release\/FCS (First\nCustomer Ship).\n\n1.8 \"Netscape Product(s)\" means the executable version (but not the source code\nversion) of the computer software products listed or described in Exhibit A as\nNetscape may update and provide hereunder from time to time.\n\n1.9 \"Subsidiaries\" means Network Computer Inc. and Oracle's wholly-owned or\nmajority-owned subsidiaries (which are not Competitors of Netscape) as listed on\nExhibit H, attached hereto, to be updated in writing by Oracle from time to\ntime. For the purposes of this Agreement, \"Competitors\" shall mean Microsoft,\nSpyglass and such other companies as mutually agreed to by the parties. All\npayments or reports to Netscape under this Agreement shall be made or submitted\nby Oracle. Oracle shall be responsible for any breach of the terms of this\nAgreement by Subsidiaries.\n\n1.10 \"Program Errors\" means one or more reproducible deviations in the Netscape\nProducts from the applicable specifications shown in the Documentation.\n\n1.11 \"Oracle Product(s)\" means Oracle's or Subsidiaries' computer products\ndeveloped and marketed by Oracle and\/or Subsidiaries, as described in Exhibits\nE-1 and E-2, with which the Netscape Products are distributed under this\nAgreement.\n\n\n 2\n\n\n2. Grant Of Licenses and Rights\n\n2.1. Licenses\n\n 2.1.1 License. Subject to the terms and conditions of this Agreement,\n Netscape hereby grants and Oracle hereby accepts, a nonexclusive and\n nontransferable worldwide right and license to (i) reproduce,\n without change, the Netscape Products (in executable form only) on\n any tangible media with a right to sublicense this right to\n reproduce to Subsidiaries and\/or Distributors and (ii) distribute by\n sublicense such Netscape Product copies to Subsidiaries and\/or\n Distributors and\/or End Users only in conjunction with an Oracle\n Product. Oracle is expressly prohibited from any marketing and\/or\n distribution of Netscape Products unless each copy is bundled with\n an Oracle Product. Oracle may grant Distributors the rights under\n this Subsection 2.1.1 to other Distributors regardless of tier and\n Oracle and all Distributors shall have the right to distribute the\n Netscape Products to End Users. Oracle may grant End Users the right\n to copy the Netscape Product bundled with any Oracle Product except\n for the Oracle Network Computer so long as such End User also\n receives the right to copy for the Oracle Product. Each copy of the\n Netscape Product (i) distributed hereunder to an End User or (ii)\n which an End User with a right to copy has the right to make\n hereunder shall be deemed a \"shipment\" of an Oracle Product with the\n Netscape Product under Section 4.1.1. In addition, Netscape grants\n Oracle a royalty free license to use 100 copies of Netscape\n Navigator LAN (object code) solely for internet development purposes\n and not for redistribution. At Oracle's written request for\n electronic distribution rights under this Agreement, Netscape agrees\n not to unreasonably withhold permission therefor.\n\n 2.1.2 License Restrictions. Subject to Sections 14.11 and 14.12, Oracle\n agrees not to copy (except as expressly permitted herein), modify,\n translate, decompile, reverse engineer, disassemble, or otherwise\n determine or attempt to determine source code for the executable\n code of the Netscape Products or to create any Derivative Works\n based upon the Netscape Products or Documentation, and agrees not to\n permit or authorize anyone else to do so; provided, however, that if\n Oracle's address set forth above is located within a Member State of\n the European Union, then such activities shall be permitted solely\n to the extent, if any, permitted by Article 6 of the Council\n Directive of 14 May 1991 on the legal protection of computer\n programs, and implementing legislation thereunder.\n\n 2.1.3 Documentation License. Subject to the terms and conditions of this\n Agreement, Netscape hereby grants and Oracle hereby accepts a\n nonexclusive and nontransferable worldwide right and license, in\n accordance with Subsection 2.1.1 above, to use and reproduce the\n Documentation, and to distribute the Documentation solely in\n conjunction with the Netscape Products. Such distribution may be to\n Distributors and End Users.\n\n 2.1.4 Licenses Dependent on Bundling. The licenses granted in Section\n 2.1.1 are conditional upon bundling each Netscape Product as\n required therein. If Oracle fails to so bundle the Netscape\n Products, and licenses a Netscape Product on a \"stand-alone\" basis,\n the licenses shall be immediately revocable by Netscape in addition\n to any other remedies Netscape may have.\n\n 2.1.5 Third Party License. If all or any part of the Netscape Products or\n Updates delivered to Oracle has been licensed to Netscape by a third\n party software supplier then, notwithstanding anything to the\n contrary contained in this\n\n\n 3\n\n\n Agreement, Oracle is granted a sublicense to the third party\n software subject to the same terms and conditions as those contained\n in the agreement between Netscape and such third party software\n supplier. In addition, Netscape reserves the right to substitute any\n third party software in the Netscape Products so long as the new\n third party software does not materially affect the functionality of\n the Netscape Products. Netscape represents that the current release\n of the Netscape Products contains no third party software which\n would require Oracle to agree to any terms and conditions in\n addition to those set forth in this Agreement.\n\n 2.1.6 Trial Licenses for Evaluation. During the term of this Agreement,\n Oracle and\/or its Distributors and\/or Subsidiaries may distribute,\n up to a maximum combined total of fifty (50) licenses pursuant to\n Sections 2.1.1 and 2.1.3 solely for purposes of evaluation at no\n license fee (\"Trial Licenses\"). Each Trial License shall not exceed\n a period of sixty (60) consecutive days per customer from the date\n of delivery of the Netscape Product to such customer. A customer may\n be a prospective End User or Distributor. Oracle shall pay Netscape\n the applicable license fees for any Trial Licenses in excess of\n sixty (60) days. Each such Trial License shall be sublicensed under\n an End User License Agreement which provides for such trial use.\n\n2.2 Export\n\n Oracle shall and shall require its Distributors to comply fully with all\nthen current applicable laws, rules and regulations relating to the export of\ntechnical data, including, but not limited to any regulations of the United\nStates Office of Export Administration and other applicable governmental\nagencies and Oracle acknowledges that by virtue of certain security technology\nembedded in the Netscape Products, that export of such software may not be\nlegal. Oracle shall and shall require its Distributors to conspicuously mark all\npackaging containing the Netscape Products identified by Netscape as not for\nexport with a \"Not For Export\" notice. Netscape agrees to cooperate in providing\ninformation requested by Oracle as necessary to obtain any required licenses and\napprovals. When distributing the Netscape Products and Documentation in\ncountries where an enforceable copyright law covering the same does not exist,\nOracle or its Distributors shall obtain a written agreement signed by the\ncustomer prohibiting the customer from making unauthorized copies of the same.\n\n Oracle warrants that neither it nor its Distributors will grant\nsublicenses in or ship any Netscape Products to a country until it (or the\nDistributor) has completed all necessary government formalities in such country\nand upon reasonable request by Netscape, Oracle (or its Distributor) provides\nevidence of completion of such formalities to Netscape. Oracle will indemnify\nNetscape for any losses, costs, liability, and damages incurred by Netscape as a\nresult of a failure by Oracle or its Distributors to comply with the necessary\ngovernment requirements in any country. The obligations under this Section shall\nsurvive the expiration or termination of this Agreement. Upon Netscape's\nreasonable request, Oracle shall make records available to Netscape to allow\nNetscape to confirm Oracle's compliance with this Section.\n\n To the extent that Netscape discontinues licensing the Netscape Products\nin certain countries and denies other resellers the right to sublicense in such\ncountries, Netscape may from time to time deny Oracle the right to sublicense in\nsuch certain countries in order to protect Netscape's interests if, in the\nreasonable opinion of Netscape's counsel, such countries (i) do not provide\nadequate protection for Netscape's proprietary rights through copyright, trade\nsecret, patent, or other laws; or (ii) have laws or regulations or the\ngovernment has committed acts which in the opinion of Netscape's counsel, are\ninjurious to Netscape's interests in the Netscape Products.\n\n\n 4\n\n\n3. Marketing and Distribution\n\n3.1 Nonexclusivity of Arrangement\n\n In consideration for the promises contained herein, beginning on the\nEffective Date of this Agreement until the Renewal Date, Oracle agrees that with\nrespect to Oracle Preferred Products, Netscape Product (Exhibits A and B) shall\nbe the preferred software to be bundled with the Oracle Preferred Products in\ncases where such third party non-Oracle software is bundled. For purposes of\nthis Agreement, the term \"preferred\" means that the only third party non-Oracle\nsoftware primarily designed for viewing HTML documents over standard Internet\nprotocols that Oracle shall bundle with the Oracle Preferred Products shall be\nNetscape Product (Exhibits A and B); provided, however, that if an End User\nspecifically requests that a third party product with Internet browser\nfunctionality be provided with any Oracle Preferred Product, Oracle may provide\nsuch third party product with the Oracle Preferred Product solely for such\nEnd-User. In addition, subject to the applicable terms and conditions of this\nAgreement, Oracle shall have the right at its sole discretion to bundle Netscape\nProducts (Exhibits A and B) on a non-preferred basis with the Oracle\nNon-Preferred Products.\n\n For the time period set forth above, Oracle agrees to make commercially\nreasonable efforts to treat Netscape Product at least as favorably as it treats\nany other third party products distributed with Oracle Preferred Products that\nare competitive with the Netscape Product. Specifically, such third party\nproduct will not be shipped by default under the or with the Oracle Preferred\nProducts.\n\n3.2 Public Announcements and Promotional Materials\n\n Netscape and Oracle shall cooperate with each other so that each party may\nissue a press release concerning this Agreement on a mutually agreed upon\nrelease date, provided that each party must approve, in writing, such press\nrelease prior to its release. Netscape shall cooperate with Oracle in its\ndevelopment of the initial marketing and sales materials used to promote the\ndistribution of the Netscape Products.\n\n3.3 Terms Relating to Distribution\n\n 3.3.1 General Restrictions on Distribution\n\n Oracle agrees to comply with and shall require its Distributors to\n comply with all applicable laws, rules and regulations to preclude\n the acquisition of unlimited rights to technical data, software and\n documentation provided with the Netscape Product to a governmental\n agency, and ensure the inclusion of the appropriate \"U.S. Government\n End Users\" notices required by the U.S. Government agencies or other\n applicable agencies.\n\n 3.3.2 Distributor License Agreement\n\n Oracle shall procure from each Distributor an executed copy of a\n distribution license (\"Distributor License Agreement\") sufficient to\n ensure that such Distributors are required to comply with the\n relevant terms of this Agreement.\n\n 3.3.3 End User License Agreements\n\n Oracle and its Distributors shall distribute the Netscape Products\n to End Users only under the terms of, and shall ensure that the\n Netscape Products are subject to, applicable end user license\n agreements with terms at least as restrictive as\n\n\n 5\n\n\n those set forth in the end user license agreement attached hereto as\n Exhibit C (\"End User License Agreement\").\n\n 3.3.4 Third Party Requirements. In the event that Netscape is required by\n a third party software supplier to cease and to cause its licensees\n to cease reproduction and distribution of a particular revision of\n the Netscape Products, Oracle agrees to comply herewith provided\n Netscape provides Oracle with thirty (30) days prior written notice\n and further provided Netscape replaces such affected Netscape\n Product with a functionally equivalent Netscape Product as soon as\n commercially practicable, before Oracle is required to cease\n reproduction and distribution of such third party software.\n\n3.4 Enforcement of Sublicense Agreements\n\n Oracle and its Distributors shall use commercially reasonable efforts to\nenforce each Distributor License Agreement and End User License Agreement,\nwhichever may be relevant, with at least the same degree of diligence used in\nenforcing similar agreements governing others, which in any event shall be that\nsufficient to adequately enforce such agreements. Oracle shall use commercially\nreasonable efforts to protect Netscape's copyright, shall notify Netscape of any\nbreach of a material obligation under a Distributor License Agreement or an End\nUser License Agreement affecting Netscape Products, and will cooperate with\nNetscape in any legal action to prevent or stop unauthorized use, reproduction\nor distribution of Netscape Products.\n\n4. Fees and Payment\n\n4.1 Prepaid License Fees\n\n 4.1.1 Oracle shall pay to Netscape the non-refundable prepaid license fees\n (\"Prepaid License Fees\") specified in Exhibit B hereto. Upon\n exhaustion of the Prepaid License Fees, Oracle shall pay to Netscape\n the license fee specified in Exhibit B for each license granted by\n Oracle and\/or Distributors to End Users in connection with the\n distribution of all or any portion of a Netscape Product or Update.\n Subject to the terms of this Agreement, the Prepaid License Fees\n shall be credited against the license fees accruing under this\n Agreement during the Initial Term of the Agreement. License fees\n shall accrue for any license to a Netscape Product at the time\n revenue is recognized by Oracle for shipment of an Oracle Product\n with the Netscape Product. In the event that Oracle distributes (i)\n at no charge Oracle Products containing the Netscape Product or (ii)\n Oracle Products containing the Netscape Product which Oracle does\n not intend to recognize revenue on at time of shipment, license fee\n hereunder shall still accrue at the time of shipment.\n\n 4.1.2 Service Fees. Oracle shall pay to Netscape the service fees set\n forth in Exhibit B for maintenance and support services described in\n Exhibit D hereto.\n\n4.2 Payment and Taxes\n\n 4.2.1 Payments. All payments shall be made in United States dollars, at\n Netscape's option, (i) at Netscape's address as indicated in this\n Agreement or at such other address as Netscape may from time to time\n indicate by proper notice hereunder or (ii) by wire transfer to a\n bank and account number designated by Netscape. Payments, if any,\n shall accompany the applicable quarterly report under Section 4.3.\n\n\n 6\n\n\n 4.2.2 Taxes. All prices are in U.S. Dollars and are exclusive of any\n applicable taxes. Oracle shall pay, indemnify and hold Netscape\n harmless from all import duties, customs fees, levies or imposts,\n and all sales, use, value added or other taxes of any nature, other\n than taxes on Netscape's net income, including penalties and\n interest, and all government permit or license fees assessed upon or\n with respect to any products sold or licensed to Oracle and any\n services rendered to Oracle (except to the extent Oracle provides\n Netscape with a valid tax exemption certificate). If any applicable\n law requires Oracle to withhold amounts from any payments to\n Netscape hereunder, Oracle shall effect such withholding, remit such\n amounts to the appropriate taxing authorities and promptly furnish\n Netscape with tax receipts evidencing the payments of such amounts.\n\n4.3 Quarterly Reports\n\n To the extent permitted and consistent with Oracle's standard business\npractices, Oracle and its Distributors shall maintain accurate records of\ndistribution to Distributors and\/or End Users pursuant to Section 2.1.1 (ii) by\nCountry and Zip Code\/Country Code, description of Netscape Product and quantity,\nand any further information as Netscape may from time to time reasonably\nrequest. Oracle shall report to Netscape within forty-five (45) calendar days\nafter the end of each Oracle fiscal quarter, the type, if applicable, and number\nof licenses granted for the Netscape Products during such prior quarter by\nOracle to Distributors and End Users including zip\/postal code and\/or country\ntherefor. Oracle shall require its Distributors and each Distributor shall\nrequire its Distributors to report this information to Oracle on a quarterly\nbasis and Oracle will include it in the report for the quarter in which Oracle\nreceived the information. For the purposes of this Agreement, \"Oracle fiscal\nquarter\" commences on the first day of June, September, December and March of\neach year during the term of this Agreement.\n\n4.4 Audit of Records\n\n 4.4.1 Oracle shall keep and maintain full, true, and accurate records\n containing all data reasonably required for verification of amounts\n to be paid, and the quantity of Netscape Products distributed.\n Netscape shall have the right, no more than once every year during\n normal business hours upon at least thirty (30) days prior notice,\n to audit and analyze, by a nationally recognized independent public\n accounting firm, the relevant records of Oracle to verify compliance\n with the provisions of this Agreement. The audit shall be conducted\n at Netscape's expense unless the results of such audit establish\n that inaccuracies have resulted in underpayment to Netscape of more\n than five percent (5%) of the amount actually due, in which case\n Oracle shall pay all amounts due and bear the expenses of the audit.\n Results of such audit will be held confidential.\n\n 4.4.2 Upon Netscape's request that Oracle perform an audit of any first\n tier Distributor's books and records with respect to distribution of\n the Netscape Products, Oracle shall promptly perform such audit at\n its own cost, or provide Netscape with written notice of its\n election not to audit such Distributor and permit Netscape, at\n Netscape's cost and with reasonable assistance from Oracle, to audit\n such Distributor. Netscape shall be responsible for the reasonable\n expenses associated with such audit unless the results of such audit\n establish that inaccuracies have resulted in underpayment to\n Netscape of more than five percent (5%) of the amount actually due,\n in which case Oracle shall pay all amounts due and bear the expenses\n of the audit. Results of such audit will be held confidential.\n\n\n 7\n\n\n 4.4.3 Upon Netscape's request that Oracle perform an audit of any End\n User's books and records with respect to reproduction and use of the\n Netscape Products, Oracle shall promptly perform such audit at its\n own cost, or provide Netscape with written notice of its election\n not to audit such End User and permit Netscape, at Netscape's cost\n and with reasonable assistance from Oracle, to audit such End User.\n Netscape shall be responsible for the reasonable expenses associated\n with such audit unless the results of such audit establish that\n inaccuracies have resulted in underpayment to Netscape of more than\n five percent (5%) of the amount actually due, in which case Oracle\n shall pay all amounts due and bear the expenses of the audit.\n Results of such audit will be held confidential.\n\n5. Deliverables, Updates, and Technical Support\n\n5.1 Deliverables\n\n Netscape shall provide Oracle with the deliverables indicated in Exhibit B\n(\"Deliverables\"). All deliveries under this Agreement shall be F.C.A. Netscape.\n\"F.C.A.\" means Free Carrier Alongside and shall have the definition in INCOTERMS\n1990.\n\n5.2 Updates and Technical Support\n\n Netscape shall provide Oracle with Updates as they become available from\nNetscape at the pricing, terms and conditions specified in Exhibits B and D.\n\n6. Trademarks and Trade Names\/License to Use\n\nWhenever Oracle makes reference to the Netscape Products or the functionality of\nthe Netscape Products provided within the Oracle Product, Oracle shall use, and\nis hereby granted a worldwide non-transferable, non-exclusive and restricted\nlicense to use (with no right to sublicense), \"Netscape Navigator Included\" and\nthose Netscape trademarks and trade names relating to the applicable Netscape\nProducts in any advertising, marketing, technical or other materials related to\nsuch Netscape Products which are distributed by Oracle or its Distributors in\nconnection with this Agreement. Such use shall be in accordance with Netscape's\nthen current trademark guidelines attached hereto as Exhibit F and to be\nprovided and updated by Netscape from time to time. Oracle need not use\nNetscape's trademarks and trade names in any country in which their connotation\nis offensive and will consult with Netscape as to the foreign translation of\nNetscape trademarks and trade names so that Netscape can help ensure uniformity\nwith their use by Netscape or third parties. Oracle shall dearly indicate\nNetscape's ownership of Netscape's trademarks or trade names. All such usage\nshall inure to Netscape's benefit. Oracle agrees not to register, and agrees to\nobtain the agreement of its Distributors not to register, any Netscape\ntrademarks or trade names without Netscape's express prior written consent. Upon\nNetscape's request from time to time Oracle agrees to provide Netscape with\ncopies of goods bearing Netscape's trademarks and trade names so that Netscape\ncan verify that the quality of Oracle's use of such trademarks is comparable to\nthat of Netscape's use thereof. Oracle shall suspend use of Netscape trademarks\nand trade names if such quality is reasonably deemed inferior by Netscape until\nOracle has taken such steps as Netscape may reasonably require to solve the\nquality deficiencies. Netscape will update Oracle when trademark guidelines\nchange.\n\n7. Proprietary Rights\n\n7.1 Proprietary Rights\n\n\n 8\n\n\n Title to and ownership of all copies of the Netscape Products and\nDocumentation whether in machine-readable or printed form, and including,\nwithout limitation, Derivative Works, compilations, or collective works thereof\nand all related technical know-how and all rights therein (including without\nlimitation rights in patents, copyrights, and trade secrets applicable thereto),\nare and shall remain the exclusive property of Netscape or its suppliers. Oracle\nshall not take any action to jeopardize, limit or interfere in any manner with\nNetscape's ownership of and rights with respect to the Netscape Products and\nDocumentation. Oracle shall have only those rights in or to the Netscape\nProducts and Documentation granted to it pursuant to this Agreement.\n\n7.2 Proprietary Notices\n\n 7.2.1 No Alteration of Notices. Oracle and its employees and agents shall\n not remove or alter any trademark, trade name, copyright, or other\n proprietary notices, legends, symbols, or labels appearing on or in\n copies of the Netscape Products and Documentation delivered to\n Oracle by Netscape and shall use the same notices, legends, symbols,\n or labels in and on copies of Netscape Products and Documentation\n made pursuant to Section 2.1 as are contained in and on such\n Netscape Products and Documentation.\n\n 7.2.2 Notice. Each portion of the Netscape Products and Documentation\n reproduced by Oracle shall include the intellectual property notice\n or notices appearing in or on the corresponding portion of such\n materials as delivered by Netscape hereunder. Oracle shall and shall\n require its Distributors ensure that all copies of the Netscape\n Products made pursuant to this Agreement conspicuously display a\n notice substantially in the following form:\n\n Copyright (C) 1994 (or other appropriate year(s)), Netscape\n Communications Corporation. All Rights Reserved.\n\n If Oracle is unsure of the appropriate year(s), it shall consult\n Netscape to obtain the correct designation. Such notice shall be on\n labels on all media containing Netscape Products. If the copyright\n symbol \"(C)\" cannot technically be reproduced, Oracle shall use the\n word \"Copyright\" followed by the notation \"(c)\" in its place.\n\n8. Confidential Information and Disclosure\n\n8.1 Confidential Information\n\n Each party agrees to maintain all Confidential Information in confidence\nto the same extent that it protects its own similar Confidential Information and\nto use such Confidential Information only as permitted under this Agreement. For\npurposes of this Agreement \"Confidential Information\" shall mean information\nincluding, without limitation, computer programs, code, algorithms, know-how,\nformulas, processes, ideas, inventions (whether patentable or not), schematics\nand other technical, business, financial and product development plans,\nforecasts, strategies and information marked \"Confidential\" or if disclosed\nverbally reduced to writing within thirty (30) days of disclosure and marked as\n\"Confidential.\" Each party agrees to take all reasonable precautions to prevent\nany unauthorized disclosure or use of Confidential Information including,\nwithout limitations disclosing Confidential Information only to its employees\n(a) with a need to know to further permitted uses of such information and (b)\nwho are parties to appropriate agreements sufficient to comply with this Section\n8, and (c) who are informed of the nondisclosure\/non-use obligations imposed by\nthis Section 8 and both\n\n\n 9\n\n\nparties shall take appropriate steps to implement and enforce such\nnon-disclosure\/non-use obligations. The foregoing restrictions on disclosure and\nuse shall survive for three (3) years following termination of this Agreement\nbut shall not apply with respect to any Confidential Information which: (i) was\nor becomes publicly known through no fault of the receiving party; (ii) was\nrightfully known or becomes rightfully known to the receiving party without\nconfidential or proprietary restriction from a source other than the disclosing\nparty; (iii) is independently developed by the receiving party without the\nparticipation of individuals who have had access to the Confidential\nInformation; (iv) is approved by the disclosing party for disclosure without\nrestriction in a written document which is signed by a duly authorized officer\nof such disclosing party; and (v) the receiving party is legally compelled to\ndisclose; provided, however, that prior to any such compelled disclosure, the\nreceiving party will (a) assert the privileged and confidential nature of the\nConfidential Information against the third party seeking disclosure and (b)\ncooperate fully with the disclosing party in protecting against any such\ndisclosure and\/or obtaining a protective order narrowing the scope of such\ndisclosure and\/or use of the Confidential Information. In the event that such\nprotection against disclosure is not obtained, the receiving party will be\nentitled to disclose the Confidential Information, but only as and to the extent\nnecessary to legally comply with such compelled disclosure.\n\n8.2 Confidentiality of Agreement\n\n Unless required by law, and except to assert its rights hereunder or for\ndisclosures to its own employees on a \"need to know\" basis, both parties agree\nnot to disclose the terms of this Agreement or matters relating thereto without\nthe prior written consent of the other party, which consent shall not be\nunreasonably withheld.\n\n9. Warranties\n\n9.1. Limited Warranty\n\n Subject to the limitations set forth in this Agreement, Netscape warrants\nonly to Oracle that the Netscape Products when properly adapted, installed, and\nused will substantially conform to the specifications in the Documentation in\neffect when the Netscape Products are shipped to Oracle. Netscape's warranty and\nobligation shall extend for a period of ninety (90) days (\"Warranty Period\")\nfrom the date Netscape first delivers the Netscape Products to Oracle. All\nwarranty claims not made in writing or not received by Netscape within the time\nperiod specified above shall be deemed waived. Netscape's warranty and\nobligation is solely for the benefit of Oracle, who has no authority to extend\nthis warranty to any other person or entity. NETSCAPE MAKES NO WARRANTY THAT ALL\nERRORS OR FAILURES WILL BE CORRECTED.\n\n9.2 EXCLUSIVE WARRANTY\n\n THE EXPRESS WARRANTY SET FORTH IN SECTION 9.1 CONSTITUTES THE ONLY\nWARRANTY WITH RESPECT TO THE NETSCAPE PRODUCTS. NETSCAPE MAKES NO OTHER\nREPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND WHETHER EXPRESS OR IMPLIED\n(EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE NETSCAPE PRODUCTS.\nNETSCAPE EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR\nFITNESS FOR A PARTICULAR PURPOSE. NETSCAPE DOES NOT WARRANT THAT THE NETSCAPE\nPRODUCTS ARE ERROR-FREE OR THAT OPERATION OF THE NETSCAPE PRODUCTS WILL BE\nSECURE OR UNINTERRUPTED AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT\nTHEREOF. THERE IS ALSO NO IMPLIED WARRANTY OF NON-INFRINGEMENT; THE SOLE REMEDY\nFOR INFRINGEMENT IS PROVIDED IN SECTION 10. This subsection shall be enforceable\nto the extent allowed by applicable law.\n\n\n 10\n\n\n9.3 Defects Not Covered by Warranties\n\n Netscape shall have no obligations under the warranty provisions set forth\nin Section 9.1 if any nonconformance is caused by: (a) Oracle's incorporation,\nattachment or otherwise engagement of any attachment, feature, program, or\ndevice to the Netscape Products, or any part thereof; or (b) accident;\ntransportation; neglect or misuse; alteration, modification, or enhancement of\nthe Netscape Products by Oracle; failure to provide a suitable installation\nenvironment; use of supplies or materials not meeting specifications; use of the\nNetscape Products for other than the specific purpose for which the Netscape\nProducts are designed; use of the Netscape Products on any systems other than\nthe specified hardware platform for such Netscape Products; or Oracle's use of\ndefective media or defective duplication of the Netscape Products.\n\n9.4 Exclusive Remedy\n\n If Oracle finds what it believes to be errors or a failure of the Netscape\nProducts to meet functional specifications set forth in the Documentation in\neffect when the Netscape Products are shipped to Oracle, and provides Netscape\nwith a written report during the Warranty Period, Netscape will use reasonable\nefforts to correct promptly, at no charge to Oracle, any such errors or\nfailures. This is Oracle's sole and exclusive remedy for any express or implied\nwarranties hereunder.\n\n9.5 Warranty of Authority\n\n Each party hereby warrants that such party has the authority to enter into\nand be bound by the terms of this Agreement.\n\n10. Indemnification\n\n 10.1 Netscape shall defend and indemnify Oracle against, or settle at\nNetscape's option, any action brought against Oracle to the extent it is based\non a claim that reproduction or distribution by Oracle of the Netscape portion\nof the Netscape Products furnished hereunder within the scope of a license\ngranted hereunder directly infringes any valid patent issued as of the Effective\nDate, copyright, trademark or trade secret. Pursuant to the preceding sentence,\nNetscape will pay resulting costs, damages and legal fees finally awarded\nagainst Oracle in such action which are attributable to such claim provided that\nOracle (a) promptly (within twenty (20) days) notifies Netscape in writing of\nany such action and Netscape has sole control of the defense and all related\nsettlement negotiations, and (b) cooperates with Netscape, at Netscape's\nexpense, in defending or settling such action.\n\n 10.2 Should a Netscape Product become, or be likely to become in\nNetscape's opinion, the subject of infringement of such patent, copyright,\ntrademark or trade secret, Netscape may (i) procure for Oracle the right to\ncontinue using the same or (ii) replace or modify it to make it non-infringing,\nor if neither (i) nor (ii) is commercially practicable, (iii) terminate the\nlicense for the infringing Netscape Product and refund the license fees paid for\nthose Netscape Product. Netscape shall have no obligation or liability for any\nclaim based upon: (a) use of other than the then current, unaltered version of\nthe Netscape Product, unless the infringing portion is also in the then current,\nunaltered release, provided Netscape furnishes Oracle with a non-infringing\nversion upon Netscape's becoming aware of an infringing version; (b) use,\noperation or combination of Netscape Products with non-Netscape programs, data,\nequipment or documentation if such infringement would have been avoided but for\nsuch use, operation or combination; (c) Oracle's or its agent's activities after\nNetscape has notified Oracle that Netscape\n\n\n 11\n\n\nbelieves such activities may result in such infringement; (d) compliance with\nOracle's designs, specifications or instructions if such infringement would have\nbeen avoided but for such compliance; (e) any modifications or marking of the\nNetscape Products not specifically authorized in writing by Netscape; or (f)\nOracle's use of any trademarks other than the Netscape trademarks pursuant to\nSection 6. With respect to third party software provided with the Netscape\nProducts, Netscape shall indemnify Oracle pursuant to Subsections 10.1 and 10.2\nherein to the same extent Netscape is indemnified by such third party provided\nof the software. The foregoing states the entire liability of Netscape and the\nexclusive remedy of Oracle with respect to infringement of any intellectual\nproperty rights, whether under theory of warranty, indemnity or otherwise.\n\n 10.3 General Indemnification by Oracle. Oracle agrees to indemnify, hold\nharmless and, at Netscape's request, defend Netscape and its suppliers from and\nagainst any and all claims, liabilities, losses damages expenses and costs\n(including reasonable attorneys' fees and costs) arising out of, in connection\nwith or relating to (i) Oracle's failure to include in each End User License\nAgreement the contractual terms required to be included therein pursuant to\nSection 3.3.3 or any breach thereof by End User, or (ii) any use by Oracle or\nits Distributions or End Users of any product not provided by Netscape hereunder\nin combination or bundled with the Netscape Products if such claim or damage\nwould have been avoided but for such use in combination or bundling, or (iii)\nany defective duplication of or the use of defective media in the duplication of\nNetscape Products, or (iv) Oracle's failure to include in each Distributor\nLicense Agreement the contractual terms required to be included therein pursuant\nto Section 3.3.2 or any breach thereof by Distributor.\n\n11. Limitation of Liability\n\n 11.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT,\nINCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,\nREVENUE, DATA OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN\nACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY OR ANY OTHER PERSON HAS BEEN\nADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n\n 11.2 IN NO EVENT WILL NETSCAPE OR ITS SUPPLIERS BE LIABLE FOR (a) ANY\nREPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY ORACLE, ANY AGENT OF\nORACLE OR DISTRIBUTOR; (b) FAILURE OF THE NETSCAPE PRODUCTS TO PERFORM AS\nSPECIFIED HEREIN EXCEPT AS, AND TO THE EXTENT, OTHERWISE EXPRESSLY PROVIDED\nHEREIN; (c) FAILURE OF THE NETSCAPE PRODUCTS TO PROVIDE SECURITY; OR (d) ANY USE\nOF THE NETSCAPE PRODUCTS OR THE DOCUMENTATION OR THE RESULTS OR INFORMATION\nOBTAINED OR DECISIONS MADE BY END USERS OF THE NETSCAPE PRODUCTS OR THE\nDOCUMENTATION. THE REMEDIES PROVIDED HEREIN ARE ORACLE'S SOLE AND EXCLUSIVE\nREMEDIES.\n\n 11.3 NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY AND\nEXCEPT FOR A BREACH OF SECTIONS 8, NETSCAPE'S ENTIRE LIABILITY TO ORACLE FOR\nDAMAGES CONCERNING PERFORMANCE OR NONPERFORMANCE BY NETSCAPE OR IN ANY WAY\nRELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, AND REGARDLESS OF WHETHER THE\nCLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE\nAMOUNT RECEIVED BY NETSCAPE FROM ORACLE UNDER THIS AGREEMENT FOR THE NETSCAPE\nPRODUCT GIVING RISE TO SUCH CLAIM.\n\n 11.4 THE PROVISIONS OF THIS SECTION 11 ALLOCATE THE RISKS UNDER THIS\nAGREEMENT BETWEEN NETSCAPE AND ORACLE. NETSCAPE'S PRICING REFLECTS THIS\nALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN.\n\n\n 12\n\n\n12. Term of Agreement\n\n Unless sooner terminated under the provisions of Section 13, or otherwise\nrightfully terminated, this Agreement shall remain in effect for (a) a period of\ntwo (2) years from the date of production release\/FCS (First Customer Ship) of\nan Intel-based version of an Oracle Network Computer or (b) thirty-six (36)\nmonths after the Effective Date, whichever is earlier (\"Initial Term\"). No later\nthan twelve (12) months prior to the expiration of the Initial Term (the\n\"Renewal Date\"), the parties shall negotiate and execute an extension of this\nAgreement for an agreed upon term (\"the Subsequent Term\"); if the parties do not\nso execute an extension for a Subsequent Term, this Agreement shall terminate as\nof the end of the Initial Term.\n\n13. DEFAULT AND TERMINATION\n\n13.1 Termination for Default\n\n If either party defaults in any of its obligations under this Agreement,\nthe non-defaulting party, at its option shall have the right to terminate this\nAgreement by written notice unless, within thirty (30) calendar days after\nwritten notice of such default, the defaulting party remedies the default, or,\nin the case of a default which cannot with due diligence be cured within a\nperiod of thirty (30) calendar days, the defaulting party institutes within the\nthirty (30) calendar days steps necessary to remedy the default and thereafter\ndiligently prosecutes the same to completion. In the event Oracle breaches\nSections 2.1.1, 2.1.2, 6, 7.2 and\/or 8 of this Agreement, Netscape may\nimmediately terminate this Agreement. In the event Netscape breaches Section 8.1\nof this Agreement, Oracle may immediately terminate this Agreement.\n\n13.2 Bankruptcy\n\nEither party shall have the right to terminate this Agreement if the other party\nceases to do business in the normal course, becomes or is declared insolvent or\nbankrupt, is the subject of any proceeding relating to its liquidation or\ninsolvency which is not dismissed within ninety (90) calendar days, or makes an\nassignment for the benefit of its creditors.\n\n13.3 Effect on Rights\n\n 13.3.1 Termination of this Agreement by either party shall not act as a\n waiver of any breach of this Agreement and shall not act as a\n release of either party from any liability for breach of such\n party's obligations under this Agreement.\n\n 13.3.2 Except as specified in Sections 13.4 and 13.5 below, upon\n termination or expiration of this Agreement, all licenses for\n Netscape Products and Documentation granted under this Agreement\n shall terminate.\n\n 13.3.3 Except where otherwise specified, the rights and remedies granted\n to a party under this Agreement are cumulative and in addition to,\n and not in lieu of, any other rights or remedies which the party\n may possess at law or in equity, including without limitation\n rights or remedies under applicable patent, copyright, trade\n secrets, or proprietary rights laws, rules or regulations.\n\n13.4 Effect of Termination\n\n Within thirty (30) calendar days after termination of this Agreement,\nOracle shall either deliver to Netscape or destroy all copies of the Netscape\nProducts and Documentation (except as provided in Section 13.5) and any other\nmaterials provided by Netscape to Oracle hereunder in\n\n\n 13\n\n\nits possession or under its control, and shall furnish to Netscape an affidavit\nsigned by an authorized signatory of Oracle certifying that, to the best of its\nknowledge, such delivery or destruction has been fully effected. Notwithstanding\nthe foregoing, and provided Oracle fulfills its obligations specified in this\nAgreement with respect to such items, Oracle may continue to use and retain\ncopies of the Netscape Products and Documentation to the extent, but only to the\nextent, necessary to support and maintain Netscape Products rightfully\ndistributed to End Users by Oracle prior to termination of this Agreement.\nWithout limiting the generality of the foregoing, and provided that Oracle has\nnot breached Sections 2.1.1, 2.1.2, 6, 7.2 or 8: (i) for six (6) months\nfollowing any termination or expiration, Oracle may sublicense and distribute in\naccordance with the terms of this Agreement any inventory of the Netscape\nProduct, including work in process, on hand or in the manufacturing process at\nthe time of such termination or expiration; (ii) Oracle may continue to exercise\nthe rights and licenses granted hereunder until six (6) months after termination\nor expiration to fill any orders received by Oracle or its Distributors from End\nUsers or potential End Users prior to the effective date of termination or\nexpiration; and (iii) subject to payment of the fees set forth in Section 3 of\nExhibit B, Oracle may continue to exercise the rights and licenses granted\nhereunder as necessary to provide maintenance and technical support for End\nUsers under support agreements as of the date of any termination or expiration.\nIn the event that Oracle has breached Sections 2.1.1, 2.1.2, 6, 7.2 or 8, then\nOracle's rights under this Agreement with respect to the Netscape Products shall\nimmediately terminate. Notwithstanding any of the foregoing, Oracle shall still\nhave the right following expiration of the Agreement or termination of the\nAgreement for any cause to sublicense, provided in accordance with the terms of\nthis Agreement, any remaining inventory of the one million (1,000,000) copies of\nthe Netscape Products for which Oracle has prepaid Netscape.\n\n13.5 Continuing Obligations\n\n 13.5.1 Payment of Accrued Fees. Within sixty (60) calendar days of\n termination of this Agreement, Oracle shall, pay to Netscape all\n sums then due and owing. Any other such sums shall subsequently be\n promptly paid as they become due and owing.\n\n 13.5.2 Continuance of Sublicenses. Notwithstanding the termination of \n this Agreement, all End User sublicenses which have been properly\n granted by Oracle and Distributors pursuant to this Agreement\n prior to its termination shall survive; provided, however, that\n Oracle shall immediately terminate and shall require Distributors\n to immediately terminate an End User sublicense upon the failure\n of the End User to cure a breach of or default under the End User\n License Agreement within forty-five (45) days after written\n notification to the End User by Oracle or to Oracle by Netscape of\n End User's failure to comply with its duties and obligations under\n the applicable sections of the End User License Agreement that are\n required to be included therein pursuant to this Agreement.\n\n 13.5.3 Other Continuing Obligations. The respective rights and\n obligations of Netscape and Oracle under the provisions of\n Sections 2.1, 2, 2.2, 3, 3.1, 3.4, 4, 6, 7, 8, 9.2, 9.3, 9.4, 9.5,\n 10, 11, 13.3, 13.4, 13.5 and 14 shall survive any termination of\n this Agreement.\n\n14. General Provisions\n\n14.1 Notices\n\n Any notice, request, demand, or other communication required or permitted\nhereunder shall be in writing and shall be deemed to be properly given upon the\nearlier of (a) actual receipt by the addressee or (b) five (5) business days\nafter deposit in the mail, postage prepaid, when\n\n\n 14\n\n\nmailed by registered or certified airmail, return receipt requested, or two (2)\nbusiness days after being sent via private industry courier to the respective\nparties at the addresses set forth herein or to such other person or address as\nthe parties may from time to time designate in a writing delivered pursuant to\nthis Section 14.1. Notices to Netscape and Oracle shall be attention to: Legal\nDepartment.\n\n14.2 Waiver and Amendment\n\n The waiver by either party of a breach of or a default under any provision\nof this Agreement, shall not be construed as a waiver of any subsequent breach\nof the same or any other provision of the Agreement, nor shall any delay or\nomission on the part of either party to exercise or avail itself of any right or\nremedy that it has or may have hereunder operate as a waiver of any right or\nremedy. No amendment or modification of any provision of this Agreement shall be\neffective unless in writing and signed by a duly authorized signatory of\nNetscape and Oracle.\n\n14.3 Assignment\n\n This Agreement and the licenses granted hereunder are to a specific legal\nentity or legal person, and are not assignable by Oracle, nor are the\nobligations imposed on Oracle delegable. Any attempt to sublicense (except as\nexpressly permitted herein) assign or transfer any of the rights, duties or\nobligations under this Agreement in derogation hereof shall be null and void.\n\n14.4 Governing Law\n\n This Agreement is entered into in the State of California, U.S.A., and\nthis Agreement shall be governed by and construed in accordance with the laws of\nthe State of California, U.S.A., without reference to its conflicts of law\nprovisions. Any dispute regarding this Agreement shall be subject to the\nexclusive jurisdiction of the California state courts in and for Santa Clara\nCounty, California (or, if there is exclusive federal jurisdiction, the United\nStates District Court for the Northern District of California), and the parties\nagree to submit to the personal and exclusive jurisdiction and venue of these\ncourts. This Agreement will not be governed by the United Nations Convention of\nContracts for the International Sale of Goods, the application of which is\nhereby expressly excluded.\n\n14.5 Relationship of the Parties\n\n No agency, partnership, joint venture, or employment is created as a\nresult of this Agreement and neither Oracle nor its agents have any authority of\nany kind to bind Netscape in any respect whatsoever.\n\n14.6 Captions and Section Headings\n\n The captions and section and paragraph headings used in this Agreement are\ninserted for convenience only and shall not affect the meaning or interpretation\nof this Agreement.\n\n14.7 Severability\n\n If the application of any provision or provisions of this Agreement to any\nparticular facts of circumstances shall be held to be invalid or unenforceable\nby any court of competent jurisdiction, then (a) the validity and enforceability\nof such provision or provisions as applied to any other particular facts or\ncircumstances and the validity of other provisions of this Agreement shall not\nin any way be affected or impaired thereby and (b) such provision or provisions\nshall be reformed without further action by the parties hereto to and only to\nthe extent necessary to make\n\n\n 15\n\n\nsuch provision or provisions valid and enforceable when applied to such\nparticular facts and circumstances.\n\n14.8 Force Majeure\n\n Either party shall be excused from any delay or failure in performance\nhereunder, except the payment of monies by Oracle to Netscape, caused by reason\nof any occurrence or contingency beyond its reasonable control, including but\nnot limited to, acts of God, earthquake, labor disputes and strikes, riots, war,\nnovelty of product manufacture or other unanticipated product development\nproblems, and governmental requirements. The obligations and rights of the party\nso excused shall be extended on a day-to-day basis for the period of time equal\nto that of the underlying cause of the delay.\n\n14.9 Entire Agreement\n\n This Agreement, including the Exhibits hereto, constitutes the entire\nagreement between the parties concerning the subject matter hereof and\nsupersedes all proposals or prior agreements whether oral or written, and all\ncommunications between the parties relating to the subject matter of this\nAgreement and all past courses of dealing or industry custom. The terms and\nconditions of this Agreement shall prevail, notwithstanding any variance with\nany purchase order or other written instrument submitted by Oracle, whether\nformally rejected by Netscape.\n\n14.10 English\n\n This Agreement is in the English language only, which language shall be\ncontrolling in all respects, and all versions hereof in any other language shall\nnot be binding on the parties hereto. All communications and notices to be made\nor given pursuant to this Agreement shall be in the English language.\n\n14.11 Source Code Escrow\n\n 14.11.1 Escrow Account. Netscape has placed and agrees to maintain a\n copy of the source code and related materials (\"Source Code\")\n for the Netscape Product, including each Update, in escrow\n with Data Securities International, Inc. (the \"Escrow Agent\")\n pursuant to a Master Technology Escrow Agreement with the\n Escrow Agent dated September 1, 1995 (the \"Escrow Agreement\"),\n and, upon written request by Oracle, to permit Oracle at\n Oracle's expense to become a beneficiary of such agreement by\n execution of Exhibit A thereto.\n\n 14.11.2 License. Netscape hereby grants to Oracle a nontransferable,\n nonexclusive license to use, reproduce and modify the Source\n Code to support and maintain the Netscape Product and for no\n other purpose if Netscape is no longer in the business of\n supporting Netscape Products. Such license shall be effective\n upon the proper release of the Source Code from the Escrow\n Agent, in accordance with the terms of the Escrow Agreement.\n The object code derived from source code modified by Oracle is\n subject to the same restrictions and obligations as apply to\n Oracle with respect to the Netscape Product under this\n Agreement, including but not limited to the payment of license\n fees. Netscape shall have no obligation to support or maintain\n any Source Code modified by Oracle.\n\n 14.11.3 Ownership. Netscape shall retain all ownership rights, title\n and interest in and to the Source Code, including all patents,\n copyrights, trademarks, trade secrets and other intellectual\n property rights inherent therein.\n\n\n 16\n\n\n 14.11.4 Confidentiality\n\n 14.11.4.1 Any Source Code which Oracle receives under this\n Agreement shall be subject to the confidentiality\n provisions contained in Section 8; provided,\n however, that the restrictions set forth in Section\n 8 shall survive for a period of ten (10) years\n after the termination of this Agreement with\n respect to the Source Code.\n\n 14.11.4.2 Oracle agrees that, in addition to the provisions\n of Section 8, it will protect the confidentiality\n of the Source Code using the highest level of\n security that applies to its own most confidential\n source code.\n\n 14.11.4.3 Oracle shall be fully responsible for the conduct\n of its employees and independent contractors who\n may in any way breach the provisions of Section 8\n and this Section 14.11 as they may relate to the\n Source Code. Oracle agrees to notify Netscape\n promptly in the event of any breach of its security\n under conditions in which it would appear that the\n trade secrets represented by the Source Code were\n prejudiced or exposed to loss. Oracle shall, upon\n request of Netscape, take all other reasonable\n steps, necessary to recover any compromised trade\n secrets disclosed to or placed in the possession of\n Oracle by virtue of this Agreement. The cost of\n taking such steps shall be borne by Oracle.\n\n 14.11.4.4 Oracle acknowledges that any breach of any of its\n obligations with respect to confidentiality or use\n of Source Code hereunder is likely to cause or\n threaten irreparable harm to Netscape and,\n accordingly, Oracle agrees that in such event\n Netscape shall be entitled to equitable relief to\n protect its interest therein, including, but not\n limited to, preliminary and permanent injunctive\n relief, as well as money damages.\n\n14.12 Source Code Option\n\n Netscape hereby grants Oracle an option to license the source code version\nof the next Major Update of the Netscape Navigator 3.0 LAN version (currently\nnamed Netscape Navigator 4.0 LAN version), excluding Third Party Code, as\ndefined below (the \"Netscape Source\"), subject to the following terms (the\n\"Source Option\").\n\n 14.12.1 Option Length. The Source Option shall terminate on the 180th\n day following the date of production release\/FCS (First\n customer Ship) of the object code version of the Netscape\n Source.\n\n 14.12.2 Exercise Price. The exercise price for the Source Option shall\n be US $2,000,000 (two million dollars), to be paid to Netscape\n on the date of exercise.\n\n 14.12.3 Third Party Code. Oracle acknowledges that the Netscape Source\n may contain source code or object code licensed by Netscape\n from a third party (\"Third Party Code\"), and that Netscape\n does not have the right to sublicense Third Party Code to\n Oracle. All licenses granted hereto are subject to this\n limitation of Third Party Code. A list of Third Party Code in\n the Netscape Source as of September 1996 is set forth in\n Exhibit G. Oracle acknowledges that it shall be\n\n\n 17\n\n\n Oracle's responsibility to obtain licenses to Third Party\n Code. If Oracle exercises the Source Option, Netscape will\n make an introductory phone call to the vendor of the Third\n Party Code requesting a waiver permitting Netscape to deliver\n such Third Party Code to Oracle for the sole purpose of Oracle\n porting to a platform of any Oracle Preferred Product or\n non-Intel based Oracle Network Computer not available from\n Netscape (a \"Ported Version\"), in exchange for which Oracle\n will return the Ported Version to the Third Party Code vendor\n (if such vendor so desires). If a Third Party Code vendor\n disagrees, Netscape will provide Oracle with a name and\n contact information at the Third Party Code vendor.\n\n 14.12.4 Effect of Exercise of Source Option. Following Oracle's\n exercise of and payment for the Source Option:\n\n (a) Netscape shall grant Oracle an internal use license to\n use, reproduce and modify the Netscape Source solely in\n order to port and improve the integration between the\n Netscape Source and any Oracle Preferred Product or\n non-Intel based Oracle Network Computer and not to\n create any Derivative Work or for any other purpose. The\n Netscape Source, as modified by Oracle under this\n Section 14.12.4(a) is referred to below as the\n (\"Modified Source\"), and\n\n (b) Oracle shall return the Modified Source to Netscape at\n or prior to commercial release.\n\n (c) The rights granted to Oracle to distribute Netscape\n Products under Section 2 of the Agreement shall apply to\n the object code version of the Modified Source.\n\n (d) Oracle shall ensure that the Modified Source is of a\n quality comparable to Oracle programs and the Netscape\n Source. Oracle shall provide the Modified Source to\n Netscape prior to release of the Modified Source to\n third parties. Netscape may treat the Modified Source,\n and the object code versions compiled therefrom, as\n Netscape treats its own code.\n\n 14.12.5 No Right to Sublicense. Oracle shall not have the right to\n sublicense or distribute the Netscape Source or the Modified\n Source.\n\n 14.12.6 Protection of Source Code. The Netscape Source and Modified\n Source shall be Confidential Information governed by the terms\n of Section 8 whether or not the Source Code is marked\n \"Confidential\" by Netscape, provided however that the\n restrictions set forth in Section 8 shall survive for a period\n of ten (10) years after the date of exercise of this Source\n Option.\n\n 14.12.7 Rights Limited. This Agreement does not grant any right or\n license to Oracle other than those expressly provided herein,\n and no other grant or license is to be implied by or inferred\n from any provision of this Agreement.\n\n14.13 Porting.\n\n Notwithstanding Section 14.12, upon reasonable written notice to Netscape,\nOracle shall have the right at Oracle's expense, to access Netscape's porting\nfacilities under Netscape's standard terms and conditions therefor solely to\nport to and integrate the Netscape Preferred Product with Oracle Preferred\nProducts or non-Intel based Oracle Network Computers and not to create any\nDerivative Work or for any other purpose. Netscape Preferred Product will\ninclude the beta version thereof which Netscape generally provides porting\nfacilities access to other OEM\n\n\n 18\n\n\npartners. It is Netscape's policy to make a beta version available to Netscape's\nOEM partners only when Netscape, in its sole discretion, deems such beta version\ngenerally stable enough for distribution to such OEM partners. Examples of\nOracle's expenses, calculated based on Netscape's cost, could include computer\nequipment used for project, software tools and third party software components\nfor project, support from Netscape engineering and documentation writers for\nproject, customized quality assurance test scripts, cost for space and any\nongoing Netscape support for this project.\n\n\n 19\n\n\nIN WITNESS WHEREOF, the parties have caused this Agreement to be executed by\nduly authorized representatives of the parties effective as of the Effective\nDate.\n\n NETSCAPE COMMUNICATIONS ORACLE CORPORATION\n CORPORATION\n\n\nBy: \/s\/ Peter L.S. Currie By: \/s\/ Karen White\n ----------------------------- ------------------------------\n Signature Signature\n\n\nName: Peter L.S. Currie Name: Karen White\n --------------------------- ----------------------------\n Print or Type Print or Type\n\nTitle: SVP & CFO Title: SVP\n -------------------------- ---------------------------\n\nDate: October 17, 1996 Date: October 17, 1996\n --------------------------- ----------------------------\n\nAddress: 501 E. Middlefield Road\n Mountain View, CA 94043\n\nExhibits:\n\nExhibit A - Description of Netscape Products \nExhibit B - Pricing, Payment Schedules and Deliverables \nExhibit C - Netscape's End User License Agreements\nExhibit D - OEM Maintenance and Support \nExhibit E-1 - Oracle Preferred Products\nExhibit E-2 - Oracle Non-Preferred Products \nExhibit F - Netscape Trademark Usage Guidelines \nExhibit G - Third Party Code \nExhibit H - Oracle Subsidiaries\n\n\n 20\n\n\n EXHIBIT A\n\n NETSCAPE PRODUCT DESCRIPTIONS\n\nClient Products Platforms\n-----------------------------------------------------------------------\n\nNetscape Navigator LAN 3.0* Unix, Mac, Windows\n\n\n* The license for the Netscape Products set forth in this Agreement includes the\ncurrent and subsequent versions of the above products.\n\n\n 21\n\n\n EXHIBIT B\n\n PRICING, PAYMENT SCHEDULES AND DELIVERABLES\n\n1. Commitment and Sub-License Fee Prepayment for Netscape Products. During the\nInitial Term of this Agreement, Oracle commits to purchase and license\none-million (1,000,000) copies of the Netscape Product set forth in Section 2\nbelow. Oracle agrees to pay to Netscape a nonrefundable sub-license fee\nprepayment (\"Prepaid License Fees\") for the Netscape Products equal to\nOne-Million Dollars ($1,000,000) due and payable within ten (10) days of the\nEffective Date. After the Prepaid License Fees are fully depleted, License fees\nfor the Netscape Product will be paid in accordance with Section 2 of this\nExhibit B and Section 4 of this Agreement.\n\nIn addition, Netscape grants Oracle a royalty free License to use 100 copies of\nNetscape Navigator LAN (object code) solely for internal development purposes\nand not for redistribution. These 100 copies shall not count towards the\n1,000,000 copies in the preceding paragraph.\n\n2. Pricing for Netscape Products. The License fee for each copy of Netscape\nProduct shall be as follows:\n\nNavigator LAN 3.0 Binary* $1.00**\n\n* The license for the Netscape Products set forth in this Agreement includes the\ncurrent, and subsequent versions of the above products.\n\nMajor Updates for the Netscape Products. Major Updates for the Netscape Products\nshall be supplied to Oracle at the pricing described below. Major Updates must\nbe distributed to End Users who have previously received the Netscape Product\nfrom Oracle under this Agreement and request to receive the current version.\nOracle shall not distribute the current version of the Netscape Products to such\nEnd-User in order to avoid the payment of a Major Update fee.\n\nMajor Update Pricing:\n Oracle Non-Network Computer End User Customers $7.50\/copy\n Oracle Network Computer End User Customers $5.00\/copy**\n\n** This pricing shall also apply to non-Intel based Network Computers or\nNavio-released client products upon production release\/FCS, at which time it\nwill automatically be included in Exhibit A.\n\n3. Maintenance and Support. Oracle agrees to pay to Netscape the following\nannual fee for the maintenance and support described in Exhibit D: One Hundred\nFifty Thousand Dollars ($150,000) for one dedicated Netscape person for premium\ntechnical support due and payable on the Effective Date and on each anniversary\nof the Effective Date. Oracle shall have the option, for an additional fee of\nOne Hundred Fifty Thousand Dollars ($150,000) per year, to have a second\ndedicated Netscape person for premium technical support. Such additional fee\nshall be paid upon Oracle's exercise of said option.\n\n4. Deliverables. One (1) master reproduction copy of each of the Netscape\nProduct (media) and one (1) copy of the applicable Documentation, in any format\ngenerally available from Netscape. When available, Netscape shall provide to\nOracle (1) master reproduction copy for Major Updates.\n\n\n 22\n\n\n5. Ship To Address for Deliverables. Bill To Address for Invoice. \n --------------------------------- ----------------------------\n (not P.O. address)\n\n Oracle Corporation Oracle Corporation \n-------------------------------- ----------------------------------\n \n 500 Oracle Parkway 500 Oracle Parkway\n-------------------------------- ----------------------------------\n \n Mailstop 659510 Mailstop 659510\n-------------------------------- ----------------------------------\n \n Redwood City, CA 94065 Redwood City, CA 94065\n-------------------------------- ----------------------------------\n \n Attention: Teresa Chong\n-------------------------------- -----------------------\n \nAttention: Karen White Telephone: 415-506-8779\n-------------------------------- -----------------------\n \n Fax: 415-633-1292\n-------------------------------- ------------------------------\n \nTelephone: 415-506-2448 Email: tchong@us.oracle.com\n --------------------- ---------------------------\n \nEmail: kwhite@us.oracle.com\n -------------------------\n\nNetscape Sales Rep: Joan Braddi\nTelephone Number: 415 937 3727\n\n\n 23\n\n\n EXHIBIT C-CLIENT PRODUCTS END USER LICENSE\n\nBY CLICKING ON THE \"ACCEPT\" BUTTON OR OPENING THE PACKAGE, YOU ARE CONSENTING TO\nBE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO\nALL OF THE TERMS OF THIS AGREEMENT, CLICK THE \"DO NOT ACCEPT\" BUTTON AND THE\nINSTALLATION PROCESS WILL NOT CONTINUE. (IF APPLICABLE, YOU MAY RETURN THE\nPRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.)\n\n NETSCAPE END USER LICENSE AGREEMENT\n REDISTRIBUTION OR RENTAL NOT PERMITTED\n\nThis Agreement has 3 parts. Part I applies if you have not purchased a license\nto the accompanying software (the \"Software\"). Part II applies if you have\npurchased a license to the Software. Part III applies to all license grants. If\nyou initially acquired a copy of the Software without purchasing a license and\nyou wish to purchase a license, contact Netscape Communications Corporation\n(\"Netscape\") on the Internet at http:\/\/www.netscape.com. As used in this\nAgreement, for residents of Europe or Africa, \"Netscape\" shall refer to Netscape\nCommunications Ireland Limited; for residents of Japan, \"Netscape\" shall refer\nto Netscape Communications (Japan), Ltd.; for residents of all other countries,\n\"Netscape\" shall refer to Netscape Communications Corporation.\n\nPART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID\n\n(LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE)\n\nLICENSE GRANT. Netscape grants you a non-exclusive license to use the Software\nfree of charge if (a) you are a student, faculty member or staff member of an\neducational institution (K-12, junior college, college or university, or the\ninternational equivalent, or a library), a staff member of a religious\norganization or an employee of an organization which meets Netscape's criteria\nfor a charitable non-profit organization; or (b) your use of the Software is for\nthe purpose of evaluating whether to purchase an ongoing license to the\nSoftware. The evaluation period for use by or on behalf of a commercial entity\nis limited to ninety (90) days; evaluation use by others is not subject to this\nninety (90) day limit. Government agencies (other than public libraries) are not\nconsidered educational, religious or charitable non-profit organizations for\npurposes of this Agreement. If you are using the Software free of charge, you\nare not entitled to hard-copy documentation, support or telephone assistance. If\nyou fit within the description above, you may use the Software in the manner\ndescribed in Part III below under \"Scope of Grant.\"\n\nDISCLAIMER OF WARRANTY. Free of charge Software is provided on an \"AS IS\" basis,\nwithout warranty of any kind, including without limitation the warranties that\nthe Software is free of defects, merchantable, fit for a particular purpose or\nnon-infringing. The entire risk as to the quality and performance of the\nSoftware is borne by you. Should the Software prove defective in any respect,\nyou and not Netscape or its suppliers assume the entire cost of any service and\nrepair. In addition, the security mechanisms implemented by Netscape software\nhave inherent limitations, and you must determine that the Software sufficiently\nmeets your requirements. This disclaimer of warranty constitutes an essential\npart of this Agreement. No use of the software without payment of license fees\nto Netscape is authorized hereunder except under this Disclaimer.\n\nPART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID\n\nLICENSE GRANT. Subject to payment of applicable license fees, Netscape grants to\nyou a non-exclusive license to use the Software and accompanying documentation\n(\"Documentation\") in the manner described in Part III below under \"Scope of\nGrant.\"\n\n\n 24\n\n\nLIMITED WARRANTY. Netscape warrants that for a period of ninety (90) days from\nthe date of acquisition, the Software, if operated as directed, will\nsubstantially achieve the functionality described in the Documentation. Netscape\ndoes not warrant, however, that your use of the Software will be uninterrupted\nor that the operation of the Software will be error-free or secure. In addition,\nthe security mechanisms implemented by Netscape software have inherent\nlimitations, and you must determine that the Software sufficiently meets your\nrequirements. Netscape also warrants that the media containing the Software, if\nprovided by Netscape, is free from defects in material and workmanship and will\nso remain for ninety (90) days from the date you acquired the Software.\nNetscape's sole liability for any breach of this warranty shall be, in\nNetscape's sole discretion: (i) to replace your defective media or Software; or\n(ii) to advise you how to achieve substantially the same functionality with the\nSoftware as described in the Documentation through a procedure different from\nthat set forth in the Documentation; or (iii) if the above remedies are\nimpracticable, to refund the license fee you paid for the Software. Repaired,\ncorrected, or replaced Software and Documentation shall be covered by this\nlimited warranty for the period remaining under the warranty that covered the\noriginal Software, or if longer, for thirty (30) days after the date (a) of\nshipment to you of the repaired or replaced Software, or (b) Netscape advised\nyou how to operate the Software so as to achieve the functionality described in\nthe Documentation.\n\nOnly if you inform Netscape of your problem with the Software during the\napplicable warranty period and provide evidence of the date you purchased a\nlicense to the Software will Netscape be obligated to honor this warranty.\nNetscape will use reasonable commercial effort to repair, replace, advise or,\nfor individual consumers, refund pursuant to the foregoing warranty within\nthirty (30) days of being so notified.\n\nIf any modifications are made to the Software by you during the warranty period;\nif the media is subjected to accident, abuse, or improper use; or if you violate\nthe terms of this Agreement, then this warranty shall immediately terminate.\nMoreover, this warranty shall not apply if the Software is used on or in\nconjunction with hardware or software other than the unmodified version of\nhardware and software with which the Software was designed to be used as\ndescribed in the Documentation.\n\nTHIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY NETSCAPE OR ITS\nSUPPLIERS. NETSCAPE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT\nNOT LIMITED TO ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY\nHAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE\nDURATION OF STATUTORILY REQUIRED WARRANTIES IF ANY, INCLUDING WITHOUT LIMITATION\nTHE WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, AND FIT FOR A\nPARTICULAR PURPOSE, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD.\nMOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY\nARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO\nNETSCAPE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS,\nEXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.\n\nPART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS\n\nSCOPE OF LICENSE GRANT.\n\nYou may:\n\n o use the Software on any single computer;\n\n\n 25\n\n\n o use the Software on a network, provided that each person accessing\n the Software through the network must have a copy licensed to that\n person;\n\n o use the Software on a second computer so long as only one copy is\n used at a time;\n\n o copy the Software for archival purposes, provided any copy must\n contain all of the original Software's proprietary notices; or\n\n o if you have purchased licenses for a 10 Pack or a 50 Pack, make up\n to 10 or 50 copies, respectively, of the Software (but not the\n Documentation), or, if you have purchased licenses for multiple\n copies of the Software, make the number of copies of Software (but\n not the Documentation) which the packing slip or invoice states you\n have paid for, provided any copy must contain all of the original\n Software's proprietary notices. The number of copies on the invoice\n is the total number of copies that may be made for all platforms.\n Additional copies of Documentation may be purchased from Netscape.\n\nYou may not:\n\n o permit other individuals to use the Software except under the terms\n listed above;\n\n o permit concurrent use of the Software;\n\n o modify, translate, reverse engineer, decompile, disassemble (except\n and solely to the extent an applicable statute expressly and\n specifically prohibits such restrictions), or create derivative\n works based on the Software;\n\n o copy the Software other than as specified above;\n\n o rent, lease, grant a security interest in, or otherwise transfer\n rights to the Software; or\n\n o remove any proprietary notices or labels on the Software.\n\nTITLE. Title, ownership rights, and intellectual property rights in the Software\nshall remain in Netscape and\/or its suppliers. The Software is protected by\ncopyright and other intellectual property laws and by international treaties.\nTitle and related rights in the content accessed through the Software is the\nproperty of the applicable content owner and is protected by applicable law. The\nlicense granted under this Agreement gives you no rights to such content.\n\nTERMINATION. This Agreement and the license granted hereunder will terminate\nautomatically if you fail to comply with the limitations described herein. Upon\ntermination, you must destroy all copies of the Software and Documentation.\n\nEXPORT CONTROLS. None of the Software or underlying information or technology\nmay be downloaded or otherwise exported or reexported (i) into (or to a national\nor resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other\ncountry to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.\nTreasury Department's list of Specially Designated Nationals or the U.S.\nCommerce Department's Table of Denial Orders. By downloading or using the\nSoftware, you are agreeing to the foregoing and you are representing and\nwarranting that you are not located in, under the control of, or a national or\nresident of any such country or on any such list.\n\nIn addition, if the licensed Software is identified as a not-for-export product\n(for example, on the box, media or in the installation process), then, unless\nyou have an exemption from the United\n\n\n 26\n\n\nStates Department of State, the following applies: EXCEPT FOR EXPORT TO CANADA\nFOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING\nTECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN\nENTITY OR \"FOREIGN PERSON\" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING\nWITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT\nRESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE\nAGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A \"FOREIGN\nPERSON\" OR UNDER THE CONTROL OF A FOREIGN PERSON.\n\nLIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,\nCONTRACT, OR OTHERWISE, SHALL NETSCAPE OR ITS SUPPLIERS OR RESELLERS BE LIABLE\nTO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR\nCONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES\nFOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND\nALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL NETSCAPE BE LIABLE FOR\nANY DAMAGES IN EXCESS OF THE AMOUNT NETSCAPE RECEIVED FROM YOU FOR A LICENSE TO\nTHE SOFTWARE, EVEN IF NETSCAPE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF\nSUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY\nSHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM\nNETSCAPE'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR\nCONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.\n\nHIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed,\nmanufactured or intended for use or resale as on-line control equipment in\nhazardous environments requiring fail-safe performance, such as in the operation\nof nuclear facilities, aircraft navigation or communication systems, air traffic\ncontrol, direct life support machines, or weapons systems, in which the failure\nof the Software could lead directly to death, personal injury, or severe\nphysical or environmental damage (\"High Risk Activities\"). Accordingly, Netscape\nand its suppliers specifically disclaim any express or implied warranty of\nfitness for High Risk Activities.\n\nMISCELLANEOUS. If the copy of the Software you received was accompanied by a\nprinted or other form of \"hard-copy\" End User License Agreement whose terms vary\nfrom this Agreement, then the hard-copy End User License Agreement governs your\nuse of the Software. This Agreement represents the complete agreement concerning\nthe license granted hereunder and may be amended only by a writing executed by\nboth parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY\nMADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN\nYOUR PURCHASE ORDER. If any provision of this Agreement is held to be\nunenforceable, such provision shall be reformed only to the extent necessary to\nmake it enforceable. This Agreement shall be governed by California law (except\nto the extent applicable law, if any, provides otherwise). The application of\nthe United Nations Convention of Contracts for the International Sale of Goods\nis expressly excluded.\n\nU.S. GOVERNMENT END USERS. The Software is a \"commercial item,\" as that term is\ndefined in 48 C.F.R. 2.101 (Oct. 1995), consisting of \"commercial computer\nsoftware\" and \"commercial computer software documentation,\" as such terms are\nused in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48\nC.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users\nacquire the Software with only those rights set forth herein.\n\n\n 27\n\n\nBY CLICKING ON THE \"ACCEPT\" BUTTON OR OPENING THE PACKAGE, YOU ARE CONSENTING TO\nBE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS\nAGREEMENT, CLICK THE \"DO NOT ACCEPT\" BUTTON AND THE INSTALLATION PROCESS WILL\nNOT CONTINUE, AND, IF APPLICABLE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE\nFOR A FULL REFUND.\n\n\n 28\n\n\n EXHIBIT D\n\n OEM MAINTENANCE AND SUPPORT\n\n In consideration of the applicable license fee, Netscape will provide to\nOracle the maintenance and support services set forth in this Exhibit D during\nthe Initial Term of the Agreement or the term for which Netscape has received\npayment therefor (the \"Support Term\"). Notwithstanding anything contained in\nthis Exhibit D to the contrary, Oracle shall not be entitled to provide Updates\nto any Distributor or End User or use any back-end support received from\nNetscape to provide front-line support to any Distributor or End User prior to\nthe payment by Oracle to Netscape of the annual maintenance and support fee.\n\n1. Maintenance\/Minor Updates. Netscape will provide to Oracle any Minor Updates\nmade generally available by Netscape during the Support Term. Oracle and not\nNetscape will be responsible for providing Minor Updates to its Distributors\nand\/or End Users. The expenses of any such distribution will be paid by Oracle.\nOracle and Netscape will favorably consider electronic or alternative\ndissemination methods of such Minor Updates to the extent consistent with\npolicies of both companies. Oracle and Netscape agree to discuss monthly support\nissues and processes.\n\n2. Technical Support. Netscape will provide Oracle with Netscape's backend\ntechnical support services as follows:\n\n (a) Back-end Support. Netscape will provide back-end support to Oracle for\nProgram Errors not resolved by Oracle pursuant to Oracle's support policies and\nin accordance with subsection (b) below. This support includes efforts to\nidentify defective source code and to provide corrections, workarounds and\/or\npatches to correct Program Errors. Netscape will provide Oracle with a telephone\nnumber and an e-mail address which Oracle may use to report Program Errors\nduring Netscape's local California business hours (5am - 5pm Pacific Standard\nTime). For priority 1 failures, Oracle agrees to notify Netscape via both\ntelephone and e-mail. Oracle will identify two (2) members of its customer\nsupport staff and an alternate to act as the primary technical liaisons\nresponsible for all communications with Netscape's technical support\nrepresentatives. Such liaisons will have sufficient technical expertise,\ntraining and\/or experience for Oracle to perform its obligations hereunder.\nWithin one (1) week after the Effective Date, Oracle will designate its\nliaison(s). Notification will be in writing and\/or e-mail to Netscape. Oracle\nmay substitute contacts at any time by providing to Netscape one (1) week's\nprior written and\/or electronic notice thereof. \n\nNetscape will make reasonable efforts to correct significant Program Errors that\nOracle identifies, classifies and reports to Netscape and that Netscape\nsubstantiates. Netscape may reclassify Program Errors if it reasonably believes\nthat Oracle's classification is incorrect. Oracle will provide sufficient\ninformation to enable Netscape to duplicate the Program Error before Netscape's\nresponse obligations will commence. Netscape will not be required to correct any\nProgram Error caused by (a) Oracle's in corporation or attachment of a feature,\nprogram, or device to the Netscape Product, or any part thereof; (b) any\nnonconformance caused by accident, transportation, neglect, misuse, alteration,\nmodification, or enhancement of the Netscape Product; (c) the failure to provide\na suitable installation environment; (d) use of the Netscape Product for other\nthan the specific purpose for which the Netscape Product was designed; (e) use\nof the Netscape Product on any systems other than the specified hardware\nplatform for such Netscape Product; (f) Oracle's use of defective media or\ndefective duplication of the Netscape Product; or (g) Oracle's failure to\nincorporate any Maintenance Release or Update previously released by Netscape\nwhich corrects such Program Error.\n\n\n 29\n\n\nProvided Program Error reports are received by Netscape during Netscape's local\nCalifornia business hours (5am - 5pm Pacific Standard Time), Netscape will use\nits best commercial efforts to communicate with Oracle about the Program Error\nvia telephone or e-mail within the following targeted response times:\n\nFor Standard Technical Support:\n\n<\/pre>\n
\n\n——————————————————————————————————-
\n Initial Action Target Fix of
\nPriority Failure Description Response Time Plan Within Workaround
\n——————————————————————————————————-
\n
\n 1 Fatal (system down or unusable) 4 working hours 10 working hours 5 working days
\n——————————————————————————————————-
\n 2 Severe Impact (functionality 4 working hours 12 working hours 10 working days
\n disabled): errors which result in a
\n lack of application functionality or
\n cause intermittent system failure
\n——————————————————————————————————-
\n 3 Degraded Operations: errors 6 working hours 36 working hours 15 working days
\n causing malfunction of non-critical
\n functions
\n——————————————————————————————————-
\n 4 Minimal Impact: attributes and\/or 12 working hours 10 working days Next release
\n options to utility programs do not
\n operate as stated
\n——————————————————————————————————-
\n 5 Enhancement Request 12 working hours 15 working days Next release
\n——————————————————————————————————-
\n<\/c><\/c><\/c><\/c><\/s><\/caption>\n<\/table>\nFor Premium Technical Support: Netscape will also provide Oracle with an
\nemergency telephone pager number which Oracle may use to report only Priority I
\nProgram Errors twenty four (24) hours a day, seven (7) days a week.<\/p>\n
\n\n——————————————————————————————————-
\n Initial Action Target Fix of
\nPriority Failure Description Response Time Plan Within Workaround
\n——————————————————————————————————-
\n
\n 1 Fatal (system down or unusable) 2 working hours 6 working hours 5 working days
\n——————————————————————————————————-
\n 2 Severe Impact (functionality 2 working hours 10 working hours 10 working days
\n disabled): errors which result in a
\n lack of application functionality or
\n cause intermittent system failure
\n——————————————————————————————————-
\n 3 Degraded Operations: errors 4 working hours 12 working hour 15 working days
\n causing malfunction of non-critical
\n functions
\n——————————————————————————————————-
\n 4 Minimal Impact: attributes 8 working hours 8 working days Next release
\n and\/or options to utility programs
\n do not operate as stated
\n——————————————————————————————————-
\n 5 Enhancement Request 8 working hours 8 working days Next release
\n——————————————————————————————————-
\n<\/c><\/c><\/c><\/c><\/s><\/caption>\n<\/table>\nNetscape will use reasonable commercial efforts to resolve each significant
\nProgram Error by providing either a reasonable workaround, an object code patch,
\nor a specific action plan for how Netscape will address the problem and an
\nestimate of how long it will take to rectify the defect. Netscape reserves the
\nright to charge Oracle additional fees at its then-standard rates for support
\nservices performed in connection with customized Netscape Product or reported
\nProgram Errors which are later determined to have been due to hardware or
\nsoftware not supplied by Netscape. Notwithstanding the foregoing, Netscape has
\nno obligation to perform services in connection with (i) Program Errors
\nresulting from hardware or software not supplied by Netscape; or (ii)<\/p>\n
30<\/p>\n
which occur in the Netscape Product release which is not the then-current
\nrelease. Netscape agrees to support in accordance with this Exhibit D a given
\nrevision of the Product for the shorter of (i) twelve (12) months from the date
\nsuch revision is superseded by the next sequential Minor and\/or Major Update; or
\n(ii) until such revision is superseded by two (2) sequential Minor and\/or Major
\nUpdates. (For example, Netscape will support version 2. i for the shorter of
\ntwelve (12) months from the date version 2.2 or 3.0 (if 3.0 is the next
\nsequential release), is released by Netscape, or until version 2.1 is superseded
\nby two (2) sequential releases (2.2 and 2.3 or 2.2 and 3.0, as the case may be.)<\/p>\n
(b) Front-line Support. Oracle, and not Netscape, will provide front-line, or
\nfirst and second level, technical support to its Distributors or End Users. Such
\nsupport includes call receipt, call screening, installation assistance, problem
\nidentification and diagnosis, efforts to create a repeatable demonstration of
\nthe Program Error and, if applicable, the distribution of any Maintenance
\nReleases or Updates. Oracle agrees that any documentation distributed by Oracle
\nwill clearly and conspicuously state that Distributors and End Users should call
\nOracle for technical support for the Netscape Product. Netscape will have no
\nobligation to furnish any assistance, information or documentation with respect
\nto the Netscape Product, to any End User. If Netscape customer support
\nrepresentatives are being contacted by a significant number of Oracle’s
\nDistributors and\/or End Users then, upon Netscape’s request, Oracle and Netscape
\nwill cooperate to minimize such contract. In the event that Netscape is able to
\nidentify any End User obtaining front-line support from Netscape as a customer
\nof Oracle, Oracle hereby agrees to pay to Netscape Netscape’s then current
\ncharges for such support.<\/p>\n
31<\/p>\n
EXHIBIT E-1<\/p>\n
ORACLE PREFERRED PRODUCTS<\/p>\n
Intel based version of Oracle Network Computer
\nOracle InterOffice<\/p>\n
32<\/p>\n
EXHIBIT E-2<\/p>\n
ORACLE NON-PREFERRED PRODUCTS<\/p>\n
Acorn based version of Oracle Network Computer Other non-Intel based versions of
\nOracle Network Computers Oracle programs on the Oracle price list not listed in
\nExhibits E-1 and E-2<\/p>\n
33<\/p>\n
EXHIBIT F<\/p>\n
NETSCAPE TRADEMARK USAGE GUIDELINES<\/p>\n
34<\/p>\n
Trademark Usage Guidelines<\/p>\n
General Terms and Conditions<\/p>\n
You must comply with the following guidelines in order to avoid any breach of
\nthe terms and conditions under which you have been authorized or licensed to use
\nNetscape’s logos, service marks, trademarks, and\/or registered trademarks:<\/p>\n
o All logos, service marks, trademarks, and\/or registered trademarks under
\n which Netscape markets or promotes its various products are, and shall
\n remain, the exclusive property of Netscape Communications Corporation or
\n its subsidiaries.<\/p>\n
o Advertising for Netscape, its products, or its programs must not be in
\n violation of any United States federal or state laws, municipal ordinances
\n or administrative agency regulations, or the laws, rules and regulations
\n of any other country.<\/p>\n
o Advertising for Netscape, its products, or its programs must not be
\n misleading in price, product features or specifications.<\/p>\n
Netscape may modify these guidelines from time to time and you will be bound to
\ncomply with the material contained in the updated guidelines immediately upon
\nreceipt of the new guidelines.<\/p>\n
Trademark Guidelines<\/p>\n
o Trademarks must be used as art adjective to identify products from
\n Netscape. Trademarks must not be used as a noun or verb. Trademarks must
\n never appear in plural or possessive form.<\/p>\n
Examples:<\/p>\n
Incorrect<\/p>\n
o The Netscape Navigator provides access to Internet.
\n o The Netscape Navigator’s code is proprietary.
\n o The Netscape Navigators are popular.<\/p>\n
Correct<\/p>\n
o The Netscape Navigator(TM) software provides access to Internet.
\n o The Netscape Navigator(TM) software’s code is proprietary.
\n o The Netscape Navigator(TM) software programs are popular.<\/p>\n
o After first use of trademark as an adjective, and if needed for ease of
\n writing, you may alternate use of the trademark between an adjective and a
\n noun.<\/p>\n
o The first mention of a Netscape trademark in the body of printed material
\n must include proper notice of trademark ownership, i.e., (R), (TM) or
\n (SM). If the first mention is in a headline, the symbols do not have to
\n appear at that mention provided there is text (on the same page\/screen)
\n following the headline or title where the notice does appear.<\/p>\n
1<\/p>\n
o Advertising and all other printed materials must include credit lines for
\n Netscape products. If more than one Netscape trademark\/servicemark or
\n registered trademark\/servicemark is used, all may be incorporated into one
\n sentence. A sample credit line that meets these criteria is: The following
\n are worldwide trademarks of Netscape Communications Corporation or its
\n subsidiaries, registered in the United States as indicated by “(R),” and
\n in numerous other countries worldwide: Netscape(TM); Netscape
\n Navigator(TM); Netscape iStore(TM).<\/p>\n
o When listing the names and\/or logos of other trademark owners, you must
\n acknowledge their trademark(s) with the following: All other names
\n indicated by (R) or (TM) are registered trademarks or trademarks of their
\n respective owners. If space permits, a more detailed credit should appear,
\n e.g., RSA Digital Signature is a trademark of RSA Data Security, Inc.<\/p>\n
The following chart is a list of Netscape trademarks, which may be used only to
\nidentify the products of Netscape Communications Corporation or its
\nsubsidiaries. Use of the “(R)” in the chart indicates registration in the United
\nStates of America for the related mark. Use of the “(TM)” symbol is appropriate
\nfor any Netscape marks outside the United States of America; however,
\nregistration has been secured for many of the marks in other countries, and
\nfurther registrations will have been secured since this printing. Information
\navailable from your local office of Netscape Communications Corporation will
\ncontrol the proper usage of a registration symbol for the local jurisdiction.
\nUse of the trademark symbols may differ from country to country.<\/p>\n
——————————————————————————–
\n Descriptive Copy\/
\n Trademark Special Considerations
\n——————————————————————————–
\n The Netscape communications Corporation Logo (see Corporate Signature Kit)
\n——————————————————————————–
\n Netscape TM
\n——————————————————————————–
\n Netsite TM
\n——————————————————————————–
\n Mozilla TM
\n——————————————————————————–
\n Netscape Navigator TM
\n——————————————————————————–
\n Netscape Internet Applications TM
\n——————————————————————————–
\n Netscape Communications Server TM
\n——————————————————————————–
\n Netscape Commerce Server TM
\n——————————————————————————–
\n Netscape News Server TM
\n——————————————————————————–
\n Netscape Proxy Server TM
\n——————————————————————————–
\n Netscape Merchant System TM
\n——————————————————————————–
\n Netscape Community System TM
\n——————————————————————————–
\n Netscape Publishing System TM
\n——————————————————————————–
\n Netscape iStore TM
\n——————————————————————————–
\n Secure Courier TM
\n——————————————————————————–<\/p>\n
2<\/p>\n
Netscape Navigator(TM) Included
\n Logo and Trademark Usage Guidelines
\n [LOGO]<\/p>\n
N E T S C A P E<\/p>\n
——————————————————————————–<\/p>\n
[GRAPHIC OMITTED]<\/p>\n
1. Qualification<\/p>\n
The Netscape Navigator Included logo may only be used by licensed
\n third parties (OEM’s) to indicate that Netscape Navigator(TM)
\n software is included in an OEM’s branded product. The usage of the
\n logo must comply with all of these guidelines. No use of the logo
\n should imply Netscape Communications either warrants or supports the
\n OEM branded product.<\/p>\n
[GRAPHIC OMITTED]<\/p>\n
2. Required Usage of the “Netscape Navigator(TM) Included” logo<\/p>\n
A. In product packaging<\/p>\n
Placement: The logo must appear on the front of the product package.
\n The logo may appear on the spine and\/or back of the product package.
\n The logo must be placed on a high contrast background and must
\n stand-alone in making a commercial impression. The logo must not
\n touch or overlap any other logo on the packaging.<\/p>\n
Size: The N-graphic portion of Netscape Navigator Included logo must
\n be at least 3\/4″ on each side. Always size the logo proportionally
\n based on the size of the N-graphic.<\/p>\n
For CD-ROMs and CD-ROM jewel case size packaging, the minimum size
\n of the N-graphic portion of Netscape Navigator Included logo must be
\n at least 1\/2″ on each side.<\/p>\n
The logo may be no larger than the OEM brand or product name or logo
\n on the package. The N-graphic portion of the logo may never exceed
\n 1 1\/2″ on each side.<\/p>\n
[GRAPHIC OMITTED]<\/p>\n
B. In print, online, and broadcast advertising and direct mail:<\/p>\n
Placement: The logo must be on a high contrast background and
\n stand-alone in making a commercial impression. The logo must not
\n touch or overlap any other logo on the advertisement. In print
\n advertising and direct mail, the logo must appear in every viewing
\n plane (i.e. page, spread or gatefold) of the ad. In broadcast
\n advertising, the logo must be on screen for at least 5 seconds and
\n totally within the title-safe screen area.<\/p>\n
Size: For all print applications, the N-graphic portion of Netscape
\n Navigator Included logo must be at least 3\/4″. The logo may be no
\n larger than the OEM brand or product name or logo in the printed
\n material. In addition, the graphic portion of the logo may never
\n exceed 1\/2″ on each side.<\/p>\n
For all broadcast applications, the logo must be a minimum of 15% of
\n the title safe area. The logo may be no larger than the OEM brand or
\n product name or logo in the broadcast advertisement.<\/p>\n
For all online advertising, the N-graphic portion of Netscape
\n Navigator Included logo must be at least 30 pixels on each side and
\n must link to the Netscape site at this URL: “www.netscape.com”<\/p>\n
[GRAPHIC OMITTED]<\/p>\n
3. Optional usage: In product brochures and other collateral:<\/p>\n
Placement: The logo must be displayed on the first page of all
\n brochures and on the cover of all manuals and bound collateral. The
\n logo must be on a high contrast background and stand-alone in making
\n a commercial impression.<\/p>\n
Size: the N-graphic portion of Netscape Navigator Included logo must
\n be at least 3\/4″. The logo may be no larger than the OEM brand or
\n product name or logo. In addition, the N-graphic portion of the logo
\n may never exceed 1 1\/2″ on each side. The logo may be no larger than
\n the OEM brand or product name or logo in the collateral.<\/p>\n
4. Altering of the logo<\/p>\n
The logo may only be reproduced directly from the diskette, provided
\n by Netscape in this kit. It may not be altered in color, shape,
\n font, proportion or in any other manner. The logo may be increased
\n in size, but only in whole and in proportion to the original.<\/p>\n
5. Trademark Credit<\/p>\n
In all usage the Netscape Navigator Included logo should always be
\n identified as a trademark of Netscape Communications Corporation
\n with the following credit line: Netscape Navigator and the Netscape
\n Navigator Included logo are trademarks of Netscape Communications.<\/p>\n
6. Standards and quality: The Netscape Navigator Included logo must be
\n displayed in a positive manner. The logo may not depict Netscape in
\n any negative way.<\/p>\n
——————————————————————————–<\/p>\n
Netscape Navigator(TM) Name Usage Guidelines<\/p>\n
These guidelines apply to printed collateral, advertising, point of sale
\n material, retail packaging, all on-line communications, icons and all
\n other media.<\/p>\n
The OEM must always represent the product as “including”,
\n “containing” or “with” Netscape Navigator software.<\/p>\n
The OEM must brand the product as their own. The words “Netscape” or
\n “Netscape Navigator” may NOT appear in the product or brand name.<\/p>\n
Examples of correct usage:<\/p>\n
XYZ Online Kit containing Netscape Navigator(TM)
\n Internet client.
\n ABC Internet Suite with Netscape Navigator(TM) software,
\n Snailmail e-mail and MyStack software
\n 123 Company’s Family Internet Fun-pak. Netscape
\n Navigator Internet client included.<\/p>\n
Examples of Incorrect Usage:<\/p>\n
XYZ Netscape Browse
\n The Netscape Navigator from ABC company
\n 123 Internet Navigator
\n ABC Netscape Navigator<\/p>\n
The words “Netscape Navigator” should always be used together to
\n represent the Internet client product supplied by Netscape. Never
\n use the term, Netscape, Mozilla or Mosaic to refer to the Netscape
\n Navigator product.<\/p>\n
The Netscape Navigator name should always be used as a adjective
\n followed by an appropriate noun. Appropriate nouns are: Internet
\n client and software. Browser is NOT an appropriate noun. Never use
\n Netscape or Netscape Navigator as a verb or noun.<\/p>\n
Examples of correct usage:<\/p>\n
“…includes the Netscape Navigator(TM) Internet
\n client.”
\n “…with Netscape Navigator(TM) software, you can
\n view…”<\/p>\n
Examples of Incorrect Usage <\/p>\n
“includes the Netscape browser…”
\n “with Navigator, you can view…”
\n “includes Netscape’s Mosaic-like Navigator…”
\n “Just use Netscape to view this…”
\n “You can Netscape from your home PC…”<\/p>\n
Font Size: In all media, the size of the font of the words Netscape Navigator
\nshould be no larger than the font of the brand or product name of the OEM
\nproduct.<\/p>\n
Support: The OEM may NOT indicate in any way that the product is supported or
\nwarranted directly by Netscape Communications Corporation.<\/p>\n
Trademark Credit: Netscape Navigator software should always be identified as a
\ntrademark of Netscape Communications Corporation with the following credit line:
\nNetscape Navigator is a trademark of Netscape Communications. <\/p>\n
Standards and quality: The Netscape Navigator name must be used in a positive
\nmanner. The name may not depict Netscape in any negative way.<\/p>\n
[LOGO]<\/p>\n
N E T S C A P E<\/p>\n
————<\/p>\n
Netscape
\n Communications
\n Corporation<\/p>\n
Corporate
\n Signature
\n Kit<\/p>\n
————<\/p>\n
o Netscape Communications
\n Corporate Signature Kit<\/p>\n
[Netscape Signature Kit]<\/p>\n
o Netscape Communications
\n Corporate Signature Kit<\/p>\n
[Netscape Signature Kit]<\/p>\n
o Netscape Communications
\n Corporate Signature Kit<\/p>\n
[Netscape Signature Kit]<\/p>\n
o Netscape Communications
\n Corporate Signature Kit<\/p>\n
[Netscape Signature Kit]<\/p>\n
o Netscape Communications
\n Corporate Signature Kit<\/p>\n
[Netscape Signature Kit]<\/p>\n
EXHIBIT G<\/p>\n
THIRD PARTY CODE<\/p>\n
Sun Java
\nRSA
\nPointcast PCN
\nJpeg Library
\nGIF Decoder
\nBerkeley DBM
\nMS-URL.DLL
\nSmartHeap
\nApple QuickTime Plug-In
\nDigital Alchemy (MDES) (Macintosh)
\nPrecept Software<\/p>\n
35<\/p>\n
EXHIBIT H<\/p>\n
ORACLE SUBSIDIARIES<\/p>\n
36<\/p>\n
EXHIBIT H<\/p>\n
ORACLE SUBSIDIARIES: AS OF JULY, 1996<\/p>\n
Oracle Corporation
\nOracle Real Estate Corp.
\nOracle Taiwan Inc.
\nFalcon Systems Inc.
\nOmniScience Object Technology, Inc,.
\nOracle Systems Shelf Corporation
\nOracle Belgium N.V.
\nOracle Finland OY
\nOracle Corporation Svenska AB
\nOracle Deutschland GmbH
\nOracle Datenbanksysteme Ges.m.b.H.
\nOracle Iberica S.A.
\nOracle Portugal – Sistemas de Informacao Lda
\nRelational Software Limited
\nOracle Europe Manufacturing Holdings Limited
\nOracle Corporation Canada Inc.
\nLa Societa D’lnformatique Oracle du Quebec Inc.
\nOracle do Brasil Sistemas Limitda
\nCentro de Capacitacion per Sistems Oracles Ltd.
\nOracle de – Centroamerica, S.A.
\nSistemas Oracle de Venezuela, C.A.
\nOracle Corporation Japan
\nOracle System (Australia) Pty. Ltd.
\nBeijing Oracle Systems Corp.
\nOracle Systems (Korea) Ltd.
\nOracle Malaysia – Sumiputra
\nOracle Systems (Philippines) Inc.
\nOracle Systems South East Asia (Singapore) Pte. Ltd.
\nOracle Systems (Thailand) Company Limited
\nOracle Systems Integration Limited
\nOracle Systems Limited
\nOracle Bilgisayar Sistemleri Limited Sirketi
\nOracle Software India Private Ltd.
\nOracle Piolska (Poland), Sp.z.o.o.
\nOracle Czech s.r.o,
\nOracle Hungary Kft.
\nOracle Italia SpA
\nSistemas Oracle del Peru
\nOracle Slovenia
\nOracle Credit Corp.
\nOracle China Inc,
\nOracle Complex Systems Corp.
\nOracle Corporation – FSC
\nRSIB, Inc.
\nOracle Nederland B.V.
\nOracle Danmark ApS
\nOracle Norge A\/S
\nOracle France S.A.
\nOracle Software (Switzerland) Ltd.
\nOracle Hellas S.A.
\nOracle Software d.o.o.
\nOracle Corporation UK Limited.
\nOracle RDBMS Ireland
\nOracle Europe Manufacturing Limited
\nOracle Complex Systems Canada Inc.
\nOracle Argentina S.A.
\nSistemas Oracle de Chile S.A.
\nOracle Columbia Limitada
\nOracle de Mexico, S.A. de C.V.
\nOracle Caribbean
\nOracle Japan Holding, Inc.
\nOracle Systems China Limited
\nOracle Systems Hong Kong Limited
\nOracle Systems Malaysia Sdn. Bhd.
\nOracle New Zealand, Ltd. <\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[8051,8328,8419],"corporate_contracts_industries":[9513],"corporate_contracts_types":[9613,9616],"class_list":["post-42620","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-liberate-technologies","corporate_contracts_companies-netscape-communications-corp","corporate_contracts_companies-oracle-corp","corporate_contracts_industries-technology__software","corporate_contracts_types-operations","corporate_contracts_types-operations__ip"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42620","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42620"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42620"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42620"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42620"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}