Mosaic Communications Corporation Online BETA License Agreement THIS IS A LEGAL AGREEMENT TO WHICH YOU ARE CONSENTING TO BE BOUND. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. 1. Mosaic Communications Corporation ("MCom") grants to you a non-exclusive, non-sublicensable, license to use version 0.9 beta of the Mosaic Netscape network navigator (the "Software"), in binary executable form for evaluation and trial use purposes only. 2. MCOM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, MCOM SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. MCOM WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT ISSUE UPDATES TO THIS SOFTWARE. 3. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives you no rights to such content. 4. While MCom intends to distribute a commercial release of the Software, MCom reserves the right at any time not to release a commercial release of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. 5. Title, ownership rights, and intellectual property rights in and to the Software shall remain in MCom and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of MCom and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction. 6. MCom may terminate this License at any time by delivering notice to you and you may terminate this License at any time by destroying or erasing your copy of the Software. Upon termination of this License, or in any event within thirty (30) days following MCom's release of a commercial version of the Software, you agree to destroy or erase the Software. In the event of termination, the following sections of this License will survive: 2, 3, 4, 5, 6 and 7. This License is personal to you and you agree not to assign your rights herein. This License shall be governed by and construed in accordance with the laws of the State of California and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between you and MCom. 7. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Mosaic Communications Corporation, 650 Castro Street, Suite 500, Mountain View, CA 94041. Mosaic Communications, the Mosaic Communications logo, Mosaic Netscape, Mosaic Netsite and Mozilla are trademarks of Mosaic Communications Corporation. Copyright (c) 1994. Mosaic Communications Corporation. All rights reserved.