Technology License Agreement

UNLIMITED DISTRIBUTION PROGRAM CLIENT CUSTOMIZATION TERMS AND CONDITIONS ("AGREEMENT")



1. Term. This Agreement shall remain in effect until terminated pursuant to

the terms and conditions set forth in this Agreement. Notwithstanding

anything in this Agreement to the contrary, this Agreement shall remain in

effect only until such time as Microsoft Corporation ceases to distribute

free of charge products with features comparable to the Netscape client

products. In such event, Netscape shall provide Applicant with 90 days

prior written notice and this Agreement shall expire on the end of said

90-day notice period.



2. LICENSE GRANT. (a) Netscape grants to Applicant, subject to these terms

and conditions, a nonexclusive, royalty-free and nontransferable right to

(i) reproduce a version of the standard Netscape client product which

Applicant has customized pursuant to the terms and conditions set forth in

the end user license agreement for the client customization kit (the

"Customized Netscape Product") in executable form only on any media and

(ii) distribute by sublicense such Customized Netscape Product copies to

end users, directly or through distributors. Applicant may electronically

distribute the Customized Netscape Product, in exportable version only,

pursuant to the terms and conditions set forth herein.



(b) Except as expressly permitted herein or by applicable law, Applicant

shall not and shall not permit any distributor or other person to

reconfigure, modify, translate, decompile, reverse engineer, disassemble,

or otherwise determine or attempt to determine source code from the

Customized Netscape Products or to create any derivative works based upon

the Customized Netscape Products including the Netscape user interface. If

Applicant or any distributor fails to comply with this Section 2(b),

Netscape may immediately (in addition to all other remedies it may have and

except for end user licenses) revoke all licenses granted hereunder.



(c) If Applicant is distributing the Customized Netscape Product bundled

with an Applicant product, Applicant shall use, and is granted during the

term hereof a nontransferable, nonexclusive, and restricted license (with a

right to sublicense to distributors) to use the mark "Includes Netscape

Navigator" or "Includes Netscape Communicator," as applicable

(collectively, the "Marks") solely on products and packaging containing

Customized Netscape Products and in related advertising, marketing, and

technical material on Applicant's Internet site. If Applicant is

distributing the Customized Netscape Product on a stand-alone basis,

Applicant shall use, and is granted during the term hereof a

nontransferable, nonexclusive, and restricted license (with a right to

sublicense to distributors) to use the mark Netscape Navigator" or Netscape

Communicator," as applicable (collectively, the "Marks") solely on products

and packaging containing Customized Netscape Products and in related

advertising, marketing, and technical material on Applicant's Internet

site. Use of the Marks shall comply with





Netscape's then-current signature guidelines. All use of the Marks shall

inure to Netscape's benefit.



3. USE OF THE MARKS; PROTECTION OF THE MARKS. (a) Proper Use.

Applicant agrees that all use of the Marks shall be only in connection

with this Agreement. Applicant agrees not to use or combine any other

trademark or service mark in combination with the Marks. Applicant

further agrees not to use the Marks on or in connection with any

products or services that are or could be deemed by Netscape in its

reasonable judgment, to be obscene, pornographic, disparaging of

Netscape or its products, or otherwise in poor taste, or that are

themselves unlawful or whose purpose is to encourage unlawful

activities by others.



(b) Monitoring by Netscape Upon Netscape's request, Applicant shall

promptly provide Netscape with samples of any product or documentation

bearing the Marks. If Netscape determines that Applicant is using the

Marks improperly, Applicant shall have ten (10) days to remedy the

improper use.



4. REPORTS. Applicant shall report to Netscape within 30 calendar days

after the end of each calendar quarter the quantity of Customized

Netscape Product licenses granted during such prior quarter for

distribution hereunder, by country therefor.. Such reports shall be

provided in electronic form via the Unlimited Distribution Program

Reporting Page at:

HTTP://HOME.NETSCAPE. COM/COMPROD/NETSCAPE_PARTNERPROGRAMS/BROWSER_

DISTRIBLCCK_REPORT.HTML.



5. SUPPORT. The Customized Netscape Products come with no support from



6. DISTRIBUTION. (a) Applicant shall and shall cause its distributors

to comply with all then-current applicable laws, regulations, and

other legal requirements in its performance of this Agreement,

including without limitation, all applicable export laws, rules, and

regulations of any agency of the U.S. G ...