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    Terms and Conditions ("Agreement")  
  1. Support. The standard Netscape client products come with no support from Netscape.
  2. No Warranty/As Is. THE PRODUCT SUBJECT TO THIS AGREEMENT DOES NOT COME WITH SUPPORT OF ANY KIND AND IS PROVIDED TO APPLICANT "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. NETSCAPE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
  3. Indemnity. Netscape shall have no obligation or liability for, and Applicant shall defend, indemnify, and hold Netscape harmless from and against any claim (including reasonable attorneys' fees and costs) arising from Applicant's use of the standard Netscape client products under, and/or compliance with the terms and conditions set forth in, this Agreement.
  4. Limitation of Liability. (a) TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL NETSCAPE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF NETSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (b) IN NO EVENT WILL NETSCAPE OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST APPLICANT BY ANY THIRD PARTY. (c) IN NO EVENT SHALL NETSCAPE OR ITS SUPPLIERS BE LIABLE FOR (i) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY APPLICANT, ANY DISTRIBUTOR, OR THEIR RESPECTIVE AGENTS; (ii) FAILURE OF THE PRODUCTS TO PERFORM; (iii) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY; OR (iv) THE RESULTS OR INFORMATION OBTAINED OR DECISIONS MADE BY END USERS OF THE PRODUCTS OR THE DOCUMENTATION. THIS LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THE BARGAIN UNDER THIS AGREEMENT. 
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