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Open Directory License
The Open Directory is a compilation of many different editors' contributions.
Netscape Communications Corporation (`Netscape') owns the copyright to the
compilation of the different contributions, and makes the Open Directory
available to you to use under the following license agreement terms and
conditions (`Open Directory License'). For purposes of this Open Directory
License, `Open Directory' means only the Open Directory Project currently hosted
at http://dmoz.org (or at another site as may be
designated by Netscape in the future), and does not include any other versions
of directories, even if referred to as an `Open Directory,' that may be hosted
by Netscape on other web pages (e.g., Netscape Netcenter).
- Basic License. Netscape grants you a non-exclusive, royalty-free license
to use, reproduce, modify and create derivative works from, and distribute and
publish the Open Directory and your derivative works thereof, subject to all
of the terms and conditions of this Open Directory License. You may authorize
others to exercise the foregoing rights; provided, however, that you must have
an agreement with your sublicensees that passes on the requirements and
obligations of Sections 2 and 4 below and which must include a limitation of
liability provision no less protective of Netscape than Section 6 below.
Due
to the nature of the content of the Open Directory, many third parties' trade
names and trademarks will be identified within the content of the Open
Directory (e.g., as part of URLs and description of link). Except for the
limited license to use the Netscape attribution in Section 2 below, nothing
herein shall be deemed to grant you any license to use any Netscape or third
party trademark or tradename.
- Attribution Requirement. As a material condition of this Open Directory
License, you must provide the below applicable attribution statements on (1)
all copies of the Open Directory, in whole or in part, and derivative works
thereof which are either distributed (internally or otherwise) or published (made
available on the Internet and/or internally over any internal network/intranet
or otherwise), whether distributed or published electronically, on hard copy
media or by any other means, and (2) on any program/web page from which you
directly link to/access any information contained within the Open Directory,
in whole or in part, or any derivative work thereof:
- If the Open Directory in whole or in part, or any derivative work
thereof, is made available via the Internet or internal network/intranet
and/or information contained therein is directly accessed or linked via the
Internet or internal network/intranet then you must provide the
appropriate Netscape attribution statement as described in the
page(s) at the URL(s):
http://dmoz.org/become_an_editor.
- If the Open Directory in whole or in part, or any derivative work
thereof, is made available on any hard copy media (e.g., CD-ROM, diskette),
you must place on the packaging a notice providing Netscape attribution as
described in the page(s) at the URL(s):
http://dmoz.org/become_an_editor.
If there is no `packaging', the previous attribution notice should be placed
conspicuously such that it would be reasonably viewed by the recipient of
the Open Directory.
- If you are using or distributing the Open Directory in modified form (i.e.,
with additions or deletions), you must include a statement indicating you
have made modifications to it. Such statement should be placed with the
attribution notices required by Sections 2(a) and 2(b) above.
Netscape grants you the non-exclusive, royalty-free license to use the
above identified Netscape attribution statements solely for the purpose of the
above attribution requirements, and such use must be in accordance with the
usage guidelines that may be published by Netscape from time to time as part
of the above URLs.
- Right To Identify Licensee. You agree that Netscape has the right to
publicly identify you as a user/licensee of the Open Directory.
- Errors and Changes. From time to time Netscape may elect to post on the
page(s) at the URL http://dmoz.org/become_an_editor certain specific changes to the Open
Directory and/or above attribution statements, which changes may be to correct
errors and/or remove content alleged to be improperly in the Open Directory.
So long as you are exercising the license to Open Directory hereunder, you
agree to use commercially reasonable efforts to check the page(s) at the URL
http://dmoz.org/become_an_editor
from time to time, and to use commercially reasonable efforts to make the
changes/corrections/deletion of content from the Open Directory and/or
attribution statements as may be indicated at such URL. Any changes to the
Open Directory content posted at the page(s) at the URL
http://dmoz.org/become_an_editor
are part of Open Directory.
- No Warranty/Use At Your Risk. THE OPEN DIRECTORY AND ANY NETSCAPE
TRADEMARKS AND LOGOS CONTAINED WITH THE REQUIRED ATTRIBUTION STATEMENTS ARE
MADE AVAILABLE UNDER THIS OPEN DIRECTORY LICENSE AT NO CHARGE. ACCORDINGLY,
THE OPEN DIRECTORY AND THE NETSCAPE TRADEMARKS AND LOGOS ARE PROVIDED `AS IS,'
WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT
THEY ARE MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU
ARE SOLELY RESPONSIBLE FOR YOUR USE, DISTRIBUTION, MODIFICATION, REPRODUCTION
AND PUBLICATION OF THE OPEN DIRECTORY AND ANY DERIVATIVE WORKS THEREOF BY YOU
AND ANY OF YOUR SUBLICENSEES (COLLECTIVELY, `YOUR OPEN DIRECTORY USE'). THE
ENTIRE RISK AS TO YOUR OPEN DIRECTORY USE IS BORNE BY YOU. YOU AGREE TO
INDEMNIFY AND HOLD NETSCAPE, ITS SUBSIDIARIES AND AFFILIATES HARMLESS FROM ANY
CLAIMS ARISING FROM OR RELATING TO YOUR OPEN DIRECTORY USE.
- Limitation of Liability. IN NO EVENT SHALL NETSCAPE, ITS SUBSIDIARIES OR
AFFILIATES, OR THE OPEN DIRECTORY CONTRIBUTING EDITORS, BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS
OF WHETHER ANY CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR
EQUITABLE THEORY, RELATING OR ARISING FROM THE OPEN DIRECTORY, YOUR OPEN
DIRECTORY USE OR THIS OPEN DIRECTORY LICENSE AGREEMENT.
- California Law. This Open Directory License will be governed by the laws
of the State of California, excluding its conflict of laws provisions.
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