Common use of Optimize for Netscape Technology Clause in Contracts

Optimize for Netscape Technology. In consideration of Participant participating as an integral service partner within a core area of Netcenter and in order to optimize the efficiency of the Service, during the Term: 5.1.1 Within all aspects of the Service, Participant shall use commercially reasonable efforts to maintain compatibility with the client software used by Netcenter members; 5.1.2 Subject to Section 3.1, Participant shall consider the use of at least one current version of Netscape core Web server software product (currently Netscape Enterprise Server) to maintain Participant's Web Sites; 5.1.3 Where not prohibited by an agreement in existence as of the Effective Date between Participant and a third party, Participant shall display the "Netscape Now" button (or any successor button) prominently on the home page of Participant's Web Site, and on any page on Participant's Web Site which contains a virtual button or other text or graphic for any third party Internet client or server software, software provider or online service. On any page on which the Netscape Now button is displayed, the Netscape Now button shall be at least equal in size and prominence to the virtual button, text or graphic for any third party Internet client or server software, software provider or online service. Netscape hereby grants Participant a nonexclusive and nontransferable license to perform and display the Netscape Now button directly in connection with fulfilling the foregoing obligation. Participant's use of the Netscape Now button shall be in accordance with the guidelines of the Netscape Now Program currently published at the URL http://xxxx.xxxxxxxx.xxx/xxxxxxx/mirror/netscape_now_guidelines.html; 5.1.4 Participant shall ensure that all web pages that are located in the Service not endorse any third party client or server software or online service that is directly competitive with Netscape's over Netscape's or treat the provider of any such competitive software or online service as preferred by Participant over Netscape, and use commercially reasonable efforts to ensure that all web pages that are located one click away from any part of the Service accord Netscape's products and services a position of prominence, overall as well as on an element by element basis, at least as great as the positioning accorded any third-party Internet client or server software or online service; and 5.1.5 Participant's course of dealing with respect to other services it may operate shall be governed by the terms of Section 5.2.

Optimize for Netscape Technology. In consideration of Participant Excite participating as an integral service partner within a core area of Netcenter and in order to optimize the efficiency of the Service, during the Term: 5.1.1 8.1.1. Within all aspects of the Service, Participant Excite shall use commercially reasonable efforts to maintain ensure compatibility with the Netscape-released client software used by Netcenter members, especially the latest Netscape-released version of Netscape Communicator client software or any successor; 5.1.2 Subject to Section 3.1, Participant 8.1.2. Excite shall implement within the Service a dynamic HTML interface or the then current client software technology within the beta testing period of the client software. Such dynamic HTML features shall be positioned in at least one prominent content area within the Service and be operational and publicly accessible at the time of the release of the new Netscape client products; 8.1.3. Excite shall consider the use of at least one current version * of Netscape core Web server software * product (currently Netscape Enterprise Server* ) to maintain ParticipantExcite's Web SitesSite; 5.1.3 Where 8.1.4. Within the Service, Excite shall not prohibited by an agreement in existence as of the Effective Date between Participant promote any client and a third party, Participant server software or online service that directly competes with Netscape's software or service; 8.1.5. Excite shall display the "Netscape Now" button (or any successor button) prominently on the home page * of ParticipantExcite's Web Site, on * Service, and on any page on Participant's Web Site * which contains a virtual button * or other text or graphic * for any third party Internet client or server software, software provider or online service* . On any page on which the Netscape Now button is displayed, the Netscape Now button shall be at least equal in size and prominence * to the virtual button, text link or graphic for any third party Internet client or server software, software provider or online service* . Netscape hereby grants Participant Excite a nonexclusive and nontransferable license to perform and display the Netscape Now button directly in connection with fulfilling the foregoing obligation. ParticipantExcite's use of the Netscape Now button shall be in accordance with the guidelines of the Netscape Now Program currently published at the URL http://xxxx.xxxxxxxx.xxx/xxxxxxx/mirror/netscape_now_guidelines.html; 5.1.4 Participant shall ensure that all web pages that are located in the Service not endorse any third party client or server software or online service that is directly competitive with Netscape's over Netscape's or treat the provider of any such competitive software or online service as preferred by Participant over Netscape, and use commercially reasonable efforts to ensure that all web pages that are located one click away from any part of the Service accord Netscape's products and services a position of prominence, overall as well as on an element by element basis, at least as great as the positioning accorded any third-party Internet client or server software or online service; and 5.1.5 Participant. Excite's course of dealing with respect to other services it may operate shall be governed by the terms of Section 5.28.2.

Optimize for Netscape Technology. In consideration of Participant Excite participating as an integral service partner within a core area of Netcenter and in order to optimize the efficiency of the Service, during the Term: 5.1.1 8.1.1. Within all aspects of the Service, Participant Excite shall use commercially reasonable efforts to maintain ensure compatibility with the Netscape-released client software used by Netcenter members, especially the latest Netscape-released version of Netscape Communicator client software or any successor; 5.1.2 Subject to Section 3.1, Participant 8.1.2. Excite shall implement within the Service a dynamic HTML interface or the then current client software technology within the beta testing period of the client software. Such dynamic HTML features shall be positioned in at least one prominent content area within the Service and be operational and publicly accessible at the time of the release of the new Netscape client products; 8.1.3. Excite shall consider the use of at least one current version * of Netscape core Web server software * product (currently Netscape Enterprise Server*) to maintain ParticipantExcite's Web SitesSite; 5.1.3 Where 8.1.4. Within the Service, Excite shall not prohibited by an agreement in existence as of the Effective Date between Participant promote any client and a third party, Participant server software or online service that directly competes with Netscape's software or service; 8.1.5. Excite shall display the "Netscape Now" button (or any successor button) prominently on the home page * of ParticipantExcite's Web Site, on * Service, and on any page on Participant's Web Site * which contains a virtual button * or other text or graphic * for any third party Internet client or server software, software provider or online service*. On any page on which the Netscape Now button is displayed, the Netscape Now button shall be at least equal in size and prominence * to the virtual button, text link or graphic for any third party Internet client or server software, software provider or online service*. Netscape hereby grants Participant Excite a nonexclusive and nontransferable license to perform and display the Netscape Now button directly in connection with fulfilling the foregoing obligation. ParticipantExcite's use of the Netscape Now button shall be in accordance with the guidelines of the Netscape Now Program currently published at the URL http://xxxx.xxxxxxxx.xxx/xxxxxxx/mirror/netscape_now_guidelines.html; 5.1.4 Participant shall ensure that all web pages that are located in the Service not endorse any third party client or server software or online service that is directly competitive with Netscape's over Netscape's or treat the provider of any such competitive software or online service as preferred by Participant over Netscape, and use commercially reasonable efforts to ensure that all web pages that are located one click away from any part of the Service accord Netscape's products and services a position of prominence, overall as well as on an element by element basis, at least as great as the positioning accorded any third-party Internet client or server software or online service; and 5.1.5 Participant. Excite's course of dealing with respect to other services it may operate shall be governed by the terms of Section 5.28.2.