READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOU ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. InLine grants you a non-exclusive and non-transferable license for the internal use only of the InLine Standard software and documentation and any error corrections provided by InLine (collectively "Software").
2. RESTRICTIONS Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by InLine and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes or distribute or sublicense the Software or any parts thereof. Unless enforcement is prohibited by applicable law, you may not modify, decompile, reverse engineer Software. Software is not designed or licensed for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. You warrant that you will not use Software for these purposes. You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of InLine. No right, title or interest in or to any trademark, service mark, logo or trade name of InLine or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. InLine warrants to you in connection with your purchase of a copy of the Software that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and InLine's entire liability under this limited warranty will be at InLine's option to replace Software media or refund the fee paid for Software. The warranty under this Section 3 will not apply to Software acquired for evaluation purposes only.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITION, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL INLINE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF INLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will InLine's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from InLine if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software. You hereby recognize that as to any evaluation copy of the Software, their license shall terminate in thirty (30) days and the Software will no longer function after such thirty (30) day period.
7. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1 (a) and 227.7202-3 (a) (1995), DFARS 252.227-7013 (c)(1)(ii) (Oct 1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14 (ALT III) (June 1987), as applicable.
9. GOVERNING LAW. Any action related to this Agreement will be governed by Virginia law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. INTEGRATION. This Agreement is the entire agreement between you and InLine relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: InLine Software Corporation, 751 Miller Drive, S.E., Suite E-3, Leesburg, Virginia 22075.
SUPPLEMENTAL LICENSE TERMS
These supplemental terms ("Supplement") add to the terms of the Binary Code License Agreement ("Agreement"). Capitalized terms not defined herein shall have the same meaning ascribed to them in the Agreement. The Supplement terms shall supersede any inconsistent or conflicting terms in the Agreement.
1. LICENSE TO DISTRIBUTE. Provided that you purchase a copy of the Software, you are granted a royalty-free right to reproduce and distribute the Java Archive File server run-time components called Production.jar of the Software (the "Files") provided that you: (I) distribute the Files complete and unmodified, only as part of, and for the sole purpose of running, your Java applet or application into which the Files are incorporated; (ii) do not distribute additional software intended to replace any component(s) of the Files; (iii) do not remove or alter any proprietary legends or notices contained in the Files; (iv) only distribute the Files subject to a license agreement that protects InLine's interests consistent with the terms contained herein; (v) may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are contained in the "java" packages or similar as specified by InLine in any class file naming convention; (vi) agree not to develop a competitive product to the Software; and (vii) agree to indemnify, hold harmless, and defend InLine and its licensors from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of the Files.
2. TRADEMARKS AND LOGOS. This Agreement does not authorize Licensee to use any InLine name, trademark, or logo. Licensee acknowledges as between it and InLine that InLine owns the InLine Standard trademark and all InLine Standard trademarks, logos and icons.
