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Sun Solutions CD (Volume 2 2000)(Special Focus - Java Technologies)(Disc 1).ISO
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license.txt
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1999-05-06
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LICENSE AGREEMENT
Except as otherwise stated in a signed agreement, this License
Agreement governs your use of this Software licensed from TeamQuest
Corporation. Use of this Software indicates your acceptance of these
terms, and payment of the applicable license fee confirms such
acceptance. If these terms are not acceptable, return the Software for
a full refund.
License
TeamQuest grants you a non-exclusive, non-transferable license to use
this Software. Except for TeamQuest Lite Software, you are limited to
using the Software with a specific computer system. If this Software
includes an unkeyed component (see "Use of Key" below), you may copy,
install and use such component on any appropriate computer system so
long as the component is used only for interacting with an authorized
and keyed copy of TeamQuest Framework. You may copy, install, and use
TeamQuest Lite on any appropriate computer system. This Software is
provided in object code form only.
Use of Key
(This section does not apply to TeamQuest Lite.) The authorized use of
this Software requires a certification key. This Software is initially
delivered with a temporary key which will allow use of the Software
with any appropriate computer system for only 30-days, after which the
Software will be inoperable. Upon payment in full of the applicable
license fee, you will be provided with the key which allows use of this
Software for the applicable license period with a specific computer
system. If you notify TeamQuest that the computer system with which
this Software is being used is inoperable, or that applicable law
permits transfer of the Software to another computer, TeamQuest will,
subject to U.S. export law, provide the required key so that the
Software can be used with a back-up or transferee computer system as
applicable. Additional fees may be required if such computer system is
of a different type or model.
Restrictions
The Software is confidential copyrighted information of TeamQuest, Sun,
and/or other third party owners and title to all copies is retained by
TeamQuest, Sun and/or their licensors. You shall not decompile,
disassemble, decrypt, extract, or otherwise reverse engineer the
Software. The Software may not be leased, assigned, or sublicensed, in
whole or in part, except as specifically authorized in the "License"
section, above.
Limited Warranty Of Conformity; Remedy
Beta Test software is licensed "AS IS" with no performance warranty.
For other software, TeamQuest warrants that for ninety (90) days after
the date you opened the package containing this Software, the Software
will perform substantially as described in the standard user
documentation accompanying the Software, provided that you use the
Software with the operating system and in the environment for which it
was designed and configured. Upon receipt of notification from you that
this Software fails to comply with the warranty during the warranty
period, TeamQuest's sole obligation under this warranty, and your
exclusive remedy, shall be for TeamQuest to use commercially reasonable
efforts to correct or modify the defective Software so that it will
perform according to warranty. If TeamQuest cannot correct the defect
in the Software within a reasonable time, then you may return the
Software to TeamQuest for a full refund.
DISCLAIMER/EXCLUSION OF WARRANTIES
EXCEPT AS SET FORTH IN THIS AGREEMENT, TEAMQUEST MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE USE OR OPERATION OF THIS
SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TEAMQUEST
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
Limitation Of Liability
To the maximum extent permitted by applicable law: (i) TeamQuest's
total liability for any breach of this Agreement, negligence, or
Software failure, shall be the lesser of your direct damages or the
sale price of the license to use the Software; and (ii) in no event
shall TeamQuest's liability exceed the foregoing, or include
incidental, indirect, special, cover or consequential damages, even if
such damages arise from decisions made in reliance on results generated
by the operation of the Software. Any third party owner/licensor is an
intended beneficiary of the terms of this agreement and the limitation
of liabilities for TeamQuest and such owner/licensor are not
cumulative.
US Government Restricted Rights
Use, duplication or disclosure by the United States government is
subject to the restrictions as set forth in the Rights in Technical
Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii)
and FAR 52.227-19(c) (2) as applicable.
Legal Construction
Any provision of this Agreement that is invalid or unenforceable shall
not affect any other provision hereof, and this Agreement shall remain
in effect as long as it accomplishes the intents and purposes of the
parties. The U.N. Convention on Contracts for the International Sale of
Goods shall not apply to this Agreement. If this Agreement is not valid
or enforceable unless translated into a certain foreign language, then
you waive the applicability of such requirement. If such waiver is not
possible, then you covenant to translate this Agreement into the
required language prior to using the Software.
Export Regulations
The Software, including technical data, is subject to U.S. export
control laws, including the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import
regulations in other countries. You agree to comply strictly with all
such regulations and acknowledge that you have the responsibility to
obtain licenses to export, re-export, or import the Software. The
Software may not be downloaded, or otherwise exported or re-exported
(i) into, or to a national or resident of, Cuba, Iraq, Iran, North
Korea, Libya, Sudan, Syria or any country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nations or the U.S. Commerce Department's
Table of Denial Orders.
Perl
A Standard Version of Perl for Win32 platforms is released with certain
TeamQuest Software as granted by the Artistic License from ActiveState
Tool Corporation. To obtain the latest Standard Version in its
entirety, see ActiveState's Web site at http://www.activestate.com/.
Java Software
Additionally, the following provisions apply to the Java Runtime
Environment and/or Java Foundation Classes software and documentation
("Java Software"), which is included with certain TeamQuest Software:
Java Platform Interface
You may not modify the Java Platform Interface ("JPI", identified as
classes contained within the "java" package or any subpackages of the
"java" package), by creating additional classes within the JPI or
otherwise causing the addition to or modification of the classes in the
JPI. In the event that you create any Java-related API and distribute
such API to others for applet or application development, you must
promptly publish broadly, an accurate specification for such API for
free use by all developers of Java-based software.
Disclaimer of Warranty
The Java Software is provided "AS IS," without a warranty of any kind.
The Java Software is not designed or intended for use in online 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
or redistribute the Java Software for such purposes. ALL EXPRESS OR
IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
Limitation of Liability
SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY
YOU OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING THE JAVA
SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST
REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE JAVA SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Trademarks and Logos
This Agreement does not authorize you to use any Sun name, trademark or
logo. You acknowledge that Sun owns the Java trademark and all
Java-related trademarks, logos and icons including the Coffee Cup and
Duke ("Java Marks") and you agree to: (i) comply with the Java
Trademark Guidelines at: http://java.sun.com/trademarks.html; (ii) not
do anything harmful to or inconsistent with Sun's rights in the Java
Marks; and (iii) assist Sun in protecting those rights, including
assigning to Sun any rights acquired by you in any Java Mark.
Universal Rev. 980910