OS/2 Shareware BBS: Java/Java.zip/javacomm.zip/COMM2.0_license.txt

Text File | 1998-11-15 | 8KB | 174 lines

Sun Microsystems, Inc.

Binary Code License Agreement



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 YOUR 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.  Sun grants you a non-exclusive and non-transferable
license for the internal use only of the accompanying software and
documentation and any error corrections provided by Sun (collectively
"Software"), by the number of users and the class of computer hardware for
which the corresponding fee has been paid.



2.  RESTRICTIONS  Software is confidential and copyrighted. Title to Software
and all associated intellectual property rights is retained by Sun 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.  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 Sun.  No right, title or
interest in or to any trademark, service mark, logo or trade name of Sun or its
licensors is granted under this Agreement.



3. LIMITED WARRANTY.  Sun warrants to you 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 Sun's entire liability under this limited
warranty will be at Sun's option to replace Software media or refund the fee
paid for Software.



4.  DISCLAIMER OF WARRANTY.  UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF 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 SUN 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 SUN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.  In no event will Sun'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 Sun if you fail
to comply with any provision of this Agreement.  Upon Termination, you must
destroy all copies of Software.



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
California 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 Sun
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: Sun Microsystems, Inc.
901 San Antonio Road, Palo Alto, California 94303


JAVATM COMMUNICATIONS API

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 meanings ascribed to them in the Agreement.  The Supplement terms
shall supersede any inconsistent or conflicting terms in the Agreement.



1.  License to Distribute. You are granted a royalty-free right to reproduce
and distribute the Software provided that you: (i)distribute the Software
complete and unmodified, only as part of, and for the sole purpose of running,
your Java applet or application ("Program") into which the Software is
incorporated; (ii) do not distribute additional software intended to replace
any component(s) of the Software; (iii) do not remove or alter any proprietary
legends or notices contained in the Software; (iv) only distribute the Program
subject to a license agreement that protects Sun'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", "javax" or "sun" packages or similar as specified by Sun in any class
file naming convention;  and (vi) agree to indemnify, hold harmless, and defend
Sun and its licensors from and against any claims or lawsuits, including
attorneys' fees, that arise or result from the use or distribution of the
Program.



2. Trademarks and Logos. This Agreement does not authorize Licensee to use any
Sun name, trademark or logo. Licensee acknowledges as between it and Sun that
Sun owns the Java trademark and all Java-related trademarks, logos and icons
including the Coffee Cup and Duke ("Java Marks") and agrees to comply with the
Java Trademark Guidelines at http://java.sun.com/trademarks.html.



3.  High Risk Activities.  Notwithstanding Section 2, with respect to high risk
activities, the following language shall apply:  the Software is not designed
or intended 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. Sun disclaims any express or
implied warranty of fitness for such uses.