CD Actual 14/CDACTUAL.iso/progs/java.exe/Java WorkShop/data.3/JWS/lib/Scholar1.txt

Text File | 1997-05-19 | 13.2 KB | 211 lines

EDUCATIONAL USE LICENSE AGREEMENT
FOR JAVA WORKSHOP

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING THE "ACCEPT"
BUTTON AND INSTALLING THIS SOFTWARE.

SUN IS WILLING TO LICENSE THE ACCOMPANYING JAVA WORKSHOP SOFTWARE TO
YOU ONLY UPON THE CONDITION THAT YOUR EDUCATIONAL INSTITUTION ACCEPT
ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT (THIS
"AGREEMENT"). BY SELECTING THE "ACCEPT" BUTTON, YOUR ARE AGREEING ON
BEHALF OF YOUR EDUCATIONAL INSTITUTION TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOUR EDUCATIONAL INSTITUTION IS NOT
WILLING TO BE BOUND BY THIS AGREEMENT, SELECT THE "DO NOT ACCEPT"
BUTTON AT THE BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL
NOT CONTINUE. YOUR INSTALLATION AND USE OF THE JAVA WORKSHOP SOFTWARE
INDICATES YOUR EDUCATIONAL INSTITUTION'S ASSENT TO BE BOUND BY THE
LICENSE TERMS SET FORTH BELOW.

1. Licenses and Restrictions.
    (a) License to Use. Subject to the terms and conditions of
this Agreement, the educational institution ("Licensee") is granted a
non-exclusive and non-transferable license to make an unlimited number
of copies exactly like the original delivered to Licensee of the Java
WorkShop software in machine-readable, binary and/or byte code form,
together with the accompanying documentation ("Software"), for use in
Licensee's "domain" by Licensee's faculty, employees, consultants and
currently enrolled students ("Authorized Users") and only for
degree-granting activities of Licensee and its Authorized Users,
including research on the development of curricula, course
instruction, course work, degree-related research, and directly
related administrative support. Licensee's "domain" means Licensee's
sites that provide educational and support services directly to
Authorized Users (including Licensee's main and satellite campuses and
offices) and nomadic computing by Authorized Users who link into
Licensee's network. Licensee may print an unlimited number of copies
of the on-line documentation for use only by Authorized Users, so long
as all of Sun's proprietary rights notices are reproduced on the
printed documentation.
    (b) License to Develop Applications and Incorporate "Modules."
Licensee and Licensee's Authorized Users may incorporate the binary
runtime modules identified in the on-line README file (the "Modules")
of the Software into their Java applet or application software
programs ("Applications") that they develop using the Software, so
long as they: (1) incorporate and distribute the Modules complete and
unmodified only as part of, and for the sole purpose of running their
Applications; (2) do not distribute additional software intended to
replace any component(s) of the Module; (3) do not remove or alter any
proprietary legends or notices contained in the Modules; (4) prohibit
users of their Application from modifying, decompiling, disassembling,
decrypting, extracting, reducing to human-readable form or otherwise
reverse engineering the Module; (5) include the following notice in
their Applications somewhere that is conspicuous to the user of their
Applications: "Portions 1997 Sun Microsystems, Inc. All rights
reserved. Such portions are subject to certain licenses and
restrictions that are incorporated herein by reference."; and (6)
agree to defend, indemnify and hold Sun and its licensors harmless
against any claims or lawsuits, including attorneys' fees, that arise
or result from the use or distribution of their Applications. Licensee
and its Authorized Users may not sell the applications that they
develop using the Software.
    (c) Java Platform Interface. Licensee and Licensee's
Authorized Users 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. If Licensee or any of Licensee's Authorized
Users creates any Java-related API and distributes such API to others
for applet or application development, such creator must promptly
publish broadly, an accurate specification for such API for free use
by all developers of Java-based software.
    (d) Restrictions. The Software is copyrighted and title to all
copies is retained by Sun and/or its licensors. Except as specifically
authorized elsewhere in this Agreement or unless enforcement of this
provision is prohibited by applicable law, Licensee shall not (1)
modify, decompile, disassemble, decrypt, extract, reduce to
human-readable form or otherwise reverse engineer the Software or (2)
unbundle, or make available separately by itself, any part of the
Software, and Licensee shall prohibit its Authorized Users from doing
any of the above. The Software is not designed or licensed for use in
on-line control equipment in hazardous environments such as operation
of nuclear facilities, aircraft navigation or control, or direct life
support machines.
    (e) Trademarks and Logos. This Agreement does not authorize
Licensee or its Authorized Users to use any Sun name, trademark or
logo. Licensee acknowledges 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: (1) comply with the Java Trademark
Guidelines at http://java.sun.com/trademarks.html; (2) not do anything
harmful to or inconsistent with Sun's rights in the Java Marks; and
(3) assist Sun in protecting those rights, including assigning to Sun
any rights acquired in any Java Mark.
    (f) Notice of Terms. Licensee agrees to inform its Authorized
Users about the license restrictions set forth in this Section 1,
preferably by installing the Software in such a way so that each time
the Software is invoked, the notice attached to this Agreement as
Exhibit A appears, or by making the notice available to Authorized
Users by some other reliable means. Licensee shall be responsible for
ensuring that its Authorized Users abide by the restrictions set forth
in this Section 1.  2. Confidentiality. The Software is confidential
and proprietary information of Sun and its licensors. Licensee agrees
to take adequate steps to protect Software from unauthorized
disclosure, copying or use.  3. Installation Support. Licensee may
appoint one (1) individual in its organization as the single contact
who may, after registering with Sun as instructed in the Software
README file, call Sun for installation support only no more than three
(3) times during the thirty (30) day period after Sun delivers the
Software to Licensee. Additional support services, including Software
upgrades, may be provided for an additional fee.  4. Limited
Warranty. Sun warrants that for a period of ninety (90) days after Sun
delivers the Software to Licensee the media on which the Software is
furnished will be free of defects in materials and workmanship under
normal use. Otherwise, the Software is provided "AS IS." This limited
warranty extends only to Licensee as the original licensee. Licensee's
exclusive remedy and Sun's entire liability under this limited
warranty will be, at Sun's option, to repair or replace the Software,
or refund the license fee paid therefor.  5. Disclaimer of
Warranty. EXCEPT AS SPECIFIED IN THIS LICENSE, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTY OF
NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY
APPLICABLE LAW.  6. Limitation of Liability. IN NO EVENT WILL SUN BE
LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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 SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event shall Sun's liability to
Licensee or any Authorized User, whether in contract, tort (including
negligence), or otherwise, exceed the license fee paid by Licensee for
the Software. The foregoing limitations shall apply even if the above
stated warranty fails of its essential purpose.  7. Termination. The
licenses granted herein are effective until terminated. Licensee may
terminate its licenses at any time by destroying all copies of the
Software including any documentation. The licenses granted herein will
terminate immediately without notice from Sun if Licensee fails to
comply with any provision of this Agreement. Upon termination,
Licensee must destroy all copies of the Software.  8. Export
Regulations. 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. Licensee agrees to comply strictly
with all such regulations and acknowledges that it has the
responsibility to obtain licenses to export, re-export, or import
Software. 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. Licensee shall, at its own
expense, obtain and arrange for the maintenance in full force and
effect of all governmental approvals, consents, licenses,
authorizations, declarations, filings and registrations as may be
necessary or advisable for the performance of the terms and conditions
of the Agreement, including without limitation, fair trade approvals,
under all laws, regulations and other legal requirements within the
jurisdictions that Licensee licenses the Software Products that apply
to this Agreement, including tax and foreign exchange legislation.
9. U.S. Government Restricted Rights. If Licensee is acquiring
Software including accompanying documentation on behalf of the
U.S. Government, the following provisions apply. If Software is
supplied to the Department of Defense ("DOD"), Software is subject to
"Restricted Rights", as that term is defined in the DOD Supplement to
the Federal Acquisition Regulations ("DFAR") in paragraphs DFAR
252.227-7015(b)(6/95) and DFAR 227.7202-3(a). If Software is supplied
to any unit or agency of the United States Government other than DOD,
the Government's rights in Software will be as defined in paragraphs
52.227-14(g)(2)(6/87) and 52.227-19(6/87) of the Federal Acquisition
Regulations ("FAR"). Use, duplication, reproduction or disclosure by
the Government is subject to such restrictions or successor
provisions. Contractor/Manufacturer is: Sun, Inc., 2550 Garcia Ave.,
Mountain View, CA 94043.  10. Governing Law. This Agreement is made
under, shall be governed by and construed in accordance with the laws
of the State of California, U.S.A., excluding its choice of law
provisions. The United Nations Convention on the International Sale of
Goods is specifically excluded from application to this Agreement.
11. Audit Rights. Licensee agrees to maintain its records and computer
systems in a manner sufficient to determine whether Licensee is in
compliance with this Agreement, and that such records and computer
systems may be audited by Sun upon reasonable notice to Licensee.
12. Severability. If any of the above provisions are held to be in
violation of applicable law, void, or unenforceable in any
jurisdiction, then such provisions are herewith waived to the extent
necessary for this Agreement to be otherwise enforceable in such
jurisdiction. However, if in Sun's opinion, deletion of any provisions
of this Agreement by operation of this paragraph unreasonably
compromises the rights or liabilities of Sun or its licensors, Sun
reserves the right to terminate the licenses granted herein and refund
the fee paid by Licensee as Licensee's sole and exclusive remedy.
13. Assignment. Licensee may not transfer or assign this Agreement,
whether by operation of law or otherwise, without Sun's prior written
consent.  14. Integration. This Agreement is the entire agreement
between Licensee and Sun relating to the Software and: (i) supersedes
all prior or contemporaneous oral or written communications, proposals
and representations with respect to its subject matter; and (ii)
prevails over any conflicting or additional terms of any quote, order,
acknowledgment, or similar communication between the parties during
the term of this Agreement. This Agreement may not be modified,
amended, rescinded or waived, in whole or part, except by a written
instrument signed by the duly authorized representatives of both
parties. Failure by either party to enforce any provision of this
Agreement shall not be deemed a waiver of future enforcement of that
or any other provision.  15. Copyright and Trademark Information. (c)
1997 Sun Microsystems, Inc. All rights reserved. Protected by
copyright and licenses restricting use, copying, distribution and
decompilation. Sun, the Sun logo, Sun Microsystems, SunSoft, SunSoft
WorkShop, Java WorkShop, Visual Java, the Java and HotJava coffee cup
logos, JDK, Solaris, HotJava, Java, SunPlaza and the "Duke" character
are trademarks or registered trademarks of Sun Microsystems, Inc. in
the United States and other countries. Third party software, including
font technology, in this product is protected by copyright and
licensed from Sun's suppliers.