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- SUNSOFT, INC.
- ON-LINE END USER SOFTWARE LICENSE AGREEMENT
-
- SUNSOFT IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE
- CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE
- AGREEMENT AND ANY SUPPLEMENTAL TERMS AND CONDITIONS INCLUDED HEREWITH (THIS
- "AGREEMENT"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY
- BEFORE SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE. BY SELECTING
- THE "ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
- AGREEMENT. IF YOU ARE 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 USE OF THE SOFTWARE INDICATES YOUR ASSENT TO BE BOUND
- BY THE LICENSE TERMS SET FORTH BELOW.
-
- 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, 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.
-
- SUNSOFT EVALUATION SOFTWARE LICENSE AGREEMENT:
-
- IF CUSTOMER IS USING THE SOFTWARE FOR EVALUATION PURPOSES ONLY, CUSTOMER
- AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
-
- 1. License to Use for Evaluation Purposes. Customer is granted a non-exclusive
- and non-transferable license ("License") to use the accompanying binary
- software in machine-readable form, together with accompanying documentation
- ("Software"), internally for the purposes of evaluation and demonstration.
- No license is granted to Customer for any other purpose. Customer shall not
- distribute the Software, in whole or in part, to any third party. This License
- expires thirty (30) days after the date of installation.
-
- 2. No Support of Evaluation Software. SOFTWARE USED FOR EVALUATION PURPOSES IS
- LICENSED "AS IS." SUNSOFT DISCLAIMS ALL WARRANTIES CONCERNING SUCH EVALUATION
- SOFTWARE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
-
- 3. Other Terms. Paragraphs 2, Restrictions, 3, Confidentiality, 6, Limit of
- Liability, 7, Termination, 8, Export Regulations, 9, U.S. Government
- Restricted Rights, 10, Governing Law, 11, Severability, and 12, Integration
- of the Agreement below shall apply to Evaluation Software. No Supplemental
- Terms and Conditions apply to Evaluation Software.
-
- OTHER THAN EVALUATION PURPOSES ONLY:
-
- IF CUSTOMER IS USING THE SOFTWARE FOR OTHER THAN EVALUATION PURPOSES ONLY,
- CUSTOMER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
-
- 1. License to Use. Customer is granted a non-exclusive and non-transferable
- license ("License") for the use of the accompanying binary software in
- machine-readable form, together with accompanying documentation ("Software"),
- by the number of users and the class of computer hardware for which the corresponding fee has been paid.
-
- 2. Restrictions. Software is copyrighted and title to all copies is retained by
- SunSoft and/or its licensors. Customer shall not make copies of Software, other
- than a single copy of Software for archival purposes and, if applicable,
- Customer may, for its internal use only, print the number of copies of on-line
- documentation for which the applicable fee has been paid, in which event all
- proprietary rights notices on Software shall be reproduced and applied. Except
- as specifically authorized elsewhere in this Agreement or unless enforcement
- of this provision is prohibited by applicable law, Customer shall not modify,
- decompile, disassemble, decrypt, extract, or otherwise reverse engineer
- Software. 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.
-
- 3. Confidentiality. Software is confidential and proprietary information of
- SunSoft and/or its licensors. Customer agrees to take adequate steps to
- protect Software from unauthorized disclosure or use.
-
- 4. Limited Warranty. SunSoft warrants that for a period of ninety (90) days
- from the date of purchase, as evidenced by a copy of the receipt, the Software
- will conform to the specifications for such Software. Otherwise, the Software
- is provided "AS IS". This limited warranty extends only to Customer as the
- original licensee. Customer's exclusive remedy and SunSoft's entire liability
- under this limited warranty will be, at SunSoft'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 IMPLIED
- WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
- NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
-
- 6. Limitation of Liability. IN NO EVENT WILL SUNSOFT 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 SOFTWARE, EVEN IF SUNSOFT HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall SunSoft's
- liability to Customer, whether in contract, tort (including negligence), or
- otherwise, exceed the license fee paid by Customer for Software. The foregoing
- limitations shall apply even if the above stated warranty fails of its
- essential purpose.
-
- 7. Termination. This License is effective until terminated. Customer may
- terminate this License at any time by destroying all copies of Software
- including any documentation. This License will terminate immediately without
- notice from SunSoft if Customer fails to comply with any provision of this
- License. Upon termination, Customer must destroy all copies of 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. Customer agrees to comply strictly with all such regulations
- and acknowledges that it has the responsibility to obtain licenses to export,
- reexport, or import Software.
-
- 9. U.S. Government Restricted Rights. If Customer 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: SunSoft, 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.
-
- 11. 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 the License to be
- otherwise enforceable in such jurisdiction. However, if in SunSoft's opinion
- deletion of any provisions of the License by operation of this paragraph
- unreasonably compromises the rights or liabilities of SunSoft or its licensors,
- SunSoft reserves the right to terminate the License and refund the fee paid by
- Customer as Customer's sole and exclusive remedy.
-
- 12. Integration. This Agreement (including any supplementary terms) is the
- entire agreement between Customer and SunSoft relating to 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. No modification to the Agreement will be binding, unless in
- writing and signed by a duly authorized representative of each party.
-
- Supplemental Terms and Conditions for Java WorkShop
-
- These terms and conditions for Java WorkShop supplement the terms and conditions
- of the Binary Code License ("BCL"). Capitalized terms not defined herein shall
- have the meanings ascribed to them in the BCL. These terms and conditions shall
- supersede any inconsistent or conflicting terms and conditions in the BCL.
-
-
- 1. License to Develop Applications and Incorporate "Modules." You may
- incorporate one or more binary runtime modules identified in the on-line
- README file (the "Modules") of the Software into your Java applet or application
- software program ("Program") that you develop using the Software, so long as
- you: (1) incorporate and distribute the Modules complete and unmodified only
- as part of, and for the sole purpose of running your Program into which the
- Module is incorporated; (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
- your Program from modifying, decompiling, disassembling, decrypting, extracting,
- reducing to human-readable form or otherwise reverse engineering the Module;
- (5) include the following notice in your Program somewhere that is conspicuous
- to the user of your Program: "Portions Copyright 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 your Program.
-
- 2. License to Develop "Plug-ins". "Plug-in" means a separately compilable work
- that extends the functionality of, and interoperates with, the "Java Tools"
- components of Java WorkShop. Customer may develop a Plug-in based on the Java
- Tools integration APIs made generally available by Sun and published for use
- by third party software developers, provided such Plug-in preserves the
- integrity of the entire Java WorkShop, i.e., such Plug-in may add to, but may
- not delete or alter the Java Tools integration APIs or Java WorkShop's (i)
- registration, try and buy or licensing components; (ii) persistent data files
- formats, such as project files, GUI definition files and user preferences;
- (iii) user interface commands, gestures, labels or icons; or (iv)
- functionality, features, on-line help or performance.
-
- 3. Java Platform Interface. Customer 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 Customer creates any Java-related API and distributes
- such API to others for applet or application development, Customer must
- promptly publish broadly, an accurate specification for such API for free use
- by all developers of Java-based software.
-
- 4. Trademarks and Logos. This License does not authorize Customer to use any
- Sun name, trademark or logo. Customer 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: (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
- Customer in any Java Mark.
-