Java 1.2 How-To/JavaHowTo.iso/3rdParty/jbuilder/unsupported/BEANS/ENGLISH/OBJECTFX/LICENSE.TXT

Text File | 1998-05-08 | 13.0 KB | 265 lines

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OBJECT/FX CORPORATION
ELECTRONIC SPATIALX LICENSE AGREEMENT
FOR SPATIALX(TM) SOFTWARE & DATA
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

NOTICE TO USER:

THIS IS A CONTRACT.  BY INSTALLING THIS SOFTWARE YOU
ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IMPORTANT: DO NOT OPEN THE ENCLOSED MEDIA PACKAGE UNTIL
YOU HAVE READ AND AGREED TO THIS LICENSE AGREEMENT.
WHERE THERE IS NO SEAL OR PACKAGING TO OPEN, INSTALLATION
AND/OR USE OF SOFTWARE AND/OR DATA CONSTITUTES ACCEPTANCE.

This is a legal agreement between you and Object/FX
Corporation (Object/FX).  By breaking the seal and opening
the media package you are consenting to the terms of this
License.  If you do not agree to the terms of this
non-exclusive License Agreement, DO NOT OPEN THE MEDIA
PACKAGE.  Where there is no seal or packaging to open, use
of Software and/or Data constitutes acceptance.  For a
full refund, return the unopened media package and all
accompanying materials within seven (7) days to Object/FX.

DEFINITIONS:  As used in this License Agreement, "Software"
means the computer programs either contained on the media
in the package, or which you have downloaded, together with
any additional Object/FX proprietary programs, updates or
revisions subsequently licensed by you.  "Software Copies"
means the actual copies of all or any portion of the
Software, including backups, updates, merged or partial
copies permitted hereunder or subsequently licensed to you.
"Data" means the non-Software information contained on the
media provided with this package, or downloaded, and which
is used and manipulated by the Software.  "Data Copies"
means the actual copies of all or any portion of the Data,
including backups, updates, merged or partial copies
permitted hereunder or subsequently provided to you.
"Related Materials" means all of the printed materials and
whatever is in the package or downloaded, and the
non-Software and non-Data contained on the media supplied
in the package, downloaded, or otherwise supplied by or
from Object/FX for use with the Software and Data.
"License" means a single computer system.  "Application"
means software developed or deployed by you, which
incorporates all or a portion of the Software and Data.
"Concurrent Users" means a specified number of individual
workstations licensed to access Software and/or Data or
Applications on a Server at any one time, which once
reached, results in prohibition of any further access
until such time as one or more workstations discontinues
access.  In order to preserve and protect its rights
under applicable law, Object/FX is not selling you
ownership rights to Software or Data (owned by or
licensed to Object/FX).  Object/FX specifically retains
title to all Object/FX Software, Data and Related
Materials, and Object/FX licensors retain title to items
owned by them.

DEVELOPMENT LICENSE ONLY: USES PERMITTED:  Software and
Data may be used only by one person (and not accessed
otherwise) on a single computer.  Software and Data may
be installed onto a hard disk drive. The Software and
Data may also be stored or installed on a storage device
such as a network server, used only to install or access
the Software or Data on your other computers over an
internal network; however, you must have acquired a
license for each separate computer on which the Software
or Data is installed or accessed from the storage device.
A development license for Software or Data may not be
shared or used concurrently on different computers.  One
backup copy may be made for each legally obtained media
copy or downloaded copy you have received, provided that
all Object/FX and third party licensor information
including copyright notices are maintained, and
possession of the copy is retained by you in a secure
location.  In addition, you agree to use reasonable
efforts to protect the Software and Data from
unauthorized use, reproduction, distribution or
publication.  All rights not specifically granted in
this License are reserved by Object/FX.

DEPLOYMENT SERVER LICENSE ONLY: USES PERMITTED:
Applications containing Software and Data may be
installed on one or more Servers.  Access to the
Applications, Software and Data on the Server(s) is
restricted based on the Deployment Server License(s)
purchased by you.  License options, for either
client/server or intranet deployments, are either
Concurrent Users (for the number specified) or unlimited
internal users.  One backup copy may be made for each
legally obtained media copy or downloaded copy you have
received (and not per user), provided that it is
necessary to preserve the use of the Software, is used
only for backup purposes, all Object/FX and third party
licensor information including copyright notices are
maintained, and possession of the copy is retained by
you in a secure location.  In addition, you agree to use
reasonable efforts to protect the Application, Software
and Data from unauthorized use, reproduction,
distribution or publication.  All rights not
specifically granted in this License are reserved by
Object/FX.


DEVELOPMENT LICENSE AND DEPLOYMENT SERVER LICENSE:
UNLESS OTHERWISE AGREED TO IN WRITING WITH OBJECT/FX
YOU MAY NOT (1) Make copies of the Application, Software
or Data, except as permitted above; (2) Make copies of
the Related Materials; (3) Use any Object/FX product to
translate the product of another licensor unless you have
the legal right to do so; (4) Allow a greater number of
developers to use the Software and Data at any one time,
than the total number of development licenses for which
you have paid; (5) Allow a greater number of end users to
use the Application at any one time, than the number of
users supported by the deployment server licenses for
which you have paid; (6) Rent, lease, sublicense, sell or
lend the Application, Software, Software Copies, Data,
Data Copies, Related Materials or your rights under this
License, or allow access to the Software for unlicensed
internal users; (7) Alter, decompile, disassemble or
reverse-engineer the Software; (8) Make any attempt to
unlock or bypass any initialization system, or system
designed to control Concurrent Users, or encryption
techniques utilized by the Software or Data; or (9) Alter,
remove or obscure any proprietary legend, copyright or
trademark notice contained in or on Software, Data or
related Materials; (10) UNDER NO CIRCUMSTANCES ARE YOU
ALLOWED TO PROVIDE THIRD PARTIES (E.G. PARTIES OTHER
THAN INTERNAL USERS) ACCESS TO THE APPLICATION(S),
SOFTWARE AND/OR DATA THROUGH ANY MEANS, INCLUDING THE
INTERNET, TO OBTAIN REPORTS, MAPS OR OTHER OUTPUT,
WITHOUT SPECIFICALLY OBTAINING A SEPARATE AGREEMENT
FROM OBJECT/FX FOR SUCH USE.

DURATION:  This License Agreement is effective from the
day you open the sealed media package or download the
Software and/or Data and continues until terminated.
If you fail to comply with any provision of the License,
termination is automatic, without notice from Object/FX
and without the necessity for recourse to any judicial
authority.  Upon termination, you must destroy the
written materials, the Software, Data and all Software
and Data Copies.  Object/FX can also enforce its other
legal and equitable rights.

GENERAL:  This Agreement represents our entire
understanding and agreement regarding the Software,
Software Copies, Data, Data Copies and Related Materials,
and supersedes any prior purchase order, communication,
advertising or representation, and may only be modified
in a written amendment signed by an authorized Object/FX
representative or by a specific prior or subsequent
written agreement between the parties.  If any provision
of the Agreement shall be unlawful, void or for any
reason unenforceable, that provision shall be deemed
severable from, and shall in no way affect the validity
or enforceability of, the remaining provisions.

LIMITED WARRANTY

COVERING THE PHYSICAL MEDIA AND PRINTED MATERIALS:
Object/FX warrants to you, the original licensee, that
the media on which the Software and/or Data is recorded
are free from defects in materials and workmanship under
normal use and service FOR A PERIOD OF NINETY (90) DAYS
FROM THE DATE OF LICENSE PURCHASE as evidenced by a copy
of the receipt.  Object/FX's entire liability and your
exclusive remedy as to defective media or Related
Material(s) shall be, at Object/FX's option, either
return of the license purchase price or replacement of
the media or Related Material(s).  Each defective item,
along with proof of license purchase and date, must be
sent in a traceable manner, to: Object/FX Corporation,
2515 Wabash Avenue, Suite 200, St. Paul, MN 55114.

DISCLAIMER REGARDING THE SOFTWARE, DATA AND RELATED
MATERIALS:  THE SOFTWARE, DATA AND THE RELATED MATERIALS
ARE PROVIDED "AS IS."  EXCEPT AS MAY OTHERWISE BE
EXPRESSLY SET FORTH HEREIN, OBJECT/FX MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED WITH
RESPECT TO THE SOFTWARE, THE DATA OR THE RELATED
MATERIALS, INCLUDING BY WAY OF EXAMPLE AND NOT
LIMITATION, THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BY WAY OF FURTHER EXAMPLE AND NOT LIMITATION,
OBJECT/FX MAKES NO REPRESENTATION OR WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY,
RELIABILITY OR COMPLETENESS OF THE DATA OR THE RELATED
MATERIALS.  THE ENTIRE RISK AS TO THE USE OF THE
SOFTWARE, THE DATA AND THE RELATED MATERIALS IS
ASSUMED BY YOU.  IN NO EVENT SHALL OBJECT/FX BE LIABLE
TO YOU OR ANY OTHER PERSON, REGARDLESS OF THE CAUSE,
FOR THE EFFECTIVENESS OR ACCURACY OF THE SOFTWARE, THE
DATA OR THE RELATED MATERIALS, OR FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
FROM OR OCCASIONED BY YOUR USE OF THE SOFTWARE, THE
DATA  OR THE RELATED MATERIALS, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.  IN THE EVENT THE
FOREGOING IS FOUND BY A COURT OF COMPETENT
JURISDICTION TO BE INEFFECTIVE, YOU HEREBY AGREE THAT
OBJECT/FX'S MAXIMUM LIABILITY FOR ANY CLAIM ARISING IN
CONNECTION WITH THE SOFTWARE, THE DATA AND/OR THE
RELATED MATERIALS (WHETHER IN CONTRACT, TORT, INCLUDING
NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) SHALL NOT
EXCEED THE LICENSE FEES PAID BY YOU WITH RESPECT TO THE
SOFTWARE, DATA AND/OR RELATED MATERIALS AT ISSUE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING
PROVISION WITH RESPECT TO EXCLUDING OR LIMITING SUCH
DAMAGES MAY NOT APPLY TO YOU.

ACKNOWLEDGEMENT:  You acknowledge that you have read
this LIMITED WARRANTY, understand it, and agree to be
bound by its terms and conditions.  You also agree that:
(1) No oral or written information or advice given by
Object/FX, its dealers, distributors, agents or
employees shall in any way increase the scope of this
Limited Warranty, and you may not rely on any such
information or advice.  (2) Unless a written governing
agreement signed by you and Object/FX exists, this
License Agreement is the complete and exclusive
statement of agreement between Object/FX and you, and
supersedes all proposals, oral or written, and any
other communications you may have had prior to
purchasing your license.  (3) Except for the price and
delivery terms agreed upon by both parties, the terms
and conditions of this License Agreement shall
supersede those set forth in any purchase order where
the purchase order conflicts or is inconsistent with
or adds to the terms and conditions of this License,
and those superseded purchase order terms and
conditions shall be null and void.  (4) If your
organization has purchased a multiple user License,
you agree to assure that copies of this License
Agreement are distributed, read and agreed to by each
person using a licensed product.

GOVERNING LAW:  This Agreement shall be governed by
the laws of the State of Minnesota, United States,
excluding its conflicts of laws principles and
excluding the United Nations Convention on Contracts
for the International Sale of Goods.  You agree to
exclusive jurisdiction of Minnesota federal and state
courts, Hennepin or Ramsey County, for resolution of
any dispute related to this Agreement.

U.S. GOVERNMENT RESTRICTED RIGHTS:  The Software, Data
and documentation are provided with RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is
subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights at 48 CFR
52.227-19, as applicable.  Manufacturer is Object/FX
Corporation, 2515 Wabash Avenue, Suite 200, St. Paul,
MN 55114.  Rights are reserved under copyright laws
of the United States with respect to unpublished
portions of the Software.