Java 1.2 How-To/JavaHowTo.iso/3rdParty/jbuilder/unsupported/JDK1.2beta3/SOURCE/LICENSE

Text File | 1998-03-20 | 10.9 KB | 236 lines

                        JDK Version 1.2 Beta 3

                     Binary Code Evaluation License


SUN MICROSYSTEMS, INC., THROUGH ITS JAVASOFT BUSINESS
("SUN") IS WILLING TO LICENSE THE JAVA DEVELOPMENT KIT
VERSION 1.2 BETA 3 SOFTWARE AND THE ACCOMPANYING
DOCUMENTATION INCLUDING AUTHORIZED COPIES OF EACH (THE
"SOFTWARE") TO LICENSEE ONLY ON THE CONDITION THAT
LICENSEE ACCEPTS ALL OF THE TERMS IN THIS AGREEMENT.

PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING ON THE
"ACCEPT" BUTTON. BY CLICKING ON THE "ACCEPT" BUTTON,
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ AND
UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY
ITS TERMS AND CONDITIONS.

IF LICENSEE DOES NOT ACCEPT THESE LICENSE TERMS, SUN
DOES NOT GRANT ANY LICENSE TO THE SOFTWARE, AND
LICENSEE SHOULD CLICK ON THE "REJECT" BUTTON TO EXIT
THIS PAGE.

1. EVALUATION LICENSE PERIOD

Licensee may use the binary Software for a period of ninety (90) days
from the date Licensee downloads the Software from a Sun designated
website (the "Term"). At the end of the Term, Licensee must immediately
cease use of and destroy the Software or, upon request from Sun, return
the Software to Sun. The Software may contain a mechanism which
(i) disables the Software at the end of the Term or (ii) advises the
end user that the license has expired.

2. LICENSE GRANT

(A) License Rights

Licensee is granted a non-exclusive and non-transferable license to
download, install and internally use the binary Software for beta
testing and evaluation purposes only. Licensee may make one copy of
the Software only for archival purposes in support of Licensee's use
of the Software, provided that Licensee reproduce all copyright and
other proprietary notices that are on the original copy of the
Software.

(B) License Restrictions

The Software is licensed to Licensee only under the terms of this
Agreement, and Sun reserves all rights not expressly granted to
Licensee. Licensee may not use, copy, modify, or transfer the Software,
or any copy thereof, except as expressly provided for in this
Agreement. Except as otherwise provided by law for purposes of
decompilation of the Software solely for inter-operability, Licensee
may not reverse engineer, disassemble, decompile, or translate the
Software, or otherwise attempt to derive the source code of the
Software. Licensee may not rent, lease, loan, sell, or distribute the
Software, or any part of the Software. No right, title, or interest in
or to any trademarks, service marks, or trade names of Sun or Sun's
licensors is granted hereunder.

(C) Acknowledgment that Software is Experimental

Licensee acknowledges that Software furnished hereunder is
experimental and may have defects or deficiencies which cannot or will
not be corrected by Sun and that Sun is under no obligation to release
the Software as a product. Licensee will release and discharge Sun
from any liability from any claims that any product released by Sun is
incompatible with the Software. Further, Licensee will defend and
indemnify Sun from any claims made by Licensee's customers that are
based on incompatibility between the Software and any products
released by Licensee. Licensee will have sole responsibility for the
adequate protection and backup of Licensee's data and/or equipment
used with the Software.

(D) Aircraft Product and Nuclear Applications Restriction

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. LICENSEE REPRESENTS AND
WARRANTS THAT IT WILL NOT USE THE SOFTWARE FOR
SUCH PURPOSES.

3. CONFIDENTIALITY

The Software is the confidential and proprietary information of Sun
and/or its licensors. The Software is protected by United States
copyright law and international treaty. Unauthorized reproduction or
distribution is subject to civil and criminal penalties. Licensee
agrees to take adequate steps to protect the Software from
unauthorized disclosure or use.

4. TERM, TERMINATION AND SURVIVAL

(A) The Agreement is effective until expiration of the Term, unless
sooner terminated as provided for herein.

(B) Licensee may terminate this Agreement at any time by destroying
all copies of the Software.

(C) This Agreement will immediately terminate without notice if
Licensee fails to comply with any obligation of this Agreement.

(D) Upon termination, Licensee must immediately cease use of and
destroy the Software or, upon request from Sun, return the Software to
Sun.

(E) The provisions set forth in paragraphs 2(B), 3, 7, 8, 9, and 10
will survive termination or expiration of this Agreement.

5. NO WARRANTY

THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS".
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS,
AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

6. MAINTENANCE AND SUPPORT

Sun has no obligation to provide maintenance, support, updates or
error corrections for the Software under this Agreement. In the event
Sun, in its sole discretion, provides updates to Licensee, Licensee
agrees to install and update the Software with such updates within
fifteen (15) days from notification by Sun of the updates availability.
Updates will be deemed Software hereunder and unless subject to terms
of a specific update license, will be furnished to Licensee under the
terms of this Agreement.

7. LIMITATION OF DAMAGES

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,
SUN'S AGGREGATE LIABILITY TO LICENSEE OR TO ANY
THIRD PARTY FOR CLAIMS RELATING TO THIS AGREEMENT,
WHETHER FOR BREACH OR IN TORT, WILL BE LIMITED TO
THE FEES PAID BY LICENSEE FOR SOFTWARE WHICH IS
THE SUBJECT MATTER OF THE CLAIMS. IN NO EVENT WILL
SUN BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION
WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING
LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR
OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES,
WHETHER FOR BREACH OR IN TORT, EVEN IF SUN HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. LIABILITY FOR DAMAGES WILL BE LIMITED AND
EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED
FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

8. GOVERNMENT USER

Rights in Data: If procured by, or provided to, the U.S. Government,
use, duplication, or disclosure of technical data is subject to
restrictions as set forth in FAR 52.227-14(g)(2), Rights in
Data-General (June 1987); and for computer software and computer
software documentation, FAR 52-227-19, Commercial Computer Software-
Restricted Rights (June 1987). However, if under DOD, use, duplication,
or disclosure of technical data is subject to DFARS 252.227-7015(b),
Technical Data-Commercial Items (June 1995); and for computer software
and computer software documentation, as specified in the license under
which the computer software was procured pursuant to
DFARS 227.7202-3(a). Licensee shall not provide Software nor technical
data to any third party, including the U.S. Government, unless such
third party accepts the same restrictions. Licensee is responsible for
ensuring that proper notice is given to all such third parties and
that the Software and technical data are properly marked.

9. EXPORT LAW

Licensee acknowledges and agrees that this Software and/or technology
is subject to the U.S. Export Administration Laws and Regulations.
Diversion of such Software and/or technology contrary to U.S. law is
prohibited. Licensee agrees that none of this Software and/or
technology, nor any direct product therefrom, is being or will be
acquired for, shipped, transferred, or reexported, directly or
indirectly, to proscribed or embargoed countries or their nationals,
nor be used for nuclear activities, chemical biological weapons, or
missile projects unless authorized by the U.S. Government. Proscribed
countries are set forth in the U.S. Export Administration Regulations.
Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North
Korea, Syria, and the Sudan. This list is subject to change without
further notice from Sun, and Licensee must comply with the list as it
exists in fact. Licensee certifies that it is not on the U.S.
Department of Commerce's Denied Persons List or affiliated lists or on
the U.S. Department of Treasury's Specially Designated Nationals List.
Licensee agrees to comply strictly with all U.S. export laws and
assumes sole responsibility for obtaining licenses to export or
reexport as may be required.

Licensee is responsible for complying with any applicable local laws
and regulations, including but not limited to, the export and import
laws and regulations of other countries.

10. GOVERNING LAW, JURISDICTION AND VENUE

Any action related to this Agreement shall be governed by California
law and controlling U.S. federal law, and choice of law rules of any
jurisdiction shall not apply. The parties agree that any action shall
be brought in the United States District Court for the Northern
District of California or the California superior Court for the County
of Santa Clara, as applicable, and the parties hereby submit
exclusively to the personal jurisdiction and venue of the United
States District Court for the Northern District of California and the
California Superior Court of the county of Santa Clara.

11. NO ASSIGNMENT

Neither party may assign or otherwise transfer any of its rights or
obligations under this Agreement, without the prior written consent of
the other party, except that Sun may assign its right to payment and
may assign this Agreement to an affiliated company.

12. OFFICIAL LANGUAGE

The official text of this Agreement is in the English language and any
interpretation or construction of this Agreement will be based thereon.
In the event that this Agreement or any documents or notices related to
it are translated into any other language, the English language version
will control.

13. ENTIRE AGREEMENT

This Agreement is the parties' entire agreement relating to the
Software. It supersedes all prior or contemporaneous oral or written
communications, proposals, warranties, and representations with respect
to its subject matter, and following Licensee's acceptance of this
license by clicking on the "Accept" Button, will prevail over any
conflicting or additional terms of any quote, order, acknowledgment,
or any other communications by or between the parties. No modification
to this Agreement will be binding, unless in writing and signed by an
authorized representative of each party.