NOTICE TO USER: BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THEM CAREFULLY. THIS SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") ACCOMPANIES THE POWERJ LEARNING EDITION SOFTWARE PROGRAM AND RELATED EXPLANATORY MATERIALS (THE "PROGRAMS"). THE TERM "PROGRAMS" ALSO SHALL INCLUDE ANY MODIFIED VERSIONS OR UPDATES OF THE SOFTWARE PROVIDED TO YOU BY SYBASE. PRIOR TO INSTALLING THESE PROGRAMS YOU WILL BE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL THE PROGRAMS. IF YOU DO NOT ACCEPT THIS AGREEMENT YOU MAY NOT INSTALL THE PROGRAMS.
UPON YOUR ACCEPTANCE OF THIS AGREEMENT, SYBASE GRANTS YOU A LIMITED, NON-EXCLUSIVE LICENSE TO USE THE PROGRAMS AS FOLLOWS:
1. USE OF PROGRAMS. You may install and use the Programs (and accompanying documentation) solely for development, testing, educational and non-commercial production purposes. HOWEVER, IN NO EVENT MAY THE PROGRAMS BE DEPLOYED OR USED FOR ANY COMMERCIAL PRODUCTION PURPOSE UNLESS YOU ACQUIRE A COMMERCIAL LICENSE FROM SYBASE AND PAY THE APPLICABLE FEES. You may distribute the Programs to third parties in conjunction with your applications provided that you do not charge any fee for the Programs or your application and provided further that you distribute these Programs under and subject to the terms and conditions of this Agreement. The Programs may not otherwise be transferred, sold, assigned, sublicensed or otherwise conveyed (whether by operation of law or otherwise) to any other parties without Sybase's prior written consent.
2. COPY RESTRICTIONS AND OTHER RESTRICTIONS. Except as specifically permitted in the documentation, you may not modify or adapt the Programs in whole or in part, or reverse engineer, decompile or disassemble the Programs (except to the extent applicable laws specifically prohibit such restriction). You may not use the Programs for timesharing, rental or service bureau purposes. You shall not remove any copyright notices or other proprietary notices from the Programs or Documentation and you must reproduce such on all copies or extracts of the Programs and Documentation. Results of benchmark or other performance tests run on the Programs may not be disclosed to any third party without Sybase's prior written consent. A version of the Java Development Kit ("JDK") from Sun Microsystems, Inc is integrated with the PowerJ Learning Edition and is provided subject to this Agreement and the following additional terms and conditions:
* The JDK is provided for use solely in conjunction with PowerJ.
* The JDK may contain "Distributable Files" (as identified in the accompanying documentation) that may be redistributed subject to the following additional restrictions: (a) the Distributable Files may be distributed only in conjunction with and as part of an application you develop using PowerJ, (b) your application must add significant and primary functionality to the Distributable Files; (c) the name, logos or trademarks of Sybase or its suppliers are not used to market your application; (d) you agree to indemnify Sybase and its suppliers from and against any third party claims, including court costs and reasonable fees of attorneys and expert witnesses, arising from the use or distribution of any application including such Distributable Files.
3. COPYRIGHT AND OWNERSHIP. The Programs are owned by Sybase, its subsidiaries or their suppliers and are protected by copyright laws and international treaty provisions. You acquire only the non-exclusive right to use the Programs as permitted herein and do not acquire any rights of ownership in the Programs.
4. SUPPORT. These Programs are provided on an "as is" basis and are unsupported. This Agreement does not entitle you to any maintenance or other services or any updates or new versions of the Programs.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The Programs contain confidential and trade secret information of Sybase, Inc. Use, duplication or disclosure of the Programs and related documentation by the U.S. Government is subject to restrictions set forth in this license agreement or in other written agreement specifying the Government's rights to use the software and any applicable FAR provisions, for example, FAR 52.227-19.
6. TERMINATION. This Agreement and your license to use the Programs will continue so long as you remain in compliance with the terms and conditions of this Agreement. Sybase may immediately terminate your license to use the Programs on notice to you if you breach any of your obligations hereunder. Upon termination, you shall cease using the Programs and shall destroy all copies of the Programs (and associated Documentation) in any form. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement.
7. LIMITED WARRANTY. The Programs are provided AS IS, without any warranty whatsoever. You assume the full responsibility for the selection of the Programs to achieve your intended results and for the installation, use and results obtain from the Programs. SYBASE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. The Programs are not fault-tolerant and are not designed, manufactured or intended for use or resale in the on-line control of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Programs could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Sybase and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
8. LIMITATION ON LIABILITY. NEITHER SYBASE, ITS SUBSIDIARIES NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY INACCURACY OF DATA, LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. EXPORT. You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Programs or any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical or biological weapons production.
10. GOVERNING LAW; COMPLETE AGREEMENT. This Agreement constitutes the complete agreement between the parties with respect to the Programs and is governed by the laws of the State of California (other than its conflict of law provisions).
