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-
- License Information for Java Development Kit on SCO operating systems
- ----------------------------------------------------------------------
- This Java Development Kit is licensed under one of the following
- SCO Software License Agreements, depending on where you use this
- software:
-
- If you are using this JDK with commercial versions of SCO
- UnixWare or SCO OpenServer, the SCO Software License Agreement
- for that operating system applies also to this JDK. See below
- for the English version of this license.
-
- If you are using this JDK with Free SCO OpenServer or Free SCO
- UnixWare, the additional license terms and conditions relating to
- the noncommercial, personal, educational use also apply.
-
- If you are using this JDK with a Beta or Early Availability
- Program operating system release of any SCO product, the license
- terms and conditions for that release also apply.
-
- Please refer to the license information in your SCO operating
- system package for more details.
- ---------------------------------------------------------------------
-
- THE SANTA CRUZ OPERATION
- SOFTWARE LICENSE AGREEMENT
-
- CAREFULLY READ ALL TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO
- OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE MEDIA PACKAGE,
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND
- IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU
- DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE
- UNOPENED MEDIA PACKAGE AND THE ACCOMPANYING ITEMS (including
- written materials and binders or other containers) TO THE PLACE
- YOU OBTAINED THEM FOR A FULL REFUND.
-
- REGISTRATION
-
- Certain SCO Products will exhibit modified functioning if they are
- not registered as required.
-
- SCO OPTIONAL MAINTENANCE
-
- SCO may, at its discretion, notify you of Updates that SCO may
- periodically make generally available for the Product, but only if
- you have completed and returned the Registration Card. At your
- request, SCO, directly or, at SCO's discretion, through its local
- authorized representative, will provide you with such Updates,
- subject to the additional charges that SCO or its authorized
- representative may establish. Such an Update may be used only on
- the designated computer as described under the Grant Provision of
- this Agreement. This Provision will not be interpreted to require
- SCO to (i) develop and release Updates or (ii) customize the
- Updates to satisfy your particular requirements. The Updates will
- not include any new products that SCO decides to make generally
- available as a separately priced upgrade or option.
-
- DEFINITIONS
-
- "Agreement" is the contract between the Software User ("You") and
- The Santa Cruz Operation, Inc. ("SCO"), relating to the product
- acquired by You in complete packaged form; in any other case,
- additional or varied terms will apply. The Agreement comprises (i)
- this document, (ii) registration documents, (iii) any additional
- terms contained in the Documentation as referred to herein, and
- (iv) any amendments agreed by both You and SCO in writing. Such
- additional terms shall pertain, without limitation, to the
- following: term, fees and payment, number of permitted Users,
- number of permitted CPU's, registration requirements, restriction
- on runtime environment and transfer of Your rights.
-
- "Product" is (i) the Software contained in the media packet, (ii)
- the published user manuals and documentation, including any
- registration or serialization document that is supplied with the
- Software as part of a standard SCO packaged product (the
- "Documentation"), (iii) the updates or revisions of the Software
- or Documentation that You may receive (the "Updates") and (iv) any
- copy of the Software, Documentation or Updates.
-
- "Software" is the machine-readable (object) code portion of the
- Product and any human readable code contained on the media.
-
- "User" is a person accessing the Software via a local or remote
- interactive device, such as a terminal or workstation, except
- where such use is exclusive to routing or gateway functions of the
- Software.
-
- GRANT
-
- SCO grants You (the Software User) and You accept from SCO, the
- following non-exclusive rights. You are not granted any other
- right in the Software. All proprietary rights in or related to the
- Software are and will remain the exclusive property of SCO or its
- licensors. You further acknowledge that the Software contains
- confidential information owned by SCO or its licensors and agree
- to take reasonable steps to protect the confidentiality of such
- information.
-
- You may load, copy or transmit the Software in whole or in part,
- only as necessary to use the Software on a single personal
- computer or workstation, unless the Software is designated on the
- registration document as being for use on a multiuser or multiple
- system configuration, in which case You must take reasonable means
- to assure that the number of Users does not exceed the permitted
- number of Users.
-
- In addition, You may make back-up or archival copies of the
- Software; you may not copy the printed Documentation.
-
- All trademarks, service marks, patents, copyright and other
- proprietary notices must be reproduced when making copies in whole
- or in part.
-
- You may not reverse compile the Software for any purpose. If You
- wish to exercise any rights under Article 6.1 b of the EC
- Directive on the Legal Protection of Software, (Directive 91/250),
- You shall, in the first instance, write to SCO's Legal
- Department. You may not copy or adapt the Software for the purpose
- of correcting errors in it.
-
- If your software includes font rendering software from Adobe
- Systems, Inc., your use of that software is restricted to a single
- processing unit connected to a display of less than 150 dots per
- inch and, optionally, connected to a printer with a resolution of
- 700 dots per inch or less.
-
- LIMITED WARRANTY
-
- SCO warrants that upon your receipt of the Software and for a
- period of 90 calendar days thereafter, the media on which the
- Software is embedded will be free of defects in material and
- workmanship under normal use. SCO does not warrant that (i) the
- Software and any related Updates will be free of defects, (ii) the
- Software will satisfy all of your requirements or (iii) the use of
- the Software will be uninterrupted or error-free.
-
- In case of breach of warranty or any other duty related to the
- quality of the Software, you must return at your expense and no
- later than 10 days after the expiration of the warranty period,the
- Software to SCO or its local authorized representative, together
- with a copy of your dated Proof of Purchase. SCO or its
- representative will replace any defective media, or if not
- practicable, may terminate this Agreement and refund to you the
- amount paid for the Product. You acknowledge that this Paragraph
- sets forth your exclusive remedy and SCO's exclusive liability for
- any breach of warranty or other duty related to the quality of the
- Product.
-
- LIMITATION OF LIABILITY
-
- EXCEPT FOR THE SCO WARRANTY SET OUT ABOVE, OR OTHERWISE EXPRESSLY
- PROVIDED IN A SEPARATE AGREEMENT WITH SCO OR YOUR SUPPLIER, ALL
- WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND
- GUARANTEES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR
- IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS
- BY SCO, ITS LICENSORS OR REPRESENTATIVES OR OTHERWISE (INCLUDING,
- BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
- A PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND
- DISCLAIMED.
-
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
- WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
- WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
- OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
-
- UNDER NO CIRCUMSTANCES WILL SCO OR ITS LICENSORS OR
- REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
- SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR
- UNFORESEEABLE, BASED ON YOUR CLAIMS OR THOSE OF YOUR CUSTOMERS
- (INCLUDING BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL,
- PROFITS, USE OF MONEY OR USE OF THE PRODUCTS, INTERRUPTION IN USE
- OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF
- OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR
- IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION,
- NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN
- THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT
- APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT WILL THE
- AGGREGATE LIABILITY WHICH SCO OR ITS LICENSORS MAY INCUR IN ANY
- ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU
- FOR THE SPECIFIC PRODUCT THAT DIRECTLY CAUSED THE DAMAGE.
-
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF
- LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
- DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
- EXPORT RESTRICTIONS
-
- You acknowledge that the Product and the media are subject to
- export controls under the U.S. Export Administration Regulations
- and the export regulations of other countries. You may not export
- or re-export, directly or indirectly, the Product, the media, or
- any related technical information or materials unless you have
- obtained an appropriate authorization from the U.S. Commerce
- Department and any other relevant government authority.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS
-
- This Product is commercial computer software. If you are a
- U.S. Government End-User, this license is granted subject to the
- U.S. Government End-User provisions set forth in the
- Documentation; and the Product together with its related
- documentation is subject to the restrictions of U.S.
-
- Government use, duplication or disclosure as set forth in
- subparagraph (c) (1) (ii) of DFARS 252.227-7013 or subparagraph
- (g)(3)(i) of FAR 52.227-14, Alt. III, as
- applicable. Contractor/Manufacturer is The Santa Cruz Operation,
- Inc.
-
- TERM AND TERMINATION
-
- This license shall remain in effect until terminated as set forth
- herein. You may terminate this Agreement, without right to refund,
- by notifying SCO of such termination. SCO may terminate this
- Agreement, upon reasonable notice and without judicial or
- administrative resolution, if you or any of your employees or
- consultants breach any term or condition hereof.
-
- Upon the termination of this Agreement for any reason, all rights
- granted to you hereunder will cease, and you must promptly (i)
- purge the Software and any related Updates from all your computer
- systems, storage media and other files, (ii) destroy the Products
- and all copies thereof and (iii) deliver to SCO an affidavit which
- certifies that you have complied with these termination
- obligations.
-
- ASSIGNMENT
-
- Subject to Your compliance with the Export Restrictions Provision,
- you may assign this Agreement and permanently transfer the
- Products to a third party, but only if you promptly send SCO an
- affidavit signed by You and Your assignee that (i) sets forth your
- assignee's name and address, (ii) identifies the Product being
- assigned (including name, release number and serial number) (iii)
- identifies the manufacturer and serial number of the computer
- system on which Your assignee will load and use the Software and
- any related Updates, (iv) acknowledges that Your assignee will
- comply with the terms and conditions of this Agreement and (v)
- certifies that You have fulfilled item (i) of the Termination
- Section and have not retained any Products or copies
- thereof. Except as provided above, you may not assign, sublicense,
- rent, lend, lease, pledge or otherwise transfer or encumber the
- Products, this Agreement or your rights or obligations hereunder
- without SCO's prior approval.
-
- MISCELLANEOUS
-
- All notices or approvals required or permitted under this
- Agreement must be given in writing. Any waiver or modification of
- this Agreement will not be effective unless executed in writing
- and signed by SCO. This Agreement will bind your
- successors-in-interest. This Agreement is governed by the laws of
- the State of California, U.S.A. If any provision of this Agreement
- is held to be unenforceable, in whole or part, such holding will
- not affect the validity of the other provisions of this
- Agreement. In the event of any inconsistency between this
- Agreement and any other related agreement between SCO and You, the
- terms of this Agreement will prevail.
-
-
-
-