PC World Plus! (NZ) 2001 July/TRIAL_ENTCDJB4.iso/JBuilder/ias/license.txt

Text File | 2000-08-30 | 19KB | 282 lines

INPRISE APPLICATION SERVER V4.1

INPRISE NO-NONSENSE LICENSE STATEMENT
AND LIMITED WARRANTY

IMPORTANT - READ CAREFULLY
The Inprise software product ("Software") identified above, including any software,
media, and accompanying on-line or printed documentation, is licensed, not sold, by
Inprise Corporation ("Inprise") to the individual or organization named in your invoice
("you").  This license statement and limited warranty constitutes a legal agreement
("License Agreement") between you and Inprise for the Software.  BY INSTALLING,
COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE
AGREEMENT.  If you are the original purchaser and you do not agree with the terms
and conditions of the License Agreement, promptly return the unused Software to the
place from which you obtained it for a full refund.

Upon your acceptance of the terms and conditions of the License Agreement, Inprise
grants you the right to use the Software for your own internal data processing purposes in
the manner provided herein and subject to the following license type and number
restrictions:

(a)     Your invoice will show the number of licenses, by license type, for the Software
you have acquired from Inprise.  The total number of Software copies used by
you may not exceed the number of licenses acquired by you for the specified
license type.  Your use of the Software is restricted by license type as follows:

(i)     NAMED USER (development use only) - a specific named person is
permitted to use the Software for development purposes only; to deploy a
particular application program created with the Software, you must first
obtain from Inprise one of the following deployment licenses for each
deployment of the particular application program,
(ii)     CONCURRENT USER (non-development, deployment use only) - each copy
of the Software is permitted to be accessed at any one time by no more than
the number of users licensed for that particular copy of the Software running
on a particular machine,
(iii)     MACHINE (non-development, deployment use only) - a specific hardware
system as designated on your invoice is permitted to run the Software, and
(iv)     MACHINE, BY NUMBER OF PROCESSORS (non-development,
deployment use only) - a specific hardware system having a specific number
of processors as designated on your invoice is permitted to run the Software.

(b)     You may acquire additional licenses from Inprise.  Only licensed users for whom
the licenses have been acquired may use the Software.

(c)     Only licensed users may make copies of the Software for their backup purposes.

(d)     Only licensed users may access the Software over a network.

(e)     If this license was acquired for evaluation or demonstration purposes, your license
is for a term of sixty (60) days (Evaluation Period) from the date the Software was
installed.  At the end of the Evaluation Period, further use of the Software by you
is prohibited without the purchase of a permanent license.  If you are not
interested in purchasing a license for the Software at the end of the Evaluation
Period, you hereby agree to remove the Software from all computer systems on
which it was installed and to destroy any software and documentation received.
You may request a longer Evaluation Period or an Evaluation Period extension by
contacting your sales representative.

The Software is owned by Inprise or its suppliers and is protected by copyright law and
international copyright treaty.  Therefore, you must treat the Software like any other
copyrighted material (e.g., a book), except that you may either make one copy of the
Software solely for backup or archival purposes or transfer the Software to a single hard
disk provided you keep the original solely for backup or archival purposes.

You may transfer the Software and documentation on a permanent basis to another
individual or organization for the number of licenses, by license type, you have acquired
from Inprise, provided that you obtain the prior written approval of Inprise.  Inprise will
not withhold approval to a transferee located and for use within the country of purchase,
if you advise Inprise in writing of the name and address of the proposed transferee and
the transferee agrees to be bound by this License Agreement and submits to Inprise a new
registration form identifying the machine(s) and user(s) to which the Software will be
transferred.  If Inprise approves the transfer of the Software, you agree to transfer all
copies of the Software and documentation.

Except as provided in the License Agreement, you may not transfer, rent, lease, lend,
copy, modify, translate, sublicense, time-share or electronically transmit or receive the
Software, media or documentation.  You acknowledge that the Software in source code
form remains a confidential trade secret of Inprise and/or its suppliers and therefore you
agree not to modify the Software or attempt to reverse engineer, decompile, or
disassemble the Software, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.

Upon Inprise's written request, you shall furnish Inprise with a signed certificate (a)
verifying that the Software is being used fully in accordance with this License
Agreement, including user and machine limitations, and (b) listing the locations, types
and serial numbers of equipment on which the Software is run.  Inprise may also audit the
number of copies of the Software in use by or in the possession of you, the equipment in
or upon which the Software is installed and used and the number of users using the
Software. Audits shall be conducted during your normal business hours at Inprise's
expense and so as not to interfere unduly with your business.  If an audit reveals any
unpaid or underpaid fees due to Inprise, you shall be invoiced for them based upon
Inprise's price list then in effect and, if the unpaid or underpaid fees shall exceed 5% of
the license fees paid, you shall also be invoiced for the cost of Inprise's audit.

If you have purchased an upgrade version of the Software, it constitutes a single product
with the Inprise software that you upgraded.  You may use or transfer the upgrade
version of the Software only in accordance with the License Agreement.

The Software is intended for use in the country into which Inprise sold it (or in the EEC,
if sold into the EEC).  The Software is subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You agree to comply strictly
with all such laws and regulations and acknowledge that you have the responsibility to
obtain such licenses to export, re-export, or import as may be required after delivery to
you.

GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND
REDISTRIBUTABLES
If you have purchased a development license, you may write and compile (including
byte-code compile) your own application programs using the Software, including any
libraries and source code included for such purpose with the Software.  If you have
purchased a deployment license, you may reproduce and distribute, in executable form
only, programs that you create using the Software, up to the number and type for which
you are licensed, subject to all of the conditions in this statement.

Inprise products that are licensed for deployment may include certain files
("Redistributables") intended for distribution by you to the users of programs you create.
Redistributables include, for example, those files identified in the accompanying printed
or on-line documentation as redistributable files, those files preselected for deployment
by an install utility provided with the Software (if any), or those files pre-selected by a
third party install utility which operates under control of an install script which Inprise
has certified (if any) for use by licensed users of this Software for deploying applications.
In any event, the Redistributables for the Software are only those files specifically
designated as such by Inprise.  From time to time, Inprise may designate other files as
Redistributables.  You should refer to the documentation, including any "readme" or
"deploy" files included with the Software, for additional information.

If you have purchased a deployment license and subject to all of the conditions in this
statement, you may reproduce and distribute exact copies of the Redistributables,
provided that such copies are made from the original copy of the Software or the copy
transferred to the single hard disk.  Copies of Redistributables may only be distributed
with and for the sole purpose of executing application programs permitted under this
statement that you have created using the Software.  Under no circumstances may any
copies of Redistributables be distributed separately.  Regardless of any modifications
which you make and regardless of how you might compile, link, and/or package your
programs, under no circumstances may the libraries (including runtime libraries), code,
Redistributables, and/or other files of the Software (including any portions thereof) be
used for developing programs by anyone other than you.  Only you as the licensed user
(or the Named User for your entity) have the right to use the libraries (including runtime
libraries), code, Redistributables, or other files of the Software (or any portions thereof)
for developing programs created with the Software.  In particular, you may not share
copies of the Redistributables with other co-developers.  You may not reproduce or
distribute any Inprise documentation without Inprise's permission.

The license granted herein for you to create your own compiled programs and distribute
your programs and the Redistributables (if any) is subject to all of the following
conditions:  (i) you have purchased from Inprise a deployment license that is appropriate
for your deployment; (ii) all copies of the programs you create must bear a valid
copyright notice, either your own or the Inprise copyright notice that appears on the
Software;  (iii) you may not remove or alter any Inprise copyright, trademark or other
proprietary rights notice contained in any portion of Inprise libraries, source code,
Redistributables or other files that bear such a notice;  (iv) Inprise provides no warranty
at all to any person, other than the Limited Warranty provided to the original purchaser of
the Software, and you will remain solely responsible to anyone receiving your programs
for support, service, upgrades, or technical or other assistance, and such recipients will
have no right to contact Inprise for such services or assistance;  (v) you will indemnify
and hold Inprise, its related companies and its suppliers, harmless from and against any
claims or liabilities arising out of the use, reproduction or distribution of your programs;
(vi) your programs must be written using a licensed, registered copy of the Software;
(vii) your programs must add primary and substantial functionality, and may not be
merely a set or subset of any of the libraries (including runtime libraries), code,
Redistributables or other files of the Software; (viii) regardless of any modifications
which you make and regardless of how you might compile, link, or package your
programs, the libraries (including runtime libraries), code, Redistributables, and/or other
files of the Software (including any portions thereof) may not be used in programs
created by your end users (i.e., users of your programs) and may not be further
redistributed by your end users; and (ix) you may not use Inprise's or any of its suppliers'
names, logos, or trademarks to market your programs, except to state that your program
was written using the Software.

The Software might include source code, redistributable files, and/or other files provided
by a third party vendor (Third Party Software).  Since use of Third Party Software might
be subject to license restrictions imposed by the third party vendor, you should refer to
the on-line documentation (if any) provided with Third Party Software for any license
restrictions imposed by the third party vendor.  In any event, any license restrictions
imposed by a third party vendor are in addition to, not in lieu of, the terms and conditions
of the License Agreement.

All Inprise libraries, source code, Redistributables and other files remain Inprise's
exclusive property.  Regardless of any modifications that you make, you may not
distribute any files (particularly Inprise source code and other non-executable files)
except those that Inprise has expressly designated as Redistributables.  Nothing in the
License Agreement permits you to derive the source code of files that Inprise has
provided to you in executable form only, or to reproduce, modify, use, or distribute the
source code of such files.  You are not, of course, restricted from distributing source code
or byte code that is entirely your own.  Source code which you generate with an Inprise
source code generator, such as an Application Wizard, is considered by Inprise to be your
code.

Contact Inprise for the applicable royalties due and other licensing terms for all other
uses and/or distribution of the Redistributables.

ADDITIONAL LICENSE TERMS FOR JDATASTORE
The portion of the Software identified as JDATASTORE is licensed for development
purposes only. To deploy a particular application program created with the Software that
requires JDATASTORE, you must first obtain a deployment license (available
separately) from Inprise for each deployment of the particular application program.

LIMITED WARRANTY
Except with respect to the Redistributables, which are provided "as is," without warranty
of any kind, Inprise warrants that the Software, as updated and when properly used, will
perform substantially in accordance with the accompanying documentation, and the
Software media will be free from defects in materials and workmanship, for a period of
ninety (90) days from the date of receipt.  Any implied warranties on the Software are
limited to ninety (90) days.  Some states/jurisdictions do not allow limitations on duration
of an implied warranty, so the above limitation may not apply to you.

Inprise's and its suppliers' entire liability and your exclusive remedy shall be, at Inprise's
option, either (a) return of the price paid, or (b) repair or replacement of the Software that
does not meet Inprise's Limited Warranty and which is returned to Inprise with a copy of
your receipt.  DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE
INPRISE CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN
AUTHORIZATION NUMBER.  This Limited Warranty is void if failure of the Software
has resulted from accident, abuse, or misapplication.  Any replacement Software will be
warranted for the remainder of the original warranty period or thirty (30) days, whichever
is longer.  Outside the United States, neither these remedies nor any product support
services offered by Inprise are available without proof of purchase from an authorized
non-U.S. source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INPRISE
AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE
SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL INPRISE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF INPRISE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, INPRISE'S AND ITS
SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE
AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25;
PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN INPRISE SUPPORT
SERVICES AGREEMENT, INPRISE'S AND ITS SUPPLIERS' ENTIRE LIABILITY
REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF
THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use
or resale as on-line control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of the Software could lead directly to death, personal injury,
or severe physical or environmental damage ("High Risk Activities"). Inprise and its
suppliers specifically disclaim any express or implied warranty of fitness for High Risk
Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS
The Software 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 Inprise
Corporation, 100 Enterprise Way, Scotts Valley, CA 95066.

GENERAL PROVISIONS
All terms of any purchase order or other ordering document shall be superseded by the
License Agreement.  The License Agreement may only be modified in writing signed by
you and an authorized officer of Inprise.  If any provision of the License Agreement is
found void or unenforceable, the remainder will remain valid and enforceable according
to its terms.  If any remedy provided is determined to have failed for its essential purpose,
all limitations of liability and exclusions of damages set forth in the Limited Warranty
shall remain in effect.

The License Agreement shall be construed, interpreted and governed by the laws of the
State of California, U.S.A.  The License Agreement gives you specific legal rights; you
may have others that vary from state to state and from country to country.  Inprise
reserves all rights not specifically granted in the License Agreement.