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- JavaTM Plug-in
-
- Version 1.1.1
-
- Binary Code License
-
-
-
- SUN MICROSYSTEMS, INC., THROUGH JAVASOFT ("SUN") IS WILLING TO
- LICENSE THE JAVATM PLUG-IN 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. LICENSE GRANT
-
- (A) License To Use
-
- Licensee is granted a non-exclusive and non-transferable no fee license to
- download, install and internally use the binary Software. Licensee may copy the
- Software, provided that Licensee reproduces all copyright and other proprietary
- notices that are on the original copy of the Software.
-
- (B) License to Distribute
-
- Licensee is granted a royalty-free right to reproduce and distribute the
- Software provided that Licensee: (i) distributes Software complete and
- unmodified only as part of, and for the sole purpose of running, Licensee's
- Java compatible applet or application ("Program"); (ii) does not distribute
- additional software intended to replace any component(s) of the Software;
- (iii) agrees to incorporate the most current version of the Software that was
- available 180 days prior to each production release of the Program; (iv) does
- not remove or alter any proprietary legends or notices contained in the Software;
- (v) includes the provisions of Sections 1(C), 1(D), 5, 7, 8, 9 in Licensee's license
- agreement for the Program; (vi) to the extent Programs are developed which utilize
- the Windows 95 style graphical user interface or components contained therein,
- such applets or applications may only be developed to run on a Windows 95 or
- Windows NT platform; and (vi) agrees to indemnify, hold harmless, and defend Sun
- and its licensors from and against any claims or lawsuits, including attorneys'
- fees, that arise or result from the use or distribution of the Program.
-
- (C) Java Platform Interface
-
- Licensee may not modify the Java Platform Interface ("JPI", identified as
- classes contained within the "java" package or any subpackage of the "java" package),
- by creating additional classes within the JPI or otherwise causing the addition to
- or modification of the classes in the JPI. In the event that Licensee creates any
- Java-related API and distributes such API to others for applet or application
- development, Licensee must promptly publish broadly, an accurate specification for
- such API for free use by all developers of Java-based software.
-
- (D) 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.
-
- (E) 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.
-
- 2. 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.
-
- 3. TRADEMARKS AND LOGOS
-
- This Agreement does not authorize licensee to use any Sun name, trademark,
- or logo. Licensee acknowledges that Sun owns the Java trademark and all Java-related
- trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and
- agrees to: (i) comply with the Java Trademark Guidelines at
- http://java.sun.com/trademarks.html; (ii) not do anything harmful to or inconsistent
- with Sun's rights in the Java Marks; and (iii) assist Sun in protecting those rights,
- including assigning to Sun any rights acquired by Licensee in any Java Mark.
-
- 4. TERM, TERMINATION AND SURVIVAL
-
- (A) The Agreement shall automatically terminate 180 days after production release
- of the next version of the Software by Sun.
-
- (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 1 (D), 2, 5, 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 or support for
- the Software under 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 subsequent
- 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.
-
-