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- JavaTM Plug-in HTML Converter
-
- Version: 1.3.1
-
- Binary Code License
-
-
-
- SUN MICROSYSTEMS, INC., THROUGH JAVASOFT ("SUN") IS WILLING TO
- LICENSE THE JAVATM PLUG-IN HTML CONVERTER 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 Licensee's value-added applet or application ("Program"),
- and for the sole purpose of allowing customers of Licensee to
- modify HTML pages to access Sun's JavaTM Plug-in technology;
- (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) 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
- interoperability, 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.
-
-