90 lines
4.9 KiB
Text
90 lines
4.9 KiB
Text
License Agreement
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SUN MICROSYSTEMS, INC. (``SUN'') IS WILLING TO LICENSE ITS JAVABEANS(tm)
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ACTIVATION FRAMEWORK SOFTWARE (``SOFTWARE'') TO
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YOU ("CUSTOMER") ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
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TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). READ THE
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TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY BEFORE SELECTING THE
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"ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE. BY SELECTING THE
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"ACCEPT" BUTTON YOU AGREE TO THE TERMS AND CONDITIONS OF THE
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AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS, SELECT
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THE "DO NOT ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE AND THE
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INSTALLATION PROCESS WILL NOT CONTINUE.
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1. License to Distribute. Customer is granted a royalty-free,
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non-transferable right to reproduce and use the Software
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for the purpose of developing applications which run in
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conjunction with the Software. Customer may not modify the Software
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(including any APIs exposed by the Software) in any way.
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2. Restrictions. Software is confidential copyrighted information
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of Sun and title to all copies is retained by Sun and/or its
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licensors. Except to the extent enforcement of this provision is
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prohibited by applicable law, if at all, Customer shall not decompile,
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disassemble, decrypt, extract, or otherwise reverse engineer Software.
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Software is not designed or intended for use in on-line control of
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aircraft, air traffic, aircraft navigation or aircraft communications;
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or in the design, construction, operation or maintenance of any nuclear
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facility. Customer warrants that it will not use or redistribute the
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Software for such purposes.
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3. Trademarks and Logos. This Agreement does not authorize
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Customer to use any Sun name, trademark or logo. Customer acknowledges
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that Sun owns the Java trademark and all Java-related trademarks, logos
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and icons including the Coffee Cup and Duke (``Java Marks'') and agrees
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to: (i) comply with the Java Trademark Guidelines at
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http://java.sun.com/trademarks.html; (ii) not do anything harmful to or
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inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun
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in protecting those rights, including assigning to Sun any rights
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acquired by Customer in any Java Mark.
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4. Disclaimer of Warranty. Software is provided ``AS IS,'' without a
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warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
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WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
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FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
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5.Limitation of Liability. IN NO EVENT WILL SUN OR ITS LICENSORS
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BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,
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INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED
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AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE
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DOWNLOADING OF, USE OF, OR INABILITY TO USE, SOFTWARE, EVEN IF SUN HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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6. Termination. Customer may terminate this Agreement at any time
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by destroying all copies of Software. This Agreement will terminate
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immediately without notice from Sun if Customer fails to comply with any
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provision of this Agreement. Upon such termination, Customer must destroy
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all copies of Software. Sections 4 and 5 above shall survive termination
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of this Agreement.
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7. Export Regulations. Software, including technical data, is
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subject to U.S. export control laws, including the U.S. Export
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Administration Act and its associated regulations, and may be subject
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to export or import regulations in other countries. Customer agrees to
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comply strictly with all such regulations and acknowledges that it has
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the responsibility to obtain licenses to export, re-export, or import
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Software. Software may not be downloaded, or otherwise exported or
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re-exported (i) into, or to a national or resident of, Cuba, Iraq,
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Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S.
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has embargoed goods; or (ii) to anyone on the U.S. Treasury
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Department's list of Specially Designated Nations or the U.S. Commerce
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Department's Table of Denial Orders.
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8. Restricted Rights. Use, duplication or disclosure by the United
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States government is subject to the restrictions as set forth in the
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Rights in Technical Data and Computer Software Clauses in DFARS
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252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.
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9. Governing Law. Any action related to this Agreement will be
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governed by California law and controlling U.S. federal law. No choice
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of law rules of any jurisdiction will apply.
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10. Severability. If any of the above provisions are held to be in
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violation of applicable law, void, or unenforceable in any
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jurisdiction, then such provisions are herewith waived or amended to
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the extent necessary for the Agreement to be otherwise enforceable in
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such jurisdiction. However, if in Sun's opinion deletion or amendment
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of any provisions of the Agreement by operation of this paragraph
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unreasonably compromises the rights or increase the liabilities of Sun
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or its licensors, Sun reserves the right to terminate the Agreement.
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