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Java Foundation
Classes
Version 1.1
Binary Code License
Agreement
SUN MICROSYSTEMS, INC.,
THROUGH ITS JAVASOFT BUSINESS ("SUN"), IS WILLING
TO LICENSE THE ACCOMPANYING JAVA FOUNDATION CLASSES
VERSION1.1 SOFTWARE AND ASSOCIATED DOCUMENTATION INCLUDING
AUTHORIZED COPIES OF EACH (THE "SOFTWARE") TO YOU
("LICENSEE") ONLY ON THE CONDITION THAT LICENSEE ACCEPTS
ALL OF THE TERMS IN THIS AGREEMENT.
PLEASE READ THE TERMS
CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING
THE SOFTWARE, 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, THEN SUN DOES NOT GRANT ANY LICENSE
TO THE SOFTWARE, AND LICENSEE MUST NOT INSTALL THE
SOFTWARE.
1. License to Distribute.
Licensee is granted a royalty-free right to reproduce
and distribute the Software provided that Licensee:
(i) distributes the Software, in whole or in part,
only when incorporated into Licensee's value-added
applet or application ("Program"); (ii) does not distribute
additional software intended to replace any component(s)
of the Software; (iii) does not remove or alter any
proprietary legends or notices contained in the Software;
(iv) includes the provisions of Sections 2, 3, 4,
5, 7 and 8 in or in addition to Licensee's license
agreement for the Program; (v) 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.
2. Restrictions. Software
is confidential copyrighted information of Sun and
title to all copies is retained by Sun and/or its
licensors. Licensee shall not decompile, disassemble,
decrypt, extract, or otherwise reverse engineer Software.
Software may not be leased, assigned, or sublicensed,
in whole or in part. 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. Licensee warrants that it
will not use or redistribute the Software for such
purposes.
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. Disclaimer of Warranty.
Software is provided "AS IS," without a warranty of
any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
ARE HEREBY EXCLUDED.
5. Limitation of Liability.
SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY
DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS
A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO
EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY
LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY,
ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE,
EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
6. Termination. Licensee
may terminate this Agreement at any time by destroying
all copies of Software. This Agreement will terminate
immediately without notice from Sun if Licensee fails
to comply with any provision of this Agreement. Upon
such termination, Licensee must destroy all copies
of Software in its possession.
7. Export Regulations.
Software, including technical data, is subject to
U.S. export control laws, including the U.S. Export
Administration Act and its associated regulations,
and may be subject to export or import regulations
in other countries. Licensee agrees to comply strictly
with all such regulations and acknowledges that it
has the responsibility to obtain licenses to export,
re-export, or import Software. Software may not be
downloaded, or otherwise exported or re-exported (i)
into, or to a national or resident of, Cuba, Iraq,
Iran, North Korea, Libya, Sudan, Syria or any country
to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially
Designated Nations or the U.S. Commerce Department's
Table of Denial Orders.
8. Restricted Rights.
Use, duplication or disclosure by the United States
government is subject to the restrictions as set forth
in the Rights in Technical Data and Computer Software
Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR
52.227-19(c) (2) as applicable.
9. Governing Law. Any
action related to this Agreement will be governed
by California law and controlling U.S. federal law.
No choice of law rules of any jurisdiction will apply.
10. Severability. If any
of the above provisions are held to be in violation
of applicable law, void, or unenforceable in any jurisdiction,
then such provisions are herewith waived or amended
to the extent necessary for the Agreement to be otherwise
enforceable in such jurisdiction. However, if in Sun's
opinion deletion or amendment of any provisions of
the Agreement by operation of this paragraph unreasonably
compromises the rights or increase the liabilities
of Sun or its licensors, Sun reserves the right to
terminate the Agreement.
11. 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 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.
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