"Javatm IDL" Early Access Release, Version 1.1

SOFTWARE LICENSE AGREEMENT

SUN IS WILLING TO LICENSE Java IDL TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. YOU MAY ACCEPT THE TERMS OF THIS LICENSE AGREEMENT BY CLICKING ON THE "ACCEPT" BUTTON BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, SELECT THE "DO NOT ACCEPT" BUTTON AT THE BOTTOM OF THE PAGE AND THE INSTALLATION PROCESS WILL CEASE. YOUR USE OF THE LICENSED SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW.

Copyright, Trademark and License Information

Copyright (c) 1997, Sun Microsystems, Inc. 2550 Garcia Avenue Mountain View, California 94043 All Rights Reserved. Sun, Sun Microsystems, the Sun logo, Solaris, Java, HotJava, the Java and HotJava coffee cup logos, JDK and the "Duke" character are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries. This product or document is protected by copyright and distributed under licenses restricting its use, copying, distribution, and decompilation. No part of this product or document may be reproduced in any form by any means without prior written authorization of Sun and its licensors, if any. Third party software, including font technology, in this product is protected by copyright and licensed from Sun suppliers.

  1. DEFINITIONS
    The JavaTM IDL, version 1.1, Early Access software, in binary form, and Related Materials (defined below) (hereafter referred to collectively as "Licensed Software") is provided to you subject to Sun Microsystems, Inc.'s copyright and other intellectual property rights. "Related Materials" means all Documentation and machine readable materials (including without limitation libraries, executables, header files and data files) provided to you by Sun.

  2. LICENSE TO EVALUATE LICENSED SOFTWARE AND RELATED MATERIALS
    Sun hereby grants to you ("Licensee") a non-exclusive, non-transferable, royalty-free and restricted license to evaluate the Licensed Software and Related Materials internally for evaluation purposes only. No license is granted to you for any other purpose. You shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the licensed software. This license will expire ninety (90) days from the date you install the software or August 31, 1997, whichever is earlier, unless terminated earlier as provided below.

    Licensee must accept all of the terms contained in this license agreement ("Agreement"). You may not distribute the Licensed Software and/or Related Materials in whole or in part, to any third party. You may duplicate a single copy of the Licensed Software and Related Materials for archival purposes only, without obtaining Sun's prior written consent. Licensee agrees to reproduce any copyright or other proprietary rights notices on all such archival material.

    Licensee acknowledges that nothing in this Agreement gives it the right to use any trademark, trade name or service mark of Sun or any third party from whom Sun has acquired license rights. Sun retains exclusive ownership of the Licensed Software and Related Materials.

  3. NO SUPPORT OF LICENSED SOFTWARE
    Sun is under no obligation to support the Licensed Software or Related Materials in any way, or to provide you with updates, bug fixes, builds or error corrections (collectively, "Software Updates"). If Sun at its sole option, supplies Software Updates to you, such Software Updates will be considered part of the Licensed Software, subject to the terms and conditions of this Agreement.

    Sun will not be obligated to make the Licensed Software available to you as a final Sun product. The Licensed Software is in a very early stage of development and programming interfaces will change in subsequent versions of the Licensed Software. You acknowledge that you may be required to change application code which have developed based on the Licensed Software.

  4. CONFIDENTIAL INFORMATION.
    "Confidential Information" means the Licensed Software and Related Materials and any other information which Sun supplies to you under this Agreement which Sun desires to protect against unrestricted disclosure or competitive use. Confidential Information may include information that is proprietary to a third party from whom Sun has acquired license rights.

    "Confidential Information" does not include information that: A. is known to you at the time of disclosure other than by previous disclosure under an obligation of confidentiality; other than Sun, without violation of this Agreement; B. becomes known or available to you, without restriction, from a source other than Sun, without violation of this Agreement; C. is or becomes generally known in the computer industry without violation of this Agreement by you; or; D. is independently developed by you without reference to the Licensed Software.

    You shall treat all Confidential Information of Sun with the same degree of care, but no less than reasonable care, as you use to protect your own Confidential Information of like importance. You acknowledge that you do not acquire any rights of ownership or title in the Confidential Information, which remains the sole property of Sun and/or its licensors.

    You may divulge information pursuant to statute, regulation, or the order of a court of competent jurisdiction only, provided that you previously notify Sun to take appropriate protective measures.

    The provisions of this Paragraph 4 shall survive termination or expiration of this License Agreement for a period of three (3) years from the date of each disclosure to you.

  5. RESTRICTED RIGHTS; NO HIGH RISK ACTIVITIES.
    RESTRICTED RIGHTS: Use, duplication, or disclosure by the U.S. Government is subject to restrictions of FAR 52.227-14(g)(2)(6/87) and FAR 52.227-19(6/87), or DFAR 252.227-7015(b)(6/95) and DFAR 227.7202-3(a).

    The Licensed Software may contain errors and is not designed or intended for use in on-line facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems ("High Risk Activities") in which the failure of the Licensed Software would lead directly to death, personal injury or severe physical or environmental damage. You represent and warrant to Sun that you will not use, distribute or license the Licensed Software for High Risk Activities.

  6. WARRANTY AND DISCLAIMER OF WARRANTY
    THE LICENSED SOFTWARE AND RELATED MATERIALS ARE PROVIDED "AS IS" AND SUN DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE AND RELATED MATERIALS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF DESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR WARRANTIES CONCERNING THE NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

  7. LIMITATION OF LIABILITY
    IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST REVENUES OR PROFITS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING WITH RESPECT TO THE LICENSED SOFTWARE AND RELATED MATERIALS OR ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    The provisions of regarding Limitation of Liability shall survive the expiration or termination of this Agreement.

  8. TERMINATION
    Unless otherwise instructed by Sun, within five (5) days after expiration or termination of this agreement or within five (5) days upon receipt of written notification from Sun, you will destroy all Licensed Software and Related Materials and the Confidential Information covered by this Agreement, including any copies.

    You may terminate this Agreement at any time by destroying all copies of the Licensed Software and related Documentation. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.

  9. MISCELLANEOUS
    If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision shall be deemed omitted.

    This Agreement constitutes and expresses the entire agreement and understanding between you and Sun and supersedes all previous communications, representations or agreements, whether written or oral, with respect to the subject matter hereof.

    This Agreement may not be and shall not be deemed or construed to have been modified, amended, rescinded, or waived, in whole or part, except by a written instrument signed by authorized representatives of you and Sun.

    You may not transfer, assign or delegate in any manner this Agreement and the rights granted and obligations you have undertaken hereunder.

    This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to conflict of laws principles.By using or copying this Licensed Software and/or Related Materials, Licensee agrees to abide by the intellectual property laws and all other applicable laws of the U.S (including without limitation the export laws of the United States) and the terms of this license.

    It is understood and agreed that, notwithstanding any other provisions of this Agreement, your breach of the provisions of Paragraph 4, Confidential Information, of this Agreement will cause Sun irreparable damage for which recovery of money damages would be inadequate, and that Sun will therefore be entitled to seek timely injunctive relief to protect Sun's rights under this Agreement in addition to any and all remedies available at law.

    The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.



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