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- Pre-Release
- Binary Software Evaluation Agreement
-
- SUN IS WILLING TO LICENSE JAVA(TM) 2 STANDARD EDITION, VERSION 1.4 PRE-RELEASE
- SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
- CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS AND
- CONDITIONS OF THIS LICENSE CAREFULLY. BY INSTALLING THIS SOFTWARE, YOU ACCEPT
- THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE
- BOUND BY ITS TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE AND
- THE INSTALLATION PROCESS WILL NOT CONTINUE.
-
- 1.0 DEFINITIONS
- "Licensed Software" means the Java 2 Standard Edition, Version 1.4 Pre-release
- Software in binary form, any other machine readable materials (including, but
- not limited to, libraries, source files, header files, and data files) and any
- user manuals, programming guides and other documentation provided to Licensee by
- Sun Microsystems, Inc. under this Agreement.
-
- 2.0 LIMITED LICENSE
- Sun Microsystems, Inc. grants to Licensee, a non-exclusive, non- transferable,
- royalty-free and limited license to use Licensed Software internally for the
- purposes of evaluation only. No license is granted to Licensee for any other
- purpose. Licensee may not sell, rent, loan or otherwise encumber or transfer
- Licensed Software in whole or in part, to any third party.
-
- 3.0 LICENSE RESTRICTIONS
- 3.1 Licensee may not duplicate Licensed Software other than for a single copy of
- Licensed Software for archival purposes only. Licensee agrees to reproduce any
- copyright and other proprietary right notices on any such copy.
- 3.2 Except as otherwise provided by law, Licensee may not modify or create
- derivative works of the Licensed Software, or reverse engineer, disassemble or
- decompile binary portions of the Licensed Software, or otherwise attempt to
- derive the source code from such portions.
- 3.3 No right, title, or interest in or to Licensed Software, any trademarks,
- service marks, or trade names of Sun or Sun's licensors is granted under this
- Agreement.
- 3.4 Licensee shall have no right to use the Licensed Software for productive or
- commercial use.
-
- 4.0 NO SUPPORT
- Sun Microsystems, Inc. is under no obligation to support Licensed Software or
- to provide Licensee with updates or error corrections (collectively "Software
- Updates"). If Sun Microsystems, Inc., at its sole option, supplies Software
- Updates to Licensee, the Software Updates will be considered part of Licensed
- Software, and subject to the terms of this Agreement.
-
- 5.0 LICENSEE DUTIES
- Licensee agrees to evaluate and test the Licensed Software for use with
- Licensee's products and to provide feedback to Sun's email address:
- j2se-beta-feedback@sun.com. Sun shall treat any oral or written feedback or
- results of Licensee's testing of the Licensed Software which Licensee provides
- to Sun as Sun's Confidential Information (defined in Section 7 below).
-
- 6.0 TERM AND TERMINATION OF AGREEMENT
- 6.1 This Agreement will commence on the date on which Licensee receives Licensed
- Software (the "Effective Date") and will expire <DAYS> days from the Effective
- Date, unless terminated earlier as provided below.
- 6.2 Either party may terminate this Agreement upon ten (10) days written notice
- to the other party. However, Sun may terminate this Agreement immediately
- should any Licensed Software become, or in Sun's opinion be likely to become,
- the subject of a claim of infringement of a patent, trade secret or copyright.
- 6.3 Sun may terminate this Agreement immediately should Licensee materially
- breach any of its provisions or take any action in derogation of Sun's rights to
- the Confidential Information licensed to Licensee.
- 6.4 Upon termination or expiration of this Agreement, Licensee will immediately
- cease use of and destroy Licensed Software and any copies thereof and provide
- Sun Microsystems, Inc. a written statement certifying that Licensee has
- complied with the foregoing obligations.
- 6.5 Rights and obligations under this Agreement which by their nature should
- survive, will remain in effect after termination or expiration hereof.
-
- 7.0 CONFIDENTIAL INFORMATION
- 7.1 For purposes of this Agreement, "Confidential Information" means: (i)
- business and technical information and any source code or binary code which Sun
- discloses to Licensee related to Licensed Software; and (ii) the terms,
- conditions, and existence of this Agreement. Licensee may not disclose
- Confidential Information or use it except for the purposes specified in this
- Agreement. Licensee will protect the confidentiality of Confidential
- Information to the same degree of care, but no less than reasonable care, as
- Licensee uses to protect its own Confidential Information. Licensee's
- obligations regarding Confidential Information will expire no less than five (5)
- years from the date of receipt of the Confidential Information, except for Sun
- source code which will be protected in perpetuity. Licensee agrees that
- Licensed Software contains trade secrets of Sun.
- 7.2 Notwithstanding any provisions contained in this Agreement concerning
- nondisclosure and non-use of the Confidential Information, the nondisclosure
- obligations of Section 7.1 will not apply to any portion of Confidential
- Information that a Licensee can demonstrate in writing is: (i) now, or
- hereafter through no act or failure to act on the part of Licensee becomes,
- generally known to the general public; (ii) known to Licensee at the time of
- receiving the Confidential Information without an obligation of confidentiality;
- (iii) hereafter rightfully furnished to Licensee by a third party without
- restriction on disclosure; or (iv) independently developed by Licensee without
- any use of the Confidential Information.
- 7.3 Licensee must restrict access to Confidential Information to its employees
- or contractors with a need for this access to perform their employment or
- contractual obligations and who have agreed in writing to be bound by a
- confidentiality obligation which incorporates the protections and restrictions
- substantially as set forth in this Agreement.
-
- 8.0 DISCLAIMER OF WARRANTY
- 8.1 Licensee acknowledges that Licensed Software may contain errors and is not
- designed or intended for use in the design, construction, operation or
- maintenance of any nuclear facility ("High Risk Activities"). Sun disclaims any
- express or implied warranty of fitness for such uses. Licensee represents and
- warrants to Sun that it will not use, distribute or license the Licensed
- Software for High Risk Activities.
- 8.2 LICENSED SOFTWARE IS PROVIDED "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.
-
- 9.0 LIMITATION OF LIABILITY
- 9.1 Licensee acknowledges that the Licensed Software is experimental. Licensee
- acknowledges that the Licensed Software may have defects or deficiencies which
- cannot or will not be corrected by Sun. Licensee will hold Sun harmless from
- any claims based on Licensee's use of the Licensed Software for any purposes
- other than those of internal evaluation, and from any claims that later versions
- or releases of any Licensed Software furnished to Licensee are incompatible with
- the Licensed Software provided to Licensee under this Agreement.
- 9.2 Licensee shall have the sole responsibility to protect adequately and backup
- Licensee's data and/or equipment used in connection with the Licensed Software.
- Licensee shall not claim against Sun for lost data, re-run time, inaccurate
- output, work delays or lost profits resulting from Licensee' use of the Licensed
- Software.
- 9.3 Licensee acknowledges that Sun is under no obligation to release the
- Licensed Software as a product of Sun.
- 9.4 Neither party will 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 that party
- has been previously advised of the possibility of such damage.
-
- 10.0 U.S. GOVERNMENT RIGHTS
- If this Software is being acquired by or on behalf of the U.S. Government or by
- a U.S. Government prime contractor or subcontractor (at any tier), then the
- Government's rights in the Software and accompanying documentation shall be only
- as set forth in this license; this is in accordance with 48 C.F.R. 227.7201
- through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
- C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
-
- 11.0 GENERAL TERMS
- 11.1 Any action related to this Agreement will be governed by California law and
- controlling U.S. federal law. The U.N. Convention for the International Sale
- of Goods and the choice of law rules of any jurisdiction will not apply.
- 11.2 Licensed Software and technical data delivered under this Agreement are
- subject to U.S. export control laws and may be subject to export or import
- regulations in other countries. Licensee agrees to comply strictly with all
- such laws and regulations and acknowledges that it has the responsibility to
- obtain such licenses to export, re-export or import as may be required after
- delivery to Licensee.
- 11.3 It is understood and agreed that, notwithstanding any other provision of
- this Agreement, Licensee's breach of the provisions of Section 7 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.
- 11.4 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 this Agreement to an affiliated company.
- 11.5 This Agreement is the parties' entire agreement relating to its subject
- matter. It supersedes all prior or contemporaneous oral or written
- communications, proposals, conditions, representations and warranties and
- prevails over any conflicting or additional terms of any quote, order,
- acknowledgment, or other communication between the parties relating to its
- subject matter during the term of this Agreement. No modification to this
- Agreement will be binding, unless in writing and signed by an authorized
- representative of each party.
-
- Form ID#011801
-