home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
PC World Komputer 1997 February
/
PCWK0297.iso
/
sunsoft
/
license.txt
< prev
next >
Wrap
Text File
|
1996-12-11
|
11KB
|
195 lines
SUNSOFT, INC.
End-User Binary Code
JAVA WORKSHOP SOFTWARE ON-LINE LICENSE AGREEMENT
SUNSOFT IS WILLING TO LICENSE THE ACCOMPANYING JAVA WORKSHOP SOFTWARE TO
YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN
THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY LICENSE TERMS INCLUDED
HEREWITH (THIS "AGREEMENT"). READ THE TERMS AND CONDITIONS OF THIS
AGREEMENT CAREFULLY BEFORE SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF
THIS PAGE. BY SELECTING THE "ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND
BY THIS AGREEMENT, SELECT THE "DO NOT ACCEPT" BUTTON AT THE BOTTOM OF THIS
PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE. YOUR USE OF THE JAVA
WORKSHOP SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS
SET FORTH BELOW.
Copyright and Trademark Information.
(c) 1996 Sun Microsystems, Inc. All Rights Reserved. Protected by copyright
and licenses restricting use, copying, distribution and decompilation. Sun,
the Sun logo, Sun Microsystems, SunSoft, the SunSoft logo, SunSoft
WorkShop, Java WorkShop, Visual Java, the Java and HotJava coffee cup
logos, JDK, Solaris, HotJava, Java, SunPlaza and the "Duke" character are
trademarks or registered trademarks of Sun Microsystems, Inc. Third party
software, including font technology, in this product is protected by
copyright and licensed from Sun's suppliers.
SUNSOFT EVALUATION SOFTWARE LICENSE AGREEMENT:
IF CUSTOMER IS USING THE SOFTWARE FOR EVALUATION PURPOSES ONLY, CUSTOMER
AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. License to Use for Evaluation Purposes. Customer is granted a
non-exclusive and non-transferable license ("License") to use the
accompanying binary software in machine-readable form, together with
accompanying documentation ("Software"), internally for the purposes
of evaluation and demonstration. No license is granted to Customer for
any other purpose. Customer shall not distribute the Software, in
whole or in part, to any third party. This License expires thirty (30)
days from the date of installation.
2. No Support of Evaluation Software. SOFTWARE USED FOR EVALUATION
PURPOSES IS LICENSED "AS IS." SUNSOFT DISCLAIMS ALL WARRANTIES
CONCERNING SUCH EVALUATION SOFTWARE, EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT.
3. Other Terms. Paragraphs 2, Restrictions, 3, Confidentiality, 6, Limit
of Liability, 7, Termination, 8, Export Regulations, 9, U.S.
Government Restricted Rights, 10, Governing Law, 11, Severability, and
12, Integration, of the Purchased Software Agreement below shall apply
to Evaluation Software. No Supplementary Terms are applicable to
Evaluation Software.
SUNSOFT PURCHASED SOFTWARE LICENSE AGREEMENT:
IF CUSTOMER HAS PAID THE APPLICABLE SOFTWARE LICENSE FEE, CUSTOMER AGREES
TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. License to Use. Customer is granted a non-exclusive and
non-transferable license ("License") for the use of the accompanying
binary software in machine-readable form, together with accompanying
documentation ("Software"), by the number of users and the class of
computer hardware for which the corresponding fee has been paid.
2. Restrictions. Software is copyrighted and title to all copies is
retained by SunSoft and/or its licensors. Customer shall not make
copies of Software, other than a single copy of Software for archival
purposes and, if applicable, Customer may, for its internal use only,
print the number of copies of on-line documentation for which the
applicable fee has been paid, in which event all proprietary rights
notices on Software shall be reproduced and applied. Except as
specifically authorized elsewhere in this Agreement or unless
enforcement of this provision is prohibited by applicable law,
Customer shall not modify, decompile, disassemble, decrypt, extract,
or otherwise reverse engineer Software. Software is not designed or
licensed for use in on-line control equipment in hazardous
environments such as operation of nuclear facilities, aircraft
navigation or control, or direct life support machines.
3. Confidentiality. Software is confidential and proprietary information
of SunSoft and/or its licensors. Customer agrees to take adequate
steps to protect Software from unauthorized disclosure or use.
4. Limited Warranty. SunSoft warrants that for a period of ninety (90)
days from the date of purchase, as evidenced by a copy of the receipt,
the Software will conform to the specifications for such Software.
Otherwise, the Software is provided "AS IS". This limited warranty
extends only to Customer as the original licensee. Customer's
exclusive remedy and SunSoft's entire liability under this limited
warranty will be, at SunSoft's option, to repair or replace the
Software, or refund the license fee paid therefor.
5. Disclaimer of Warranty. EXCEPT AS SPECIFIED IN THIS LICENSE, ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE
EXTENT ALLOWED BY APPLICABLE LAW.
6. Limitation of Liability. IN NO EVENT WILL SUNSOFT BE LIABLE FOR ANY
LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, 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 SUNSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event shall SunSoft's liability to Customer, whether in
contract, tort (including negligence), or otherwise, exceed the
license fee paid by Customer for Software. The foregoing limitations
shall apply even if the above stated warranty fails of its essential
purpose.
7. Termination. This License is effective until terminated. Customer may
terminate this License at any time by destroying all copies of
Software including any documentation. This License will terminate
immediately without notice from SunSoft if Customer fails to comply
with any provision of this License. Upon termination, Customer must
destroy all copies of Software.
8. 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. Customer 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.
9. U.S. Government Restricted Rights. If Customer is acquiring Software
including accompanying documentation on behalf of the U.S. Government,
the following provisions apply. If Software is supplied to the
Department of Defense ("DOD"), Software is subject to "Restricted
Rights", as that term is defined in the DOD Supplement to the Federal
Acquisition Regulations ("DFAR") in paragraphs DFAR
252.227-7015(b)(6/95) and DFAR 227.7202-3(a). If Software is supplied
to any unit or agency of the United States Government other than DOD,
the Government's rights in Software will be as defined in paragraphs
52.227-14(g)(2)(6/87) and 52.227-19(6/87) of the Federal Acquisition
Regulations ("FAR"). Use, duplication, reproduction or disclosure by
the Government is subject to such restrictions or successor
provisions. Contractor/Manufacturer is: SunSoft, Inc., 2550 Garcia
Ave., Mountain View, CA 94043.
10. Governing Law. This Agreement is made under, shall be governed by and
construed in accordance with the laws of the State of California,
U.S.A., excluding its choice of law provisions.
11. 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 to the extent
necessary for the License to be otherwise enforceable in such
jurisdiction. However, if in SunSoft's opinion deletion of any
provisions of the License by operation of this paragraph unreasonably
compromises the rights or liabilities of SunSoft or its licensors,
SunSoft reserves the right to terminate the License and refund the fee
paid by Customer as Customer's sole and exclusive remedy.
12. Integration. This Agreement (including any supplementary terms) is the
entire agreement between Customer and SunSoft relating to Software
and: (i) supersedes all prior or contemporaneous oral or written
communications, proposals and representations with respect to its
subject matter; and (ii) prevails over any conflicting or additional
terms of any quote, order, acknowledgment, or similar communication
between the parties during the term of this Agreement. No modification
to the Agreement will be binding, unless in writing and signed by a
duly authorized representative of each party.
SUPPLEMENTARY LICENSE TERMS
FOR JAVA WORKSHOP VERSION 1.0
1. License to Develop Applications. Customer is granted a royalty-free
right to reproduce and distribute the binary runtime module ("Module")
of the Software, provided that Customer: (i) distributes the Module
only in conjunction with and as part of its software program
("Application") into which they are incorporated; (ii) does not use
Sun's or SunSoft's name, logo or trademarks to market Customer's
Application; (iii) includes "Portions 1996 Sun Microsystems, Inc." on
Customer's product label and with all copyright notices for the
Application; (iv) agrees to indemnify, hold harmless, and defend
SunSoft and/or its licensors from and against any claims or lawsuits,
including attorneys' fees, that arise or result from the use or
distribution of the Application; and (v) the end user license for the
Application includes the terms and conditions set forth in Sections
2,3,5,6,8 and 9 above. The files that constitute the Module are the
Visual Java runtime classes identified in the documentation or the
on-line READ ME file. Customer is granted no right or license to
reproduce or distribute any runtime source files contained in the
Software.
2. JDK Attribution. The JDK binary release which is contained in the
Software is based in part on the work of the Independent JPEG Group.
Copyright 1996 Sun Microsystems, Inc., 2550 Garcia Ave., Mtn. View, CA
94043-1100 USA. All rights reserved.